HB4844 EngrossedLRB103 39009 AMC 69146 b

1    AN ACT to revise the law by combining multiple enactments
2and making technical corrections.
 
3    Be it enacted by the People of the State of Illinois,
4represented in the General Assembly:
 
5    Section 1. Nature of this Act.
6    (a) This Act may be cited as the First 2024 General
7Revisory Act.
8    (b) This Act is not intended to make any substantive
9change in the law. It reconciles conflicts that have arisen
10from multiple amendments and enactments and makes technical
11corrections and revisions in the law.
12    This Act revises and, where appropriate, renumbers certain
13Sections that have been added or amended by more than one
14Public Act. In certain cases in which a repealed Act or Section
15has been replaced with a successor law, this Act may
16incorporate amendments to the repealed Act or Section into the
17successor law. This Act also corrects errors, revises
18cross-references, and deletes obsolete text.
19    (c) In this Act, the reference at the end of each amended
20Section indicates the sources in the Session Laws of Illinois
21that were used in the preparation of the text of that Section.
22The text of the Section included in this Act is intended to
23include the different versions of the Section found in the
24Public Acts included in the list of sources, but may not

 

 

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1include other versions of the Section to be found in Public
2Acts not included in the list of sources. The list of sources
3is not a part of the text of the Section.
4    (d) Public Acts 102-1119 through 103-583 were considered
5in the preparation of the combining revisories included in
6this Act. Many of those combining revisories contain no
7striking or underscoring because no additional changes are
8being made in the material that is being combined.
 
9    Section 5. The Regulatory Sunset Act is amended by
10changing Section 4.39 as follows:
 
11    (5 ILCS 80/4.39)
12    Sec. 4.39. Acts and Section repealed on January 1, 2029
13and December 31, 2029.
14    (a) The following Acts and Section are repealed on January
151, 2029:
16        The Electrologist Licensing Act.
17        The Environmental Health Practitioner Licensing Act.
18        The Illinois Occupation Therapy Practice Act.
19        The Crematory Regulation Act.
20        The Illinois Public Accounting Act.
21        The Private Detective, Private Alarm, Private
22    Security, Fingerprint Vendor, and Locksmith Act of 2004.
23        Section 2.5 of the Illinois Plumbing License Law.
24        The Veterinary Medicine and Surgery Practice Act of

 

 

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1    2004.
2        The Registered Surgical Assistant and Registered
3    Surgical Technologist Title Protection Act.
4    (b) The following Act is repealed on December 31, 2029:
5        The Structural Pest Control Act.
6(Source: P.A. 103-251, eff. 6-30-23; 103-253, eff. 6-30-23;
7103-309, eff. 7-28-23; 103-387, eff. 7-28-23; 103-505, eff.
88-4-23; revised 8-28-23.)
 
9    Section 10. The Illinois Administrative Procedure Act is
10amended by setting forth, renumbering, and changing multiple
11versions of Sections 5-45.35 and 5-45.36 as follows:
 
12    (5 ILCS 100/5-45.35)
13    Sec. 5-45.35. (Repealed).
14(Source: P.A. 102-1104, eff. 12-6-22. Repealed internally,
15eff. 12-6-23.)
 
16    (5 ILCS 100/5-45.36)
17    (Section scheduled to be repealed on June 7, 2024)
18    Sec. 5-45.36. Emergency rulemaking. To provide for the
19expeditious and timely implementation of Section 234 of the
20Illinois Income Tax Act, emergency rules implementing that
21Section may be adopted in accordance with Section 5-45 by the
22Department of Revenue. The adoption of emergency rules
23authorized by Section 5-45 and this Section is deemed to be

 

 

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1necessary for the public interest, safety, and welfare.
2    This Section is repealed on June 7, 2024 (one year after
3the effective date of Public Act 103-9) this amendatory Act of
4the 103rd General Assembly.
5(Source: P.A. 103-9, eff. 6-7-23; revised 9-27-23.)
 
6    (5 ILCS 100/5-45.38)
7    (Section scheduled to be repealed on January 10, 2024)
8    Sec. 5-45.38 5-45.35. Emergency rulemaking. To provide for
9the expeditious and timely implementation of Public Act
10102-1116 this amendatory Act of the 102nd General Assembly,
11emergency rules implementing Public Act 102-1116 this
12amendatory Act of the 102nd General Assembly may be adopted in
13accordance with Section 5-45 by the Illinois State Police. The
14adoption of emergency rules authorized by Section 5-45 and
15this Section is deemed to be necessary for the public
16interest, safety, and welfare.
17    This Section is repealed on January 10, 2024 (one year
18after the effective date of Public Act 102-1116) this
19amendatory Act of the 102nd General Assembly.
20(Source: P.A. 102-1116, eff. 1-10-23; revised 3-13-23.)
 
21    (5 ILCS 100/5-45.39)
22    (Section scheduled to be repealed on January 13, 2024)
23    Sec. 5-45.39 5-45.35. Emergency rulemaking; temporary
24licenses for health care. To provide for the expeditious and

 

 

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1timely implementation of Section 66 of the Medical Practice
2Act of 1987, Section 65-11.5 of the Nurse Practice Act, and
3Section 9.7 of the Physician Assistant Practice Act of 1987,
4emergency rules implementing the issuance of temporary permits
5to applicants who are licensed to practice as a physician,
6advanced practice registered nurse, or physician assistant in
7another state may be adopted in accordance with Section 5-45
8by the Department of Financial and Professional Regulation.
9The adoption of emergency rules authorized by Section 5-45 and
10this Section is deemed to be necessary for the public
11interest, safety, and welfare.
12    This Section is repealed on January 13, 2024 (one year
13after the effective date of Public Act 102-1117) this
14amendatory Act of the 102nd General Assembly.
15(Source: P.A. 102-1117, eff. 1-13-23; revised 3-13-23.)
 
16    (5 ILCS 100/5-45.40)
17    (Section scheduled to be repealed on January 18, 2024)
18    Sec. 5-45.40 5-45.35. Emergency rulemaking; rural
19emergency hospitals. To provide for the expeditious and timely
20implementation of Public Act 102-1118 this amendatory Act of
21the 102nd General Assembly, emergency rules implementing the
22inclusion of rural emergency hospitals in the definition of
23"hospital" in Section 3 of the Hospital Licensing Act may be
24adopted in accordance with Section 5-45 by the Department of
25Public Health. The adoption of emergency rules authorized by

 

 

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1Section 5-45 and this Section is deemed to be necessary for the
2public interest, safety, and welfare.
3    This Section is repealed on January 18, 2024 (one year
4after the effective date of Public Act 102-1118) this
5amendatory Act of the 102nd General Assembly.
6(Source: P.A. 102-1118, eff. 1-18-23; revised 3-13-23.)
 
7    (5 ILCS 100/5-45.41)
8    (Section scheduled to be repealed on February 3, 2024)
9    Sec. 5-45.41 5-45.35. Emergency rulemaking. To provide for
10the expeditious and timely implementation of the Invest in
11Illinois Act, emergency rules implementing the Invest in
12Illinois Act may be adopted in accordance with Section 5-45 by
13the Department of Commerce and Economic Opportunity. The
14adoption of emergency rules authorized by Section 5-45 and
15this Section is deemed to be necessary for the public
16interest, safety, and welfare.
17    This Section is repealed on February 3, 2024 (one year
18after the effective date of Public Act 102-1125) this
19amendatory Act of the 102nd General Assembly.
20(Source: P.A. 102-1125, eff. 2-3-23; revised 3-13-23.)
 
21    (5 ILCS 100/5-45.45)
22    (Section scheduled to be repealed on June 16, 2024)
23    Sec. 5-45.45 5-45.35. Emergency rulemaking; Substance Use
24Disorder Residential and Detox Rate Equity. To provide for the

 

 

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1expeditious and timely implementation of the Substance Use
2Disorder Residential and Detox Rate Equity Act, emergency
3rules implementing the Substance Use Disorder Residential and
4Detox Rate Equity Act may be adopted in accordance with
5Section 5-45 by the Department of Human Services and the
6Department of Healthcare and Family Services. The adoption of
7emergency rules authorized by Section 5-45 and this Section is
8deemed to be necessary for the public interest, safety, and
9welfare.
10    This Section is repealed on June 16, 2024 (one year after
11the effective date of Public Act 103-102) this amendatory Act
12of the 103rd General Assembly.
13(Source: P.A. 103-102, eff. 6-16-23; revised 9-27-23.)
 
14    (5 ILCS 100/5-45.46)
15    (Section scheduled to be repealed on January 1, 2025)
16    Sec. 5-45.46 5-45.35. Emergency rulemaking; Illinois Law
17Enforcement Training Standards Board. To provide for the
18expeditious and timely implementation of the changes made in
19Sections 8.1 and 8.2 of the Illinois Police Training Act,
20emergency rules implementing the waiver process under Sections
218.1 and 8.2 of the Illinois Police Training Act may be adopted
22in accordance with Section 5-45 by the Illinois Law
23Enforcement Training Standards Board. The adoption of
24emergency rules authorized by Section 5-45 and this Section is
25deemed to be necessary for the public interest, safety, and

 

 

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1welfare.
2    This Section is repealed on January 1, 2025 (one year
3after the effective date of Public Act 103-389) this
4amendatory Act of the 103rd General Assembly.
5(Source: P.A. 103-389, eff. 1-1-24; revised 9-7-23.)
 
6    (5 ILCS 100/5-45.47)
7    (Section scheduled to be repealed on August 4, 2024)
8    Sec. 5-45.47 5-45.35. Emergency rulemaking; Department of
9Natural Resources. To provide for the expeditious and timely
10implementation of Section 13 of the Human Remains Protection
11Act, emergency rules implementing Section 13 of the Human
12Remains Protection Act may be adopted in accordance with
13Section 5-45 by the Department of Natural Resources. The
14adoption of emergency rules authorized by Section 5-45 and
15this Section is deemed to be necessary for the public
16interest, safety, and welfare.
17    This Section is repealed on August 4, 2024 (one year after
18the effective date of Public Act 103-446) this amendatory Act
19of the 103rd General Assembly.
20(Source: P.A. 103-446, eff. 8-4-23; revised 9-27-23.)
 
21    (5 ILCS 100/5-45.48)
22    (Section scheduled to be repealed on January 1, 2025)
23    Sec. 5-45.48 5-45.35. Emergency rulemaking; occupational
24licenses. To provide for the expeditious and timely

 

 

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1implementation of Public Act 103-550 this amendatory Act of
2the 103rd General Assembly, emergency rules implementing the
3changes made to Section 9 of the Illinois Gambling Act may be
4adopted in accordance with Section 5-45 by the Illinois Gaming
5Board. The adoption of emergency rules authorized by Section
65-45 and this Section is deemed to be necessary for the public
7interest, safety, and welfare.
8    This Section is repealed on January 1, 2025 (one year
9after the effective date of Public Act 103-550) this
10amendatory Act of the 103rd General Assembly.
11(Source: P.A. 103-550, eff. 1-1-24; revised 1-30-24.)
 
12    (5 ILCS 100/5-45.50)
13    Sec. 5-45.50 5-45.35. (Repealed).
14(Source: P.A. 102-1108, eff. 12-21-22. Repealed internally,
15eff. 12-21-23)
 
16    (5 ILCS 100/5-45.51)
17    (Section scheduled to be repealed on June 16, 2024)
18    Sec. 5-45.51 5-45.36. Emergency rulemaking; Medicaid
19reimbursement rates for hospital inpatient and outpatient
20services. To provide for the expeditious and timely
21implementation of the changes made by Public Act 103-102 this
22amendatory Act of the 103rd General Assembly to Sections
235-5.05, 14-12, 14-12.5, and 14-12.7 of the Illinois Public Aid
24Code, emergency rules implementing the changes made by Public

 

 

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1Act 103-102 this amendatory Act of the 103rd General Assembly
2to Sections 5-5.05, 14-12, 14-12.5, and 14-12.7 of the
3Illinois Public Aid Code may be adopted in accordance with
4Section 5-45 by the Department of Healthcare and Family
5Services. The adoption of emergency rules authorized by
6Section 5-45 and this Section is deemed to be necessary for the
7public interest, safety, and welfare.
8    This Section is repealed on June 16, 2024 (one year after
9the effective date of Public Act 103-102) this amendatory Act
10of the 103rd General Assembly.
11(Source: P.A. 103-102, eff. 6-16-23; revised 9-27-23.)
 
12    (5 ILCS 100/5-45.52)
13    (Section scheduled to be repealed on December 8, 2024)
14    Sec. 5-45.52 5-45.35. Emergency rulemaking; Public Act
15103-568 this amendatory Act of the 103rd General Assembly. To
16provide for the expeditious and timely implementation of
17Public Act 103-568 this amendatory Act of the 103rd General
18Assembly, emergency rules implementing Public Act 103-568 this
19amendatory Act of the 103rd General Assembly may be adopted in
20accordance with Section 5-45 by the Department of Financial
21and Professional Regulation. The adoption of emergency rules
22authorized by Section 5-45 and this Section is deemed to be
23necessary for the public interest, safety, and welfare.
24    This Section is repealed on December 8, 2024 (one year
25after the effective date of Public Act 103-568) this

 

 

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1amendatory Act of the 103rd General Assembly.
2(Source: P.A. 103-568, eff. 12-8-23; revised 12-22-23.)
 
3    Section 15. The Freedom of Information Act is amended by
4changing Sections 7 and 7.5 as follows:
 
5    (5 ILCS 140/7)
6    Sec. 7. Exemptions.
7    (1) When a request is made to inspect or copy a public
8record that contains information that is exempt from
9disclosure under this Section, but also contains information
10that is not exempt from disclosure, the public body may elect
11to redact the information that is exempt. The public body
12shall make the remaining information available for inspection
13and copying. Subject to this requirement, the following shall
14be exempt from inspection and copying:
15        (a) Information specifically prohibited from
16    disclosure by federal or State law or rules and
17    regulations implementing federal or State law.
18        (b) Private information, unless disclosure is required
19    by another provision of this Act, a State or federal law,
20    or a court order.
21        (b-5) Files, documents, and other data or databases
22    maintained by one or more law enforcement agencies and
23    specifically designed to provide information to one or
24    more law enforcement agencies regarding the physical or

 

 

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1    mental status of one or more individual subjects.
2        (c) Personal information contained within public
3    records, the disclosure of which would constitute a
4    clearly unwarranted invasion of personal privacy, unless
5    the disclosure is consented to in writing by the
6    individual subjects of the information. "Unwarranted
7    invasion of personal privacy" means the disclosure of
8    information that is highly personal or objectionable to a
9    reasonable person and in which the subject's right to
10    privacy outweighs any legitimate public interest in
11    obtaining the information. The disclosure of information
12    that bears on the public duties of public employees and
13    officials shall not be considered an invasion of personal
14    privacy.
15        (d) Records in the possession of any public body
16    created in the course of administrative enforcement
17    proceedings, and any law enforcement or correctional
18    agency for law enforcement purposes, but only to the
19    extent that disclosure would:
20            (i) interfere with pending or actually and
21        reasonably contemplated law enforcement proceedings
22        conducted by any law enforcement or correctional
23        agency that is the recipient of the request;
24            (ii) interfere with active administrative
25        enforcement proceedings conducted by the public body
26        that is the recipient of the request;

 

 

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1            (iii) create a substantial likelihood that a
2        person will be deprived of a fair trial or an impartial
3        hearing;
4            (iv) unavoidably disclose the identity of a
5        confidential source, confidential information
6        furnished only by the confidential source, or persons
7        who file complaints with or provide information to
8        administrative, investigative, law enforcement, or
9        penal agencies; except that the identities of
10        witnesses to traffic crashes, traffic crash reports,
11        and rescue reports shall be provided by agencies of
12        local government, except when disclosure would
13        interfere with an active criminal investigation
14        conducted by the agency that is the recipient of the
15        request;
16            (v) disclose unique or specialized investigative
17        techniques other than those generally used and known
18        or disclose internal documents of correctional
19        agencies related to detection, observation, or
20        investigation of incidents of crime or misconduct, and
21        disclosure would result in demonstrable harm to the
22        agency or public body that is the recipient of the
23        request;
24            (vi) endanger the life or physical safety of law
25        enforcement personnel or any other person; or
26            (vii) obstruct an ongoing criminal investigation

 

 

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1        by the agency that is the recipient of the request.
2        (d-5) A law enforcement record created for law
3    enforcement purposes and contained in a shared electronic
4    record management system if the law enforcement agency
5    that is the recipient of the request did not create the
6    record, did not participate in or have a role in any of the
7    events which are the subject of the record, and only has
8    access to the record through the shared electronic record
9    management system.
10        (d-6) Records contained in the Officer Professional
11    Conduct Database under Section 9.2 of the Illinois Police
12    Training Act, except to the extent authorized under that
13    Section. This includes the documents supplied to the
14    Illinois Law Enforcement Training Standards Board from the
15    Illinois State Police and Illinois State Police Merit
16    Board.
17        (d-7) Information gathered or records created from the
18    use of automatic license plate readers in connection with
19    Section 2-130 of the Illinois Vehicle Code.
20        (e) Records that relate to or affect the security of
21    correctional institutions and detention facilities.
22        (e-5) Records requested by persons committed to the
23    Department of Corrections, Department of Human Services
24    Division of Mental Health, or a county jail if those
25    materials are available in the library of the correctional
26    institution or facility or jail where the inmate is

 

 

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1    confined.
2        (e-6) Records requested by persons committed to the
3    Department of Corrections, Department of Human Services
4    Division of Mental Health, or a county jail if those
5    materials include records from staff members' personnel
6    files, staff rosters, or other staffing assignment
7    information.
8        (e-7) Records requested by persons committed to the
9    Department of Corrections or Department of Human Services
10    Division of Mental Health if those materials are available
11    through an administrative request to the Department of
12    Corrections or Department of Human Services Division of
13    Mental Health.
14        (e-8) Records requested by a person committed to the
15    Department of Corrections, Department of Human Services
16    Division of Mental Health, or a county jail, the
17    disclosure of which would result in the risk of harm to any
18    person or the risk of an escape from a jail or correctional
19    institution or facility.
20        (e-9) Records requested by a person in a county jail
21    or committed to the Department of Corrections or
22    Department of Human Services Division of Mental Health,
23    containing personal information pertaining to the person's
24    victim or the victim's family, including, but not limited
25    to, a victim's home address, home telephone number, work
26    or school address, work telephone number, social security

 

 

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1    number, or any other identifying information, except as
2    may be relevant to a requester's current or potential case
3    or claim.
4        (e-10) Law enforcement records of other persons
5    requested by a person committed to the Department of
6    Corrections, Department of Human Services Division of
7    Mental Health, or a county jail, including, but not
8    limited to, arrest and booking records, mug shots, and
9    crime scene photographs, except as these records may be
10    relevant to the requester's current or potential case or
11    claim.
12        (f) Preliminary drafts, notes, recommendations,
13    memoranda, and other records in which opinions are
14    expressed, or policies or actions are formulated, except
15    that a specific record or relevant portion of a record
16    shall not be exempt when the record is publicly cited and
17    identified by the head of the public body. The exemption
18    provided in this paragraph (f) extends to all those
19    records of officers and agencies of the General Assembly
20    that pertain to the preparation of legislative documents.
21        (g) Trade secrets and commercial or financial
22    information obtained from a person or business where the
23    trade secrets or commercial or financial information are
24    furnished under a claim that they are proprietary,
25    privileged, or confidential, and that disclosure of the
26    trade secrets or commercial or financial information would

 

 

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1    cause competitive harm to the person or business, and only
2    insofar as the claim directly applies to the records
3    requested.
4        The information included under this exemption includes
5    all trade secrets and commercial or financial information
6    obtained by a public body, including a public pension
7    fund, from a private equity fund or a privately held
8    company within the investment portfolio of a private
9    equity fund as a result of either investing or evaluating
10    a potential investment of public funds in a private equity
11    fund. The exemption contained in this item does not apply
12    to the aggregate financial performance information of a
13    private equity fund, nor to the identity of the fund's
14    managers or general partners. The exemption contained in
15    this item does not apply to the identity of a privately
16    held company within the investment portfolio of a private
17    equity fund, unless the disclosure of the identity of a
18    privately held company may cause competitive harm.
19        Nothing contained in this paragraph (g) shall be
20    construed to prevent a person or business from consenting
21    to disclosure.
22        (h) Proposals and bids for any contract, grant, or
23    agreement, including information which if it were
24    disclosed would frustrate procurement or give an advantage
25    to any person proposing to enter into a contractor
26    agreement with the body, until an award or final selection

 

 

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1    is made. Information prepared by or for the body in
2    preparation of a bid solicitation shall be exempt until an
3    award or final selection is made.
4        (i) Valuable formulae, computer geographic systems,
5    designs, drawings, and research data obtained or produced
6    by any public body when disclosure could reasonably be
7    expected to produce private gain or public loss. The
8    exemption for "computer geographic systems" provided in
9    this paragraph (i) does not extend to requests made by
10    news media as defined in Section 2 of this Act when the
11    requested information is not otherwise exempt and the only
12    purpose of the request is to access and disseminate
13    information regarding the health, safety, welfare, or
14    legal rights of the general public.
15        (j) The following information pertaining to
16    educational matters:
17            (i) test questions, scoring keys, and other
18        examination data used to administer an academic
19        examination;
20            (ii) information received by a primary or
21        secondary school, college, or university under its
22        procedures for the evaluation of faculty members by
23        their academic peers;
24            (iii) information concerning a school or
25        university's adjudication of student disciplinary
26        cases, but only to the extent that disclosure would

 

 

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1        unavoidably reveal the identity of the student; and
2            (iv) course materials or research materials used
3        by faculty members.
4        (k) Architects' plans, engineers' technical
5    submissions, and other construction related technical
6    documents for projects not constructed or developed in
7    whole or in part with public funds and the same for
8    projects constructed or developed with public funds,
9    including, but not limited to, power generating and
10    distribution stations and other transmission and
11    distribution facilities, water treatment facilities,
12    airport facilities, sport stadiums, convention centers,
13    and all government owned, operated, or occupied buildings,
14    but only to the extent that disclosure would compromise
15    security.
16        (l) Minutes of meetings of public bodies closed to the
17    public as provided in the Open Meetings Act until the
18    public body makes the minutes available to the public
19    under Section 2.06 of the Open Meetings Act.
20        (m) Communications between a public body and an
21    attorney or auditor representing the public body that
22    would not be subject to discovery in litigation, and
23    materials prepared or compiled by or for a public body in
24    anticipation of a criminal, civil, or administrative
25    proceeding upon the request of an attorney advising the
26    public body, and materials prepared or compiled with

 

 

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1    respect to internal audits of public bodies.
2        (n) Records relating to a public body's adjudication
3    of employee grievances or disciplinary cases; however,
4    this exemption shall not extend to the final outcome of
5    cases in which discipline is imposed.
6        (o) Administrative or technical information associated
7    with automated data processing operations, including, but
8    not limited to, software, operating protocols, computer
9    program abstracts, file layouts, source listings, object
10    modules, load modules, user guides, documentation
11    pertaining to all logical and physical design of
12    computerized systems, employee manuals, and any other
13    information that, if disclosed, would jeopardize the
14    security of the system or its data or the security of
15    materials exempt under this Section.
16        (p) Records relating to collective negotiating matters
17    between public bodies and their employees or
18    representatives, except that any final contract or
19    agreement shall be subject to inspection and copying.
20        (q) Test questions, scoring keys, and other
21    examination data used to determine the qualifications of
22    an applicant for a license or employment.
23        (r) The records, documents, and information relating
24    to real estate purchase negotiations until those
25    negotiations have been completed or otherwise terminated.
26    With regard to a parcel involved in a pending or actually

 

 

HB4844 Engrossed- 21 -LRB103 39009 AMC 69146 b

1    and reasonably contemplated eminent domain proceeding
2    under the Eminent Domain Act, records, documents, and
3    information relating to that parcel shall be exempt except
4    as may be allowed under discovery rules adopted by the
5    Illinois Supreme Court. The records, documents, and
6    information relating to a real estate sale shall be exempt
7    until a sale is consummated.
8        (s) Any and all proprietary information and records
9    related to the operation of an intergovernmental risk
10    management association or self-insurance pool or jointly
11    self-administered health and accident cooperative or pool.
12    Insurance or self-insurance (including any
13    intergovernmental risk management association or
14    self-insurance pool) claims, loss or risk management
15    information, records, data, advice, or communications.
16        (t) Information contained in or related to
17    examination, operating, or condition reports prepared by,
18    on behalf of, or for the use of a public body responsible
19    for the regulation or supervision of financial
20    institutions, insurance companies, or pharmacy benefit
21    managers, unless disclosure is otherwise required by State
22    law.
23        (u) Information that would disclose or might lead to
24    the disclosure of secret or confidential information,
25    codes, algorithms, programs, or private keys intended to
26    be used to create electronic signatures under the Uniform

 

 

HB4844 Engrossed- 22 -LRB103 39009 AMC 69146 b

1    Electronic Transactions Act.
2        (v) Vulnerability assessments, security measures, and
3    response policies or plans that are designed to identify,
4    prevent, or respond to potential attacks upon a
5    community's population or systems, facilities, or
6    installations, but only to the extent that disclosure
7    could reasonably be expected to expose the vulnerability
8    or jeopardize the effectiveness of the measures, policies,
9    or plans, or the safety of the personnel who implement
10    them or the public. Information exempt under this item may
11    include such things as details pertaining to the
12    mobilization or deployment of personnel or equipment, to
13    the operation of communication systems or protocols, to
14    cybersecurity vulnerabilities, or to tactical operations.
15        (w) (Blank).
16        (x) Maps and other records regarding the location or
17    security of generation, transmission, distribution,
18    storage, gathering, treatment, or switching facilities
19    owned by a utility, by a power generator, or by the
20    Illinois Power Agency.
21        (y) Information contained in or related to proposals,
22    bids, or negotiations related to electric power
23    procurement under Section 1-75 of the Illinois Power
24    Agency Act and Section 16-111.5 of the Public Utilities
25    Act that is determined to be confidential and proprietary
26    by the Illinois Power Agency or by the Illinois Commerce

 

 

HB4844 Engrossed- 23 -LRB103 39009 AMC 69146 b

1    Commission.
2        (z) Information about students exempted from
3    disclosure under Section 10-20.38 or 34-18.29 of the
4    School Code, and information about undergraduate students
5    enrolled at an institution of higher education exempted
6    from disclosure under Section 25 of the Illinois Credit
7    Card Marketing Act of 2009.
8        (aa) Information the disclosure of which is exempted
9    under the Viatical Settlements Act of 2009.
10        (bb) Records and information provided to a mortality
11    review team and records maintained by a mortality review
12    team appointed under the Department of Juvenile Justice
13    Mortality Review Team Act.
14        (cc) Information regarding interments, entombments, or
15    inurnments of human remains that are submitted to the
16    Cemetery Oversight Database under the Cemetery Care Act or
17    the Cemetery Oversight Act, whichever is applicable.
18        (dd) Correspondence and records (i) that may not be
19    disclosed under Section 11-9 of the Illinois Public Aid
20    Code or (ii) that pertain to appeals under Section 11-8 of
21    the Illinois Public Aid Code.
22        (ee) The names, addresses, or other personal
23    information of persons who are minors and are also
24    participants and registrants in programs of park
25    districts, forest preserve districts, conservation
26    districts, recreation agencies, and special recreation

 

 

HB4844 Engrossed- 24 -LRB103 39009 AMC 69146 b

1    associations.
2        (ff) The names, addresses, or other personal
3    information of participants and registrants in programs of
4    park districts, forest preserve districts, conservation
5    districts, recreation agencies, and special recreation
6    associations where such programs are targeted primarily to
7    minors.
8        (gg) Confidential information described in Section
9    1-100 of the Illinois Independent Tax Tribunal Act of
10    2012.
11        (hh) The report submitted to the State Board of
12    Education by the School Security and Standards Task Force
13    under item (8) of subsection (d) of Section 2-3.160 of the
14    School Code and any information contained in that report.
15        (ii) Records requested by persons committed to or
16    detained by the Department of Human Services under the
17    Sexually Violent Persons Commitment Act or committed to
18    the Department of Corrections under the Sexually Dangerous
19    Persons Act if those materials: (i) are available in the
20    library of the facility where the individual is confined;
21    (ii) include records from staff members' personnel files,
22    staff rosters, or other staffing assignment information;
23    or (iii) are available through an administrative request
24    to the Department of Human Services or the Department of
25    Corrections.
26        (jj) Confidential information described in Section

 

 

HB4844 Engrossed- 25 -LRB103 39009 AMC 69146 b

1    5-535 of the Civil Administrative Code of Illinois.
2        (kk) The public body's credit card numbers, debit card
3    numbers, bank account numbers, Federal Employer
4    Identification Number, security code numbers, passwords,
5    and similar account information, the disclosure of which
6    could result in identity theft or impression or defrauding
7    of a governmental entity or a person.
8        (ll) Records concerning the work of the threat
9    assessment team of a school district, including, but not
10    limited to, any threat assessment procedure under the
11    School Safety Drill Act and any information contained in
12    the procedure.
13        (mm) Information prohibited from being disclosed under
14    subsections (a) and (b) of Section 15 of the Student
15    Confidential Reporting Act.
16        (nn) Proprietary information submitted to the
17    Environmental Protection Agency under the Drug Take-Back
18    Act.
19        (oo) Records described in subsection (f) of Section
20    3-5-1 of the Unified Code of Corrections.
21        (pp) Any and all information regarding burials,
22    interments, or entombments of human remains as required to
23    be reported to the Department of Natural Resources
24    pursuant either to the Archaeological and Paleontological
25    Resources Protection Act or the Human Remains Protection
26    Act.

 

 

HB4844 Engrossed- 26 -LRB103 39009 AMC 69146 b

1        (qq) (pp) Reports described in subsection (e) of
2    Section 16-15 of the Abortion Care Clinical Training
3    Program Act.
4        (rr) (pp) Information obtained by a certified local
5    health department under the Access to Public Health Data
6    Act.
7        (ss) (pp) For a request directed to a public body that
8    is also a HIPAA-covered entity, all information that is
9    protected health information, including demographic
10    information, that may be contained within or extracted
11    from any record held by the public body in compliance with
12    State and federal medical privacy laws and regulations,
13    including, but not limited to, the Health Insurance
14    Portability and Accountability Act and its regulations, 45
15    CFR Parts 160 and 164. As used in this paragraph,
16    "HIPAA-covered entity" has the meaning given to the term
17    "covered entity" in 45 CFR 160.103 and "protected health
18    information" has the meaning given to that term in 45 CFR
19    160.103.
20    (1.5) Any information exempt from disclosure under the
21Judicial Privacy Act shall be redacted from public records
22prior to disclosure under this Act.
23    (2) A public record that is not in the possession of a
24public body but is in the possession of a party with whom the
25agency has contracted to perform a governmental function on
26behalf of the public body, and that directly relates to the

 

 

HB4844 Engrossed- 27 -LRB103 39009 AMC 69146 b

1governmental function and is not otherwise exempt under this
2Act, shall be considered a public record of the public body,
3for purposes of this Act.
4    (3) This Section does not authorize withholding of
5information or limit the availability of records to the
6public, except as stated in this Section or otherwise provided
7in this Act.
8(Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21;
9102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff.
101-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982,
11eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23;
12103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff.
138-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; revised
149-7-23.)
 
15    (5 ILCS 140/7.5)
16    (Text of Section before amendment by P.A. 103-472)
17    Sec. 7.5. Statutory exemptions. To the extent provided for
18by the statutes referenced below, the following shall be
19exempt from inspection and copying:
20        (a) All information determined to be confidential
21    under Section 4002 of the Technology Advancement and
22    Development Act.
23        (b) Library circulation and order records identifying
24    library users with specific materials under the Library
25    Records Confidentiality Act.

 

 

HB4844 Engrossed- 28 -LRB103 39009 AMC 69146 b

1        (c) Applications, related documents, and medical
2    records received by the Experimental Organ Transplantation
3    Procedures Board and any and all documents or other
4    records prepared by the Experimental Organ Transplantation
5    Procedures Board or its staff relating to applications it
6    has received.
7        (d) Information and records held by the Department of
8    Public Health and its authorized representatives relating
9    to known or suspected cases of sexually transmissible
10    disease or any information the disclosure of which is
11    restricted under the Illinois Sexually Transmissible
12    Disease Control Act.
13        (e) Information the disclosure of which is exempted
14    under Section 30 of the Radon Industry Licensing Act.
15        (f) Firm performance evaluations under Section 55 of
16    the Architectural, Engineering, and Land Surveying
17    Qualifications Based Selection Act.
18        (g) Information the disclosure of which is restricted
19    and exempted under Section 50 of the Illinois Prepaid
20    Tuition Act.
21        (h) Information the disclosure of which is exempted
22    under the State Officials and Employees Ethics Act, and
23    records of any lawfully created State or local inspector
24    general's office that would be exempt if created or
25    obtained by an Executive Inspector General's office under
26    that Act.

 

 

HB4844 Engrossed- 29 -LRB103 39009 AMC 69146 b

1        (i) Information contained in a local emergency energy
2    plan submitted to a municipality in accordance with a
3    local emergency energy plan ordinance that is adopted
4    under Section 11-21.5-5 of the Illinois Municipal Code.
5        (j) Information and data concerning the distribution
6    of surcharge moneys collected and remitted by carriers
7    under the Emergency Telephone System Act.
8        (k) Law enforcement officer identification information
9    or driver identification information compiled by a law
10    enforcement agency or the Department of Transportation
11    under Section 11-212 of the Illinois Vehicle Code.
12        (l) Records and information provided to a residential
13    health care facility resident sexual assault and death
14    review team or the Executive Council under the Abuse
15    Prevention Review Team Act.
16        (m) Information provided to the predatory lending
17    database created pursuant to Article 3 of the Residential
18    Real Property Disclosure Act, except to the extent
19    authorized under that Article.
20        (n) Defense budgets and petitions for certification of
21    compensation and expenses for court appointed trial
22    counsel as provided under Sections 10 and 15 of the
23    Capital Crimes Litigation Act (repealed). This subsection
24    (n) shall apply until the conclusion of the trial of the
25    case, even if the prosecution chooses not to pursue the
26    death penalty prior to trial or sentencing.

 

 

HB4844 Engrossed- 30 -LRB103 39009 AMC 69146 b

1        (o) Information that is prohibited from being
2    disclosed under Section 4 of the Illinois Health and
3    Hazardous Substances Registry Act.
4        (p) Security portions of system safety program plans,
5    investigation reports, surveys, schedules, lists, data, or
6    information compiled, collected, or prepared by or for the
7    Department of Transportation under Sections 2705-300 and
8    2705-616 of the Department of Transportation Law of the
9    Civil Administrative Code of Illinois, the Regional
10    Transportation Authority under Section 2.11 of the
11    Regional Transportation Authority Act, or the St. Clair
12    County Transit District under the Bi-State Transit Safety
13    Act (repealed).
14        (q) Information prohibited from being disclosed by the
15    Personnel Record Review Act.
16        (r) Information prohibited from being disclosed by the
17    Illinois School Student Records Act.
18        (s) Information the disclosure of which is restricted
19    under Section 5-108 of the Public Utilities Act.
20        (t) (Blank).
21        (u) Records and information provided to an independent
22    team of experts under the Developmental Disability and
23    Mental Health Safety Act (also known as Brian's Law).
24        (v) Names and information of people who have applied
25    for or received Firearm Owner's Identification Cards under
26    the Firearm Owners Identification Card Act or applied for

 

 

HB4844 Engrossed- 31 -LRB103 39009 AMC 69146 b

1    or received a concealed carry license under the Firearm
2    Concealed Carry Act, unless otherwise authorized by the
3    Firearm Concealed Carry Act; and databases under the
4    Firearm Concealed Carry Act, records of the Concealed
5    Carry Licensing Review Board under the Firearm Concealed
6    Carry Act, and law enforcement agency objections under the
7    Firearm Concealed Carry Act.
8        (v-5) Records of the Firearm Owner's Identification
9    Card Review Board that are exempted from disclosure under
10    Section 10 of the Firearm Owners Identification Card Act.
11        (w) Personally identifiable information which is
12    exempted from disclosure under subsection (g) of Section
13    19.1 of the Toll Highway Act.
14        (x) Information which is exempted from disclosure
15    under Section 5-1014.3 of the Counties Code or Section
16    8-11-21 of the Illinois Municipal Code.
17        (y) Confidential information under the Adult
18    Protective Services Act and its predecessor enabling
19    statute, the Elder Abuse and Neglect Act, including
20    information about the identity and administrative finding
21    against any caregiver of a verified and substantiated
22    decision of abuse, neglect, or financial exploitation of
23    an eligible adult maintained in the Registry established
24    under Section 7.5 of the Adult Protective Services Act.
25        (z) Records and information provided to a fatality
26    review team or the Illinois Fatality Review Team Advisory

 

 

HB4844 Engrossed- 32 -LRB103 39009 AMC 69146 b

1    Council under Section 15 of the Adult Protective Services
2    Act.
3        (aa) Information which is exempted from disclosure
4    under Section 2.37 of the Wildlife Code.
5        (bb) Information which is or was prohibited from
6    disclosure by the Juvenile Court Act of 1987.
7        (cc) Recordings made under the Law Enforcement
8    Officer-Worn Body Camera Act, except to the extent
9    authorized under that Act.
10        (dd) Information that is prohibited from being
11    disclosed under Section 45 of the Condominium and Common
12    Interest Community Ombudsperson Act.
13        (ee) Information that is exempted from disclosure
14    under Section 30.1 of the Pharmacy Practice Act.
15        (ff) Information that is exempted from disclosure
16    under the Revised Uniform Unclaimed Property Act.
17        (gg) Information that is prohibited from being
18    disclosed under Section 7-603.5 of the Illinois Vehicle
19    Code.
20        (hh) Records that are exempt from disclosure under
21    Section 1A-16.7 of the Election Code.
22        (ii) Information which is exempted from disclosure
23    under Section 2505-800 of the Department of Revenue Law of
24    the Civil Administrative Code of Illinois.
25        (jj) Information and reports that are required to be
26    submitted to the Department of Labor by registering day

 

 

HB4844 Engrossed- 33 -LRB103 39009 AMC 69146 b

1    and temporary labor service agencies but are exempt from
2    disclosure under subsection (a-1) of Section 45 of the Day
3    and Temporary Labor Services Act.
4        (kk) Information prohibited from disclosure under the
5    Seizure and Forfeiture Reporting Act.
6        (ll) Information the disclosure of which is restricted
7    and exempted under Section 5-30.8 of the Illinois Public
8    Aid Code.
9        (mm) Records that are exempt from disclosure under
10    Section 4.2 of the Crime Victims Compensation Act.
11        (nn) Information that is exempt from disclosure under
12    Section 70 of the Higher Education Student Assistance Act.
13        (oo) Communications, notes, records, and reports
14    arising out of a peer support counseling session
15    prohibited from disclosure under the First Responders
16    Suicide Prevention Act.
17        (pp) Names and all identifying information relating to
18    an employee of an emergency services provider or law
19    enforcement agency under the First Responders Suicide
20    Prevention Act.
21        (qq) Information and records held by the Department of
22    Public Health and its authorized representatives collected
23    under the Reproductive Health Act.
24        (rr) Information that is exempt from disclosure under
25    the Cannabis Regulation and Tax Act.
26        (ss) Data reported by an employer to the Department of

 

 

HB4844 Engrossed- 34 -LRB103 39009 AMC 69146 b

1    Human Rights pursuant to Section 2-108 of the Illinois
2    Human Rights Act.
3        (tt) Recordings made under the Children's Advocacy
4    Center Act, except to the extent authorized under that
5    Act.
6        (uu) Information that is exempt from disclosure under
7    Section 50 of the Sexual Assault Evidence Submission Act.
8        (vv) Information that is exempt from disclosure under
9    subsections (f) and (j) of Section 5-36 of the Illinois
10    Public Aid Code.
11        (ww) Information that is exempt from disclosure under
12    Section 16.8 of the State Treasurer Act.
13        (xx) Information that is exempt from disclosure or
14    information that shall not be made public under the
15    Illinois Insurance Code.
16        (yy) Information prohibited from being disclosed under
17    the Illinois Educational Labor Relations Act.
18        (zz) Information prohibited from being disclosed under
19    the Illinois Public Labor Relations Act.
20        (aaa) Information prohibited from being disclosed
21    under Section 1-167 of the Illinois Pension Code.
22        (bbb) Information that is prohibited from disclosure
23    by the Illinois Police Training Act and the Illinois State
24    Police Act.
25        (ccc) Records exempt from disclosure under Section
26    2605-304 of the Illinois State Police Law of the Civil

 

 

HB4844 Engrossed- 35 -LRB103 39009 AMC 69146 b

1    Administrative Code of Illinois.
2        (ddd) Information prohibited from being disclosed
3    under Section 35 of the Address Confidentiality for
4    Victims of Domestic Violence, Sexual Assault, Human
5    Trafficking, or Stalking Act.
6        (eee) Information prohibited from being disclosed
7    under subsection (b) of Section 75 of the Domestic
8    Violence Fatality Review Act.
9        (fff) Images from cameras under the Expressway Camera
10    Act. This subsection (fff) is inoperative on and after
11    July 1, 2025.
12        (ggg) Information prohibited from disclosure under
13    paragraph (3) of subsection (a) of Section 14 of the Nurse
14    Agency Licensing Act.
15        (hhh) Information submitted to the Illinois State
16    Police in an affidavit or application for an assault
17    weapon endorsement, assault weapon attachment endorsement,
18    .50 caliber rifle endorsement, or .50 caliber cartridge
19    endorsement under the Firearm Owners Identification Card
20    Act.
21        (iii) Data exempt from disclosure under Section 50 of
22    the School Safety Drill Act.
23        (jjj) (hhh) Information exempt from disclosure under
24    Section 30 of the Insurance Data Security Law.
25        (kkk) (iii) Confidential business information
26    prohibited from disclosure under Section 45 of the Paint

 

 

HB4844 Engrossed- 36 -LRB103 39009 AMC 69146 b

1    Stewardship Act.
2        (lll) (Reserved).
3        (mmm) (iii) Information prohibited from being
4    disclosed under subsection (e) of Section 1-129 of the
5    Illinois Power Agency Act.
6(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
7102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
88-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
9102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
106-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
11eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23;
12revised 1-2-24.)
 
13    (Text of Section after amendment by P.A. 103-472)
14    Sec. 7.5. Statutory exemptions. To the extent provided for
15by the statutes referenced below, the following shall be
16exempt from inspection and copying:
17        (a) All information determined to be confidential
18    under Section 4002 of the Technology Advancement and
19    Development Act.
20        (b) Library circulation and order records identifying
21    library users with specific materials under the Library
22    Records Confidentiality Act.
23        (c) Applications, related documents, and medical
24    records received by the Experimental Organ Transplantation
25    Procedures Board and any and all documents or other

 

 

HB4844 Engrossed- 37 -LRB103 39009 AMC 69146 b

1    records prepared by the Experimental Organ Transplantation
2    Procedures Board or its staff relating to applications it
3    has received.
4        (d) Information and records held by the Department of
5    Public Health and its authorized representatives relating
6    to known or suspected cases of sexually transmissible
7    disease or any information the disclosure of which is
8    restricted under the Illinois Sexually Transmissible
9    Disease Control Act.
10        (e) Information the disclosure of which is exempted
11    under Section 30 of the Radon Industry Licensing Act.
12        (f) Firm performance evaluations under Section 55 of
13    the Architectural, Engineering, and Land Surveying
14    Qualifications Based Selection Act.
15        (g) Information the disclosure of which is restricted
16    and exempted under Section 50 of the Illinois Prepaid
17    Tuition Act.
18        (h) Information the disclosure of which is exempted
19    under the State Officials and Employees Ethics Act, and
20    records of any lawfully created State or local inspector
21    general's office that would be exempt if created or
22    obtained by an Executive Inspector General's office under
23    that Act.
24        (i) Information contained in a local emergency energy
25    plan submitted to a municipality in accordance with a
26    local emergency energy plan ordinance that is adopted

 

 

HB4844 Engrossed- 38 -LRB103 39009 AMC 69146 b

1    under Section 11-21.5-5 of the Illinois Municipal Code.
2        (j) Information and data concerning the distribution
3    of surcharge moneys collected and remitted by carriers
4    under the Emergency Telephone System Act.
5        (k) Law enforcement officer identification information
6    or driver identification information compiled by a law
7    enforcement agency or the Department of Transportation
8    under Section 11-212 of the Illinois Vehicle Code.
9        (l) Records and information provided to a residential
10    health care facility resident sexual assault and death
11    review team or the Executive Council under the Abuse
12    Prevention Review Team Act.
13        (m) Information provided to the predatory lending
14    database created pursuant to Article 3 of the Residential
15    Real Property Disclosure Act, except to the extent
16    authorized under that Article.
17        (n) Defense budgets and petitions for certification of
18    compensation and expenses for court appointed trial
19    counsel as provided under Sections 10 and 15 of the
20    Capital Crimes Litigation Act (repealed). This subsection
21    (n) shall apply until the conclusion of the trial of the
22    case, even if the prosecution chooses not to pursue the
23    death penalty prior to trial or sentencing.
24        (o) Information that is prohibited from being
25    disclosed under Section 4 of the Illinois Health and
26    Hazardous Substances Registry Act.

 

 

HB4844 Engrossed- 39 -LRB103 39009 AMC 69146 b

1        (p) Security portions of system safety program plans,
2    investigation reports, surveys, schedules, lists, data, or
3    information compiled, collected, or prepared by or for the
4    Department of Transportation under Sections 2705-300 and
5    2705-616 of the Department of Transportation Law of the
6    Civil Administrative Code of Illinois, the Regional
7    Transportation Authority under Section 2.11 of the
8    Regional Transportation Authority Act, or the St. Clair
9    County Transit District under the Bi-State Transit Safety
10    Act (repealed).
11        (q) Information prohibited from being disclosed by the
12    Personnel Record Review Act.
13        (r) Information prohibited from being disclosed by the
14    Illinois School Student Records Act.
15        (s) Information the disclosure of which is restricted
16    under Section 5-108 of the Public Utilities Act.
17        (t) (Blank).
18        (u) Records and information provided to an independent
19    team of experts under the Developmental Disability and
20    Mental Health Safety Act (also known as Brian's Law).
21        (v) Names and information of people who have applied
22    for or received Firearm Owner's Identification Cards under
23    the Firearm Owners Identification Card Act or applied for
24    or received a concealed carry license under the Firearm
25    Concealed Carry Act, unless otherwise authorized by the
26    Firearm Concealed Carry Act; and databases under the

 

 

HB4844 Engrossed- 40 -LRB103 39009 AMC 69146 b

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

 

 

HB4844 Engrossed- 41 -LRB103 39009 AMC 69146 b

1    under Section 2.37 of the Wildlife Code.
2        (bb) Information which is or was prohibited from
3    disclosure by the Juvenile Court Act of 1987.
4        (cc) Recordings made under the Law Enforcement
5    Officer-Worn Body Camera Act, except to the extent
6    authorized under that Act.
7        (dd) Information that is prohibited from being
8    disclosed under Section 45 of the Condominium and Common
9    Interest Community Ombudsperson Act.
10        (ee) Information that is exempted from disclosure
11    under Section 30.1 of the Pharmacy Practice Act.
12        (ff) Information that is exempted from disclosure
13    under the Revised Uniform Unclaimed Property Act.
14        (gg) Information that is prohibited from being
15    disclosed under Section 7-603.5 of the Illinois Vehicle
16    Code.
17        (hh) Records that are exempt from disclosure under
18    Section 1A-16.7 of the Election Code.
19        (ii) Information which is exempted from disclosure
20    under Section 2505-800 of the Department of Revenue Law of
21    the Civil Administrative Code of Illinois.
22        (jj) Information and reports that are required to be
23    submitted to the Department of Labor by registering day
24    and temporary labor service agencies but are exempt from
25    disclosure under subsection (a-1) of Section 45 of the Day
26    and Temporary Labor Services Act.

 

 

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

 

 

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

 

 

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1    Victims of Domestic Violence, Sexual Assault, Human
2    Trafficking, or Stalking Act.
3        (eee) Information prohibited from being disclosed
4    under subsection (b) of Section 75 of the Domestic
5    Violence Fatality Review Act.
6        (fff) Images from cameras under the Expressway Camera
7    Act. This subsection (fff) is inoperative on and after
8    July 1, 2025.
9        (ggg) Information prohibited from disclosure under
10    paragraph (3) of subsection (a) of Section 14 of the Nurse
11    Agency Licensing Act.
12        (hhh) Information submitted to the Illinois State
13    Police in an affidavit or application for an assault
14    weapon endorsement, assault weapon attachment endorsement,
15    .50 caliber rifle endorsement, or .50 caliber cartridge
16    endorsement under the Firearm Owners Identification Card
17    Act.
18        (iii) Data exempt from disclosure under Section 50 of
19    the School Safety Drill Act.
20        (jjj) (hhh) Information exempt from disclosure under
21    Section 30 of the Insurance Data Security Law.
22        (kkk) (iii) Confidential business information
23    prohibited from disclosure under Section 45 of the Paint
24    Stewardship Act.
25        (lll) (iii) Data exempt from disclosure under Section
26    2-3.196 of the School Code.

 

 

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1        (mmm) (iii) Information prohibited from being
2    disclosed under subsection (e) of Section 1-129 of the
3    Illinois Power Agency Act.
4(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
5102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
68-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
7102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
86-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
9eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;
10103-580, eff. 12-8-23; revised 1-2-24.)
 
11    Section 20. The Consular Identification Document Act is
12amended by changing Section 10 as follows:
 
13    (5 ILCS 230/10)
14    (Text of Section before amendment by P.A. 103-210)
15    Sec. 10. Acceptance of consular identification document.
16    (a) When requiring members of the public to provide
17identification, each State agency and officer and unit of
18local government shall accept a consular identification
19document as valid identification of a person.
20    (b) A consular identification document shall be accepted
21for purposes of identification only and does not convey an
22independent right to receive benefits of any type.
23    (c) A consular identification document may not be accepted
24as identification for obtaining a driver's license, other than

 

 

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1a temporary visitor's driver's license, or registering to
2vote.
3    (d) A consular identification document does not establish
4or indicate lawful U.S. immigration status and may not be
5viewed as valid for that purpose, nor does a consular
6identification document establish a foreign national's right
7to be in the United States or remain in the United States.
8    (e) The requirements of subsection (a) do not apply if:
9        (1) a federal law, regulation, or directive or a
10    federal court decision requires a State agency or officer
11    or a unit of local government to obtain different
12    identification;
13        (2) a federal law, regulation, or directive preempts
14    state regulation of identification requirements; or
15        (3) a State agency or officer or a unit of local
16    government would be unable to comply with a condition
17    imposed by a funding source which would cause the State
18    agency or officer or unit of local government to lose
19    funds from that source.
20    (f) Nothing in subsection (a) shall be construed to
21prohibit a State agency or officer or a unit of local
22government from:
23        (1) requiring additional information from persons in
24    order to verify a current address or other facts that
25    would enable the State agency or officer or unit of local
26    government to fulfill its responsibilities, except that

 

 

HB4844 Engrossed- 47 -LRB103 39009 AMC 69146 b

1    this paragraph (1) does not permit a State agency or
2    officer or a unit of local government to require
3    additional information solely in order to establish
4    identification of the person when the consular
5    identification document is the form of identification
6    presented;
7        (2) requiring fingerprints for identification purposes
8    under circumstances where the State agency or officer or
9    unit of local government also requires fingerprints from
10    persons who have a driver's license or Illinois
11    Identification Card; or
12        (3) requiring additional evidence of identification if
13    the State agency or officer or unit of local government
14    reasonably believes that: (A) the consular identification
15    document is forged, fraudulent, or altered; or (B) the
16    holder does not appear to be the same person on the
17    consular identification document.
18(Source: P.A. 97-1157, eff. 11-28-13.)
 
19    (Text of Section after amendment by P.A. 103-210)
20    Sec. 10. Acceptance of consular identification document.
21    (a) When requiring members of the public to provide
22identification, each State agency and officer and unit of
23local government shall accept a consular identification
24document as valid identification of a person.
25    (b) A consular identification document shall be accepted

 

 

HB4844 Engrossed- 48 -LRB103 39009 AMC 69146 b

1for purposes of identification only and does not convey an
2independent right to receive benefits of any type.
3    (c) A consular identification document may not be accepted
4as identification for obtaining a REAL ID compliant driver's
5license, as defined by Section 6-100 of the Illinois Vehicle
6Code, or registering to vote.
7    (d) A consular identification document does not establish
8or indicate lawful U.S. immigration status and may not be
9viewed as valid for that purpose, nor does a consular
10identification document establish a foreign national's right
11to be in the United States or remain in the United States.
12    (e) The requirements of subsection (a) do not apply if:
13        (1) a federal law, regulation, or directive or a
14    federal court decision requires a State agency or officer
15    or a unit of local government to obtain different
16    identification;
17        (2) a federal law, regulation, or directive preempts
18    state regulation of identification requirements; or
19        (3) a State agency or officer or a unit of local
20    government would be unable to comply with a condition
21    imposed by a funding source which would cause the State
22    agency or officer or unit of local government to lose
23    funds from that source.
24    (f) Nothing in subsection (a) shall be construed to
25prohibit a State agency or officer or a unit of local
26government from:

 

 

HB4844 Engrossed- 49 -LRB103 39009 AMC 69146 b

1        (1) requiring additional information from persons in
2    order to verify a current address or other facts that
3    would enable the State agency or officer or unit of local
4    government to fulfill its responsibilities, except that
5    this paragraph (1) does not permit a State agency or
6    officer or a unit of local government to require
7    additional information solely in order to establish
8    identification of the person when the consular
9    identification document is the form of identification
10    presented;
11        (2) requiring fingerprints for identification purposes
12    under circumstances where the State agency or officer or
13    unit of local government also requires fingerprints from
14    persons who have a driver's license or Illinois
15    Identification Card; or
16        (3) requiring additional evidence of identification if
17    the State agency or officer or unit of local government
18    reasonably believes that: (A) the consular identification
19    document is forged, fraudulent, or altered; or (B) the
20    holder does not appear to be the same person on the
21    consular identification document.
22(Source: P.A. 103-210, eff. 7-1-24; revised 9-25-23.)
 
23    Section 25. The State Employees Group Insurance Act of
241971 is amended by changing Section 6.11 as follows:
 

 

 

HB4844 Engrossed- 50 -LRB103 39009 AMC 69146 b

1    (5 ILCS 375/6.11)
2    Sec. 6.11. Required health benefits; Illinois Insurance
3Code requirements. The program of health benefits shall
4provide the post-mastectomy care benefits required to be
5covered by a policy of accident and health insurance under
6Section 356t of the Illinois Insurance Code. The program of
7health benefits shall provide the coverage required under
8Sections 356g, 356g.5, 356g.5-1, 356m, 356q, 356u, 356w, 356x,
9356z.2, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10,
10356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.22,
11356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33,
12356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.51,
13356z.53, 356z.54, 356z.55, 356z.56, 356z.57, 356z.59, 356z.60,
14and 356z.61, and 356z.62, 356z.64, 356z.67, 356z.68, and
15356z.70 of the Illinois Insurance Code. The program of health
16benefits must comply with Sections 155.22a, 155.37, 355b,
17356z.19, 370c, and 370c.1 and Article XXXIIB of the Illinois
18Insurance Code. The program of health benefits shall provide
19the coverage required under Section 356m of the Illinois
20Insurance Code and, for the employees of the State Employee
21Group Insurance Program only, the coverage as also provided in
22Section 6.11B of this Act. The Department of Insurance shall
23enforce the requirements of this Section with respect to
24Sections 370c and 370c.1 of the Illinois Insurance Code; all
25other requirements of this Section shall be enforced by the
26Department of Central Management Services.

 

 

HB4844 Engrossed- 51 -LRB103 39009 AMC 69146 b

1    Rulemaking authority to implement Public Act 95-1045, if
2any, is conditioned on the rules being adopted in accordance
3with all provisions of the Illinois Administrative Procedure
4Act and all rules and procedures of the Joint Committee on
5Administrative Rules; any purported rule not so adopted, for
6whatever reason, is unauthorized.
7(Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22;
8102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-642, eff.
91-1-22; 102-665, eff. 10-8-21; 102-731, eff. 1-1-23; 102-768,
10eff. 1-1-24; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22;
11102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff.
121-1-23; 102-1117, eff. 1-13-23; 103-8, eff. 1-1-24; 103-84,
13eff. 1-1-24; 103-91, eff. 1-1-24; 103-420, eff. 1-1-24;
14103-445, eff. 1-1-24; 103-535, eff. 8-11-23; 103-551, eff.
158-11-23; revised 8-29-23.)
 
16    Section 30. The Seizure and Forfeiture Reporting Act is
17amended by changing Section 5 as follows:
 
18    (5 ILCS 810/5)
19    Sec. 5. Applicability. This Act is applicable to property
20seized or forfeited under the following provisions of law:
21        (1) Section 3.23 of the Illinois Food, Drug and
22    Cosmetic Act;
23        (2) Section 44.1 of the Environmental Protection Act;
24        (3) Section 105-55 of the Herptiles-Herps Act;

 

 

HB4844 Engrossed- 52 -LRB103 39009 AMC 69146 b

1        (4) Section 1-215 of the Fish and Aquatic Life Code;
2        (5) Section 1.25 of the Wildlife Code;
3        (6) Section 17-10.6 of the Criminal Code of 2012
4    (financial institution fraud);
5        (7) Section 28-5 of the Criminal Code of 2012
6    (gambling);
7        (8) Article 29B of the Criminal Code of 2012 (money
8    laundering);
9        (9) Article 33G of the Criminal Code of 2012 (Illinois
10    Street Gang and Racketeer Influenced And Corrupt
11    Organizations Law);
12        (10) Article 36 of the Criminal Code of 2012 (seizure
13    and forfeiture of vessels, vehicles, and aircraft);
14        (11) Section 47-15 of the Criminal Code of 2012
15    (dumping garbage upon real property);
16        (12) Article 124B of the Code of Criminal Procedure of
17    1963 (forfeiture);
18        (13) the Drug Asset Forfeiture Procedure Act;
19        (14) the Narcotics Profit Forfeiture Act;
20        (15) the Illinois Streetgang Terrorism Omnibus
21    Prevention Act;
22        (16) the Illinois Securities Law of 1953; and
23        (17) the Archaeological and Paleontological Resources
24    Protection Act; and
25        (18) the Human Remains Protection Act; and .
26        (19) (17) Section 16 of the Timber Buyers Licensing

 

 

HB4844 Engrossed- 53 -LRB103 39009 AMC 69146 b

1    Act.
2(Source: P.A. 102-558, eff. 8-20-21; 103-218, eff. 1-1-24;
3103-446, eff. 8-4-23; revised 12-12-23.)
 
4    Section 32. The First Responders Suicide Prevention Act is
5amended by changing Section 40 as follows:
 
6    (5 ILCS 840/40)
7    Sec. 40. Task Force recommendations.
8    (a) Task Force members shall recommend that agencies and
9organizations guarantee access to mental health and wellness
10services, including, but not limited to, peer support programs
11and providing ongoing education related to the ever-evolving
12concept of mental health wellness. These recommendations could
13be accomplished by:
14        (1) Revising agencies' and organizations' employee
15    assistance programs (EAPs).
16        (2) Urging health care providers to replace outdated
17    healthcare plans and include more progressive options
18    catering to the needs and disproportionate risks
19    shouldered by our first responders.
20        (3) Allocating funding or resources for public service
21    announcements (PSA) and messaging campaigns aimed at
22    raising awareness of available assistance options.
23        (4) Encouraging agencies and organizations to attach
24    lists of all available resources to training manuals and

 

 

HB4844 Engrossed- 54 -LRB103 39009 AMC 69146 b

1    continuing education requirements.
2    (b) Task Force members shall recommend agencies and
3organizations sponsor or facilitate first responders with
4specialized training in the areas of psychological fitness,
5depressive disorders, early detection, and mitigation best
6practices. Such trainings could be accomplished by:
7        (1) Assigning, appointing, or designating one member
8    of an agency or organization to attend specialized
9    training(s) sponsored by an accredited agency,
10    association, or organization recognized in their fields of
11    study.
12        (2) Seeking sponsorships or conducting fund-raisers,
13    to host annual or semiannual on-site visits from qualified
14    clinicians or physicians to provide early detection
15    training techniques, or to provide regular access to
16    mental health professionals.
17        (3) Requiring a minimum number of hours of disorders
18    and wellness training be incorporated into reoccurring,
19    annual or biannual training standards, examinations, and
20    curriculums, taking into close consideration respective
21    agency or organization size, frequency, and number of all
22    current federal and state mandatory examinations and
23    trainings expected respectively.
24        (4) Not underestimating the crucial importance of a
25    balanced diet, sleep, mindfulness-based stress reduction
26    techniques, moderate and vigorous intensity activities,

 

 

HB4844 Engrossed- 55 -LRB103 39009 AMC 69146 b

1    and recreational hobbies, which have been scientifically
2    proven to play a major role in brain health and mental
3    wellness.
4    (c) Task Force members shall recommend that administrators
5and leadership personnel solicit training services from
6evidence-based, data driven organizations. Organizations with
7personnel trained on the analytical review and interpretation
8of specific fields related to the nature of first responders'
9exploits, such as PTSD, substance abuse, chronic state of
10duress. Task Force members shall further recommend funding for
11expansion and messaging campaigns of preliminary
12self-diagnosing technologies like the one described above.
13These objectives could be met by:
14        (1) Contacting an accredited agency, association, or
15    organization recognized in the field or fields of specific
16    study. Unbeknownst to the majority, many of the agencies
17    and organizations listed above receive grants and
18    allocations to assist communities with the very issues
19    being discussed in this Section.
20        (2) Normalizing help-seeking behaviors for both first
21    responders and their families through regular messaging
22    and peer support outreach, beginning with academy
23    curricula and continuing education throughout individuals'
24    careers.
25        (3) Funding and implementing PSA campaigns that
26    provide clear and concise calls to action about mental

 

 

HB4844 Engrossed- 56 -LRB103 39009 AMC 69146 b

1    health and wellness, resiliency, help-seeking, treatment,
2    and recovery.
3        (4) Promoting and raising awareness of not-for-profit
4    organizations currently available to assist individuals in
5    search of care and treatment. Organizations have intuitive
6    user-friendly sites, most of which have mobile
7    applications, so first responders can access at a moment's
8    notice. However, because of limited funds, these
9    organizations have a challenging time of getting the word
10    out there about their existence.
11        (5) Expanding Family and Medical Leave Act protections
12    for individuals voluntarily seeking preventative
13    treatment.
14        (6) Promoting and ensuring complete patient
15    confidentiality protections.
16    (d) Task Force members shall recommend that agencies and
17organizations incorporate the following training components
18into already existing modules and educational curriculums.
19Doing so could be done by:
20        (1) Bolstering academy and school curricula by
21    requiring depressive disorder training catered to PTSD,
22    substance abuse, and early detection techniques training,
23    taking into close consideration respective agency or
24    organization size, and the frequency and number of all
25    current federal and state mandatory examinations and
26    trainings expected respectively.

 

 

HB4844 Engrossed- 57 -LRB103 39009 AMC 69146 b

1        (2) Continuing to allocate or match federal and state
2    funds to maintain Mobile Training Units (MTUs).
3        (3) Incorporating a state certificate for peer support
4    training into already existing exiting statewide
5    curriculums and mandatory examinations, annual State Fire
6    Marshal examinations, and physical fitness examinations.
7    The subject matter of the certificate should have an
8    emphasis on mental health and wellness, as well as
9    familiarization with topics ranging from clinical social
10    work, clinical psychology, clinical behaviorist, and
11    clinical psychiatry.
12        (4) Incorporating and performing statewide mental
13    health check-ins during the same times as already mandated
14    trainings. These checks are not to be compared or used as
15    measures of fitness for duty evaluations or structured
16    psychological examinations.
17        (5) Recommending comprehensive and evidence-based
18    training on the importance of preventative measures on the
19    topics of sleep, nutrition, mindfulness, and physical
20    movement.
21        (6) Law enforcement agencies should provide training
22    on the Firearm Owner's Identification Card Act, including
23    seeking relief from the Illinois State Police under
24    Section 10 of the Firearm Owners Identification Card Act
25    and a FOID card being a continued condition of employment
26    under Section 7.2 of the Uniform Peace Officers'

 

 

HB4844 Engrossed- 58 -LRB103 39009 AMC 69146 b

1    Disciplinary Act.
2(Source: P.A. 102-352, eff. 6-1-22; 103-154, eff. 6-30-23;
3revised 1-20-24.)
 
4    Section 35. The Election Code is amended by changing
5Sections 1A-8, 1A-16.1, and 24B-9.1 as follows:
 
6    (10 ILCS 5/1A-8)  (from Ch. 46, par. 1A-8)
7    Sec. 1A-8. The State Board of Elections shall exercise the
8following powers and perform the following duties in addition
9to any powers or duties otherwise provided for by law:
10        (1) Assume all duties and responsibilities of the
11    State Electoral Board and the Secretary of State as
12    heretofore provided in this Code;
13        (2) Disseminate information to and consult with
14    election authorities concerning the conduct of elections
15    and registration in accordance with the laws of this State
16    and the laws of the United States;
17        (3) Furnish to each election authority prior to each
18    primary and general election and any other election it
19    deems necessary, a manual of uniform instructions
20    consistent with the provisions of this Code which shall be
21    used by election authorities in the preparation of the
22    official manual of instruction to be used by the judges of
23    election in any such election. In preparing such manual,
24    the State Board shall consult with representatives of the

 

 

HB4844 Engrossed- 59 -LRB103 39009 AMC 69146 b

1    election authorities throughout the State. The State Board
2    may provide separate portions of the uniform instructions
3    applicable to different election jurisdictions which
4    administer elections under different options provided by
5    law. The State Board may by regulation require particular
6    portions of the uniform instructions to be included in any
7    official manual of instructions published by election
8    authorities. Any manual of instructions published by any
9    election authority shall be identical with the manual of
10    uniform instructions issued by the Board, but may be
11    adapted by the election authority to accommodate special
12    or unusual local election problems, provided that all
13    manuals published by election authorities must be
14    consistent with the provisions of this Code in all
15    respects and must receive the approval of the State Board
16    of Elections prior to publication; provided further that
17    if the State Board does not approve or disapprove of a
18    proposed manual within 60 days of its submission, the
19    manual shall be deemed approved; .
20        (4) Prescribe and require the use of such uniform
21    forms, notices, and other supplies not inconsistent with
22    the provisions of this Code as it shall deem advisable
23    which shall be used by election authorities in the conduct
24    of elections and registrations;
25        (5) Prepare and certify the form of ballot for any
26    proposed amendment to the Constitution of the State of

 

 

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1    Illinois, or any referendum to be submitted to the
2    electors throughout the State or, when required to do so
3    by law, to the voters of any area or unit of local
4    government of the State;
5        (6) Require such statistical reports regarding the
6    conduct of elections and registration from election
7    authorities as may be deemed necessary;
8        (7) Review and inspect procedures and records relating
9    to conduct of elections and registration as may be deemed
10    necessary, and to report violations of election laws to
11    the appropriate State's Attorney or the Attorney General;
12        (8) Recommend to the General Assembly legislation to
13    improve the administration of elections and registration;
14        (9) Adopt, amend or rescind rules and regulations in
15    the performance of its duties provided that all such rules
16    and regulations must be consistent with the provisions of
17    this Article 1A or issued pursuant to authority otherwise
18    provided by law;
19        (10) Determine the validity and sufficiency of
20    petitions filed under Article XIV, Section 3, of the
21    Constitution of the State of Illinois of 1970;
22        (11) Maintain in its principal office a research
23    library that includes, but is not limited to, abstracts of
24    votes by precinct for general primary elections and
25    general elections, current precinct maps, and current
26    precinct poll lists from all election jurisdictions within

 

 

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1    the State. The research library shall be open to the
2    public during regular business hours. Such abstracts,
3    maps, and lists shall be preserved as permanent records
4    and shall be available for examination and copying at a
5    reasonable cost;
6        (12) Supervise the administration of the registration
7    and election laws throughout the State;
8        (13) Obtain from the Department of Central Management
9    Services, under Section 405-250 of the Department of
10    Central Management Services Law (20 ILCS 405/405-250),
11    such use of electronic data processing equipment as may be
12    required to perform the duties of the State Board of
13    Elections and to provide election-related information to
14    candidates, public and party officials, interested civic
15    organizations, and the general public in a timely and
16    efficient manner;
17        (14) To take such action as may be necessary or
18    required to give effect to directions of the national
19    committee or State central committee of an established
20    political party under Sections 7-8, 7-11, and 7-14.1 or
21    such other provisions as may be applicable pertaining to
22    the selection of delegates and alternate delegates to an
23    established political party's national nominating
24    conventions or, notwithstanding any candidate
25    certification schedule contained within this Code, the
26    certification of the Presidential and Vice Presidential

 

 

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1    candidate selected by the established political party's
2    national nominating convention;
3        (15) To post all early voting sites separated by
4    election authority and hours of operation on its website
5    at least 5 business days before the period for early
6    voting begins;
7        (16) To post on its website the statewide totals, and
8    totals separated by each election authority, for each of
9    the counts received pursuant to Section 1-9.2; and
10        (17) To post on its website, in a downloadable format,
11    the information received from each election authority
12    under Section 1-17.
13    The Board may by regulation delegate any of its duties or
14functions under this Article, except that final determinations
15and orders under this Article shall be issued only by the
16Board.
17    The requirement for reporting to the General Assembly
18shall be satisfied by filing copies of the report as required
19by Section 3.1 of the General Assembly Organization Act, and
20filing such additional copies with the State Government Report
21Distribution Center for the General Assembly as is required
22under paragraph (t) of Section 7 of the State Library Act.
23(Source: P.A. 100-623, eff. 7-20-18; 100-863, eff. 8-14-18;
24100-1148, eff. 12-10-18; revised 4-4-23.)
 
25    (10 ILCS 5/1A-16.1)

 

 

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1    (Text of Section before amendment by P.A. 103-210)
2    Sec. 1A-16.1. Automatic voter registration; Secretary of
3State.
4    (a) The Office of the Secretary of State and the State
5Board of Elections, pursuant to an interagency contract and
6jointly adopted jointly-adopted rules, shall establish an
7automatic voter registration program that satisfies the
8requirements of this Section and other applicable law.
9    (b) If an application, an application for renewal, a
10change of address form, or a recertification form for a
11driver's license, other than a temporary visitor's driver's
12license, or a State identification card issued by the Office
13of the Secretary of State meets the requirements of the
14federal REAL ID Act of 2005, then that application shall serve
15as a dual-purpose application. The dual-purpose application
16shall:
17        (1) also serve as an application to register to vote
18    in Illinois;
19        (2) allow an applicant to change his or her registered
20    residence address or name as it appears on the voter
21    registration rolls;
22        (3) provide the applicant with an opportunity to
23    affirmatively decline to register to vote or to change his
24    or her registered residence address or name by providing a
25    check box on the application form without requiring the
26    applicant to state the reason; and

 

 

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1        (4) unless the applicant declines to register to vote
2    or change his or her registered residence address or name,
3    require the applicant to attest, by signature under
4    penalty of perjury as described in subsection (e) of this
5    Section, to meeting the qualifications to register to vote
6    in Illinois at his or her residence address as indicated
7    on his or her driver's license or identification card
8    dual-purpose application.
9    (b-5) If an application, an application for renewal, a
10change of address form, or a recertification form for a
11driver's license, other than a temporary visitor's driver's
12license, or a State identification card issued by the Office
13of the Secretary of State does not meet the requirements of the
14federal REAL ID Act of 2005, then that application shall serve
15as a dual-purpose application. The dual-purpose application
16shall:
17        (1) also serve as an application to register to vote
18    in Illinois;
19        (2) allow an applicant to change his or her registered
20    residence address or name as it appears on the voter
21    registration rolls; and
22        (3) if the applicant chooses to register to vote or to
23    change his or her registered residence address or name,
24    then require the applicant to attest, by a separate
25    signature under penalty of perjury, to meeting the
26    qualifications to register to vote in Illinois at his or

 

 

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1    her residence address as indicated on his or her
2    dual-purpose application.
3    (b-10) The Office of the Secretary of State shall clearly
4and conspicuously inform each applicant in writing: (i) of the
5qualifications to register to vote in Illinois, (ii) of the
6penalties provided by law for submission of a false voter
7registration application, (iii) that, unless the applicant
8declines to register to vote or update his or her voter
9registration, his or her dual-purpose application shall also
10serve as both an application to register to vote and his or her
11attestation that he or she meets the eligibility requirements
12for voter registration, and that his or her application to
13register to vote or update his or her registration will be
14transmitted to the State Board of Elections for the purpose of
15registering the person to vote at the residence address to be
16indicated on his or her driver's license or identification
17card, and (iv) that declining to register to vote is
18confidential and will not affect any services the person may
19be seeking from the Office of the Secretary of State.
20    (c) The Office of the Secretary of State shall review
21information provided to the Office of the Secretary of State
22by the State Board of Elections to inform each applicant for a
23driver's license or permit, other than a temporary visitor's
24driver's license, or a State identification card issued by the
25Office of the Secretary of State whether the applicant is
26currently registered to vote in Illinois and, if registered,

 

 

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1at what address.
2    (d) The Office of the Secretary of State shall not require
3an applicant for a driver's license or State identification
4card to provide duplicate identification or information in
5order to complete an application to register to vote or change
6his or her registered residence address or name. Before
7transmitting any personal information about an applicant to
8the State Board of Elections, the Office of the Secretary of
9State shall review its records of the identification documents
10the applicant provided in order to complete the application
11for a driver's license or State identification card, to
12confirm that nothing in those documents indicates that the
13applicant does not satisfy the qualifications to register to
14vote in Illinois at his or her residence address.
15    (e) A completed, signed application for (i) a driver's
16license or permit, other than a temporary visitor's driver's
17license, or a State identification card issued by the Office
18of the Secretary of State, that meets the requirements of the
19federal REAL ID Act of 2005; or (ii) a completed application
20under subsection (b-5) of this Section with a separate
21signature attesting the applicant meets the qualifications to
22register to vote in Illinois at his or her residence address as
23indicated on his or her application shall constitute a signed
24application to register to vote in Illinois at the residence
25address indicated in the application unless the person
26affirmatively declined in the application to register to vote

 

 

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1or to change his or her registered residence address or name.
2If the identification documents provided to complete the
3dual-purpose application indicate that he or she does not
4satisfy the qualifications to register to vote in Illinois at
5his or her residence address, the application shall be marked
6as incomplete.
7    (f) For each completed and signed application that
8constitutes an application to register to vote in Illinois or
9provides for a change in the applicant's registered residence
10address or name, the Office of the Secretary of State shall
11electronically transmit to the State Board of Elections
12personal information needed to complete the person's
13registration to vote in Illinois at his or her residence
14address. The application to register to vote shall be
15processed in accordance with Section 1A-16.7.
16    (g) If the federal REAL ID Act of 2005 is repealed,
17abrogated, superseded, or otherwise no longer in effect, then
18the State Board of Elections shall establish criteria for
19determining reliable personal information indicating
20citizenship status and shall adopt rules as necessary for the
21Secretary of State to continue processing dual-purpose
22applications under this Section.
23    (h) As used in this Section, "dual-purpose application"
24means an application, an application for renewal, a change of
25address form, or a recertification form for driver's license
26or permit, other than a temporary visitor's driver's license,

 

 

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1or a State identification card offered by the Secretary of
2State that also serves as an application to register to vote in
3Illinois. "Dual-purpose application" does not mean an
4application under subsection (c) of Section 6-109 of the
5Illinois Vehicle Code.
6(Source: P.A. 100-464, eff. 8-28-17; revised 9-20-2023.)
 
7    (Text of Section after amendment by P.A. 103-210)
8    Sec. 1A-16.1. Automatic voter registration; Secretary of
9State.
10    (a) The Office of the Secretary of State and the State
11Board of Elections, pursuant to an interagency contract and
12jointly adopted jointly-adopted rules, shall establish an
13automatic voter registration program that satisfies the
14requirements of this Section and other applicable law.
15    (b) If an application, an application for renewal, a
16change of address form, or a recertification form for a
17driver's license or a State identification card issued by the
18Office of the Secretary of State meets the requirements of the
19federal REAL ID Act of 2005, then that application shall serve
20as a dual-purpose application. The dual-purpose application
21shall:
22        (1) also serve as an application to register to vote
23    in Illinois;
24        (2) allow an applicant to change his or her registered
25    residence address or name as it appears on the voter

 

 

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1    registration rolls;
2        (3) provide the applicant with an opportunity to
3    affirmatively decline to register to vote or to change his
4    or her registered residence address or name by providing a
5    check box on the application form without requiring the
6    applicant to state the reason; and
7        (4) unless the applicant declines to register to vote
8    or change his or her registered residence address or name,
9    require the applicant to attest, by signature under
10    penalty of perjury as described in subsection (e) of this
11    Section, to meeting the qualifications to register to vote
12    in Illinois at his or her residence address as indicated
13    on his or her driver's license or identification card
14    dual-purpose application.
15    (b-5) If an application, an application for renewal, a
16change of address form, or a recertification form for a
17driver's license or a State identification card issued by the
18Office of the Secretary of State, other than an application or
19form that pertains to a standard driver's license or
20identification card and does not list a social security number
21for the applicant, does not meet the requirements of the
22federal REAL ID Act of 2005, then that application shall serve
23as a dual-purpose application. The dual-purpose application
24shall:
25        (1) also serve as an application to register to vote
26    in Illinois;

 

 

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1        (2) allow an applicant to change his or her registered
2    residence address or name as it appears on the voter
3    registration rolls; and
4        (3) if the applicant chooses to register to vote or to
5    change his or her registered residence address or name,
6    then require the applicant to attest, by a separate
7    signature under penalty of perjury, to meeting the
8    qualifications to register to vote in Illinois at his or
9    her residence address as indicated on his or her
10    dual-purpose application.
11    (b-10) The Office of the Secretary of State shall clearly
12and conspicuously inform each applicant in writing: (i) of the
13qualifications to register to vote in Illinois, (ii) of the
14penalties provided by law for submission of a false voter
15registration application, (iii) that, unless the applicant
16declines to register to vote or update his or her voter
17registration, his or her dual-purpose application shall also
18serve as both an application to register to vote and his or her
19attestation that he or she meets the eligibility requirements
20for voter registration, and that his or her application to
21register to vote or update his or her registration will be
22transmitted to the State Board of Elections for the purpose of
23registering the person to vote at the residence address to be
24indicated on his or her driver's license or identification
25card, and (iv) that declining to register to vote is
26confidential and will not affect any services the person may

 

 

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1be seeking from the Office of the Secretary of State.
2    (c) The Office of the Secretary of State shall review
3information provided to the Office of the Secretary of State
4by the State Board of Elections to inform each applicant for a
5driver's license or permit or a State identification card
6issued by the Office of the Secretary of State, other than an
7application or form that pertains to a standard driver's
8license or identification card and does not list a social
9security number for the applicant, whether the applicant is
10currently registered to vote in Illinois and, if registered,
11at what address.
12    (d) The Office of the Secretary of State shall not require
13an applicant for a driver's license or State identification
14card to provide duplicate identification or information in
15order to complete an application to register to vote or change
16his or her registered residence address or name. Before
17transmitting any personal information about an applicant to
18the State Board of Elections, the Office of the Secretary of
19State shall review its records of the identification documents
20the applicant provided in order to complete the application
21for a driver's license or State identification card, to
22confirm that nothing in those documents indicates that the
23applicant does not satisfy the qualifications to register to
24vote in Illinois at his or her residence address.
25    (e) A completed, signed application for (i) a driver's
26license or permit or a State identification card issued by the

 

 

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1Office of the Secretary of State, that meets the requirements
2of the federal REAL ID Act of 2005; or (ii) a completed
3application under subsection (b-5) of this Section with a
4separate signature attesting the applicant meets the
5qualifications to register to vote in Illinois at his or her
6residence address as indicated on his or her application shall
7constitute a signed application to register to vote in
8Illinois at the residence address indicated in the application
9unless the person affirmatively declined in the application to
10register to vote or to change his or her registered residence
11address or name. If the identification documents provided to
12complete the dual-purpose application indicate that he or she
13does not satisfy the qualifications to register to vote in
14Illinois at his or her residence address, the application
15shall be marked as incomplete.
16    (f) For each completed and signed application that
17constitutes an application to register to vote in Illinois or
18provides for a change in the applicant's registered residence
19address or name, the Office of the Secretary of State shall
20electronically transmit to the State Board of Elections
21personal information needed to complete the person's
22registration to vote in Illinois at his or her residence
23address. The application to register to vote shall be
24processed in accordance with Section 1A-16.7.
25    (g) If the federal REAL ID Act of 2005 is repealed,
26abrogated, superseded, or otherwise no longer in effect, then

 

 

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1the State Board of Elections shall establish criteria for
2determining reliable personal information indicating
3citizenship status and shall adopt rules as necessary for the
4Secretary of State to continue processing dual-purpose
5applications under this Section.
6    (h) As used in this Section, "dual-purpose application"
7means an application, an application for renewal, a change of
8address form, or a recertification form for driver's license
9or permit or a State identification card offered by the
10Secretary of State, other than an application or form that
11pertains to a standard driver's license or identification card
12and does not list a social security number for the applicant,
13that also serves as an application to register to vote in
14Illinois. "Dual-purpose application" does not mean an
15application under subsection (c) of Section 6-109 of the
16Illinois Vehicle Code.
17(Source: P.A. 103-210, eff. 7-1-24; revised 9-20-23.)
 
18    (10 ILCS 5/24B-9.1)
19    Sec. 24B-9.1. Examination of votes Votes by electronic
20Electronic Precinct Tabulation Optical Scan Technology
21Scanning Process or other authorized electronic process;
22definition of a vote.
23    (a) Examination of Votes by Electronic Precinct Tabulation
24Optical Scan Technology Scanning Process. Whenever a Precinct
25Tabulation Optical Scan Technology process is used to

 

 

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1automatically examine and count the votes on ballot sheets,
2the provisions of this Section shall apply. A voter shall cast
3a proper vote on a ballot sheet by making a mark, or causing a
4mark to be made, in the designated area for the casting of a
5vote for any party or candidate or for or against any
6proposition. For this purpose, a mark is an intentional
7darkening of the designated area on the ballot, and not an
8identifying mark.
9    (b) For any ballot sheet that does not register a vote for
10one or more ballot positions on the ballot sheet on an
11electronic a Electronic Precinct Tabulation Optical Scan
12Technology Scanning Process, the following shall constitute a
13vote on the ballot sheet:
14        (1) the designated area for casting a vote for a
15    particular ballot position on the ballot sheet is fully
16    darkened or shaded in;
17        (2) the designated area for casting a vote for a
18    particular ballot position on the ballot sheet is
19    partially darkened or shaded in;
20        (3) the designated area for casting a vote for a
21    particular ballot position on the ballot sheet contains a
22    dot or ".", a check, or a plus or "+";
23        (4) the designated area for casting a vote for a
24    particular ballot position on the ballot sheet contains
25    some other type of mark that indicates the clearly
26    ascertainable intent of the voter to vote based on the

 

 

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1    totality of the circumstances, including, but not limited
2    to, any pattern or frequency of marks on other ballot
3    positions from the same ballot sheet; or
4        (5) the designated area for casting a vote for a
5    particular ballot position on the ballot sheet is not
6    marked, but the ballot sheet contains other markings
7    associated with a particular ballot position, such as
8    circling a candidate's name, that indicates the clearly
9    ascertainable intent of the voter to vote, based on the
10    totality of the circumstances, including, but not limited
11    to, any pattern or frequency of markings on other ballot
12    positions from the same ballot sheet.
13    (c) For other electronic voting systems that use a
14computer as the marking device to mark a ballot sheet, the bar
15code found on the ballot sheet shall constitute the votes
16found on the ballot. If, however, the county clerk or board of
17election commissioners determines that the votes represented
18by the tally on the bar code for one or more ballot positions
19is inconsistent with the votes represented by numerical ballot
20positions identified on the ballot sheet produced using a
21computer as the marking device, then the numerical ballot
22positions identified on the ballot sheet shall constitute the
23votes for purposes of any official canvass or recount
24proceeding. An electronic voting system that uses a computer
25as the marking device to mark a ballot sheet shall be capable
26of producing a ballot sheet that contains all numerical ballot

 

 

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1positions selected by the voter, and provides a place for the
2voter to cast a write-in vote for a candidate for a particular
3numerical ballot position.
4    (d) The election authority shall provide an envelope,
5sleeve, or other device to each voter so the voter can deliver
6the voted ballot sheet to the counting equipment and ballot
7box without the votes indicated on the ballot sheet being
8visible to other persons in the polling place.
9(Source: P.A. 95-331, eff. 8-21-07; revised 9-25-23.)
 
10    Section 40. The Illinois Identification Card Act is
11amended by changing Sections 1A and 4 as follows:
 
12    (15 ILCS 335/1A)
13    (Text of Section before amendment by P.A. 103-210)
14    Sec. 1A. Definitions. As used in this Act:
15    "Highly restricted personal information" means an
16individual's photograph, signature, social security number,
17and medical or disability information.
18    "Identification card making implement" means any material,
19hardware, or software that is specifically designed for or
20primarily used in the manufacture, assembly, issuance, or
21authentication of an official identification card issued by
22the Secretary of State.
23    "Fraudulent identification card" means any identification
24card that purports to be an official identification card for

 

 

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1which a computerized number and file have not been created by
2the Secretary of State, the United States Government or any
3state or political subdivision thereof, or any governmental or
4quasi-governmental organization. For the purpose of this Act,
5any identification card that resembles an official
6identification card in either size, color, photograph
7location, or design or uses the word "official", "state",
8"Illinois", or the name of any other state or political
9subdivision thereof, or any governmental or quasi-governmental
10organization individually or in any combination thereof to
11describe or modify the term "identification card" or "I.D.
12card" anywhere on the card, or uses a shape in the likeness of
13Illinois or any other state on the photograph side of the card,
14is deemed to be a fraudulent identification card unless the
15words "This is not an official Identification Card", appear
16prominently upon it in black colored lettering in 12-point
17type on the photograph side of the card, and no such card shall
18be smaller in size than 3 inches by 4 inches, and the
19photograph shall be on the left side of the card only.
20    "Legal name" means the full given name and surname of an
21individual as recorded at birth, recorded at marriage, or
22deemed as the correct legal name for use in reporting income by
23the Social Security Administration or the name as otherwise
24established through legal action that appears on the
25associated official document presented to the Secretary of
26State.

 

 

HB4844 Engrossed- 78 -LRB103 39009 AMC 69146 b

1    "Personally identifying information" means information
2that identifies an individual, including his or her
3identification card number, name, address (but not the 5-digit
4zip code), date of birth, height, weight, hair color, eye
5color, email address, and telephone number.
6    "Homeless person" or "homeless individual" has the same
7meaning as defined by the federal McKinney-Vento Homeless
8Assistance Act, 42 U.S.C. 11302, or 42 U.S.C. 11434a(2).
9    "Youth for whom the Department of Children and Family
10Services is legally responsible" or "foster child" means a
11child or youth whose guardianship or custody has been accepted
12by the Department of Children and Family Services pursuant to
13the Juvenile Court Act of 1987, the Children and Family
14Services Act, the Abused and Neglected Child Reporting Act,
15and the Adoption Act. This applies to children for whom the
16Department of Children and Family Services has temporary
17protective custody, custody or guardianship via court order,
18or children whose parents have signed an adoptive surrender or
19voluntary placement agreement with the Department.
20    "REAL ID compliant identification card" means a standard
21Illinois Identification Card or Illinois Person with a
22Disability Identification Card issued in compliance with the
23REAL ID Act and implementing regulations. REAL ID compliant
24identification cards shall bear a security marking approved by
25the United States Department of Homeland Security.
26    "Non-compliant identification card" means a standard

 

 

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1Illinois Identification Card or Illinois Person with a
2Disability Identification Card issued in a manner which is not
3compliant with the REAL ID Act and implementing regulations.
4Non-compliant identification cards shall be marked "Not for
5Federal Identification" and shall have a color or design
6different from the REAL ID compliant identification card.
7    "Limited Term REAL ID compliant identification card" means
8a REAL ID compliant identification card issued to a person who
9is persons who are not a permanent resident residents or
10citizen citizens of the United States, and marked "Limited
11Term" on the face of the card.
12(Source: P.A. 100-201, eff. 8-18-17; 100-248, eff. 8-22-17;
13101-326, eff. 8-9-19; revised 9-20-23.)
 
14    (Text of Section after amendment by P.A. 103-210)
15    Sec. 1A. Definitions. As used in this Act:
16    "Highly restricted personal information" means an
17individual's photograph, signature, social security number,
18and medical or disability information.
19    "Identification card making implement" means any material,
20hardware, or software that is specifically designed for or
21primarily used in the manufacture, assembly, issuance, or
22authentication of an official identification card issued by
23the Secretary of State.
24    "Fraudulent identification card" means any identification
25card that purports to be an official identification card for

 

 

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1which a computerized number and file have not been created by
2the Secretary of State, the United States Government or any
3state or political subdivision thereof, or any governmental or
4quasi-governmental organization. For the purpose of this Act,
5any identification card that resembles an official
6identification card in either size, color, photograph
7location, or design or uses the word "official", "state",
8"Illinois", or the name of any other state or political
9subdivision thereof, or any governmental or quasi-governmental
10organization individually or in any combination thereof to
11describe or modify the term "identification card" or "I.D.
12card" anywhere on the card, or uses a shape in the likeness of
13Illinois or any other state on the photograph side of the card,
14is deemed to be a fraudulent identification card unless the
15words "This is not an official Identification Card", appear
16prominently upon it in black colored lettering in 12-point
17type on the photograph side of the card, and no such card shall
18be smaller in size than 3 inches by 4 inches, and the
19photograph shall be on the left side of the card only.
20    "Legal name" means the full given name and surname of an
21individual as recorded at birth, recorded at marriage, or
22deemed as the correct legal name for use in reporting income by
23the Social Security Administration or the name as otherwise
24established through legal action that appears on the
25associated official document presented to the Secretary of
26State.

 

 

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1    "Personally identifying information" means information
2that identifies an individual, including his or her
3identification card number, name, address (but not the 5-digit
4zip code), date of birth, height, weight, hair color, eye
5color, email address, and telephone number.
6    "Homeless person" or "homeless individual" has the same
7meaning as defined by the federal McKinney-Vento Homeless
8Assistance Act, 42 U.S.C. 11302, or 42 U.S.C. 11434a(2).
9    "Youth for whom the Department of Children and Family
10Services is legally responsible" or "foster child" means a
11child or youth whose guardianship or custody has been accepted
12by the Department of Children and Family Services pursuant to
13the Juvenile Court Act of 1987, the Children and Family
14Services Act, the Abused and Neglected Child Reporting Act,
15and the Adoption Act. This applies to children for whom the
16Department of Children and Family Services has temporary
17protective custody, custody or guardianship via court order,
18or children whose parents have signed an adoptive surrender or
19voluntary placement agreement with the Department.
20    "REAL ID compliant identification card" means a standard
21Illinois Identification Card or Illinois Person with a
22Disability Identification Card issued in compliance with the
23REAL ID Act and implementing regulations. REAL ID compliant
24identification cards shall bear a security marking approved by
25the United States Department of Homeland Security.
26    "Standard identification card" means a standard Illinois

 

 

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1Identification Card or Illinois Person with a Disability
2Identification Card issued in a manner which is not compliant
3with the REAL ID Act and implementing regulations. Standard
4identification cards shall be marked "Federal Limits Apply"
5and shall have a color or design different from the REAL ID
6compliant identification card.
7    "Limited Term REAL ID compliant identification card" means
8a REAL ID compliant identification card that is issued to a
9person who is persons who are not a permanent resident
10residents or citizen citizens of the United States, or an
11individual who has an approved application for asylum in the
12United States or has entered the United States in refugee
13status, and is marked "Limited Term" on the face of the card.
14(Source: P.A. 103-210, eff. 7-1-24; revised 9-20-23.)
 
15    (15 ILCS 335/4)
16    (Text of Section before amendment by P.A. 103-210)
17    Sec. 4. Identification card.
18    (a) The Secretary of State shall issue a standard Illinois
19Identification Card to any natural person who is a resident of
20the State of Illinois who applies for such card, or renewal
21thereof. No identification card shall be issued to any person
22who holds a valid foreign state identification card, license,
23or permit unless the person first surrenders to the Secretary
24of State the valid foreign state identification card, license,
25or permit. The card shall be prepared and supplied by the

 

 

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1Secretary of State and shall include a photograph and
2signature or mark of the applicant. However, the Secretary of
3State may provide by rule for the issuance of Illinois
4Identification Cards without photographs if the applicant has
5a bona fide religious objection to being photographed or to
6the display of his or her photograph. The Illinois
7Identification Card may be used for identification purposes in
8any lawful situation only by the person to whom it was issued.
9As used in this Act, "photograph" means any color photograph
10or digitally produced and captured image of an applicant for
11an identification card. As used in this Act, "signature" means
12the name of a person as written by that person and captured in
13a manner acceptable to the Secretary of State.
14    (a-5) If an applicant for an identification card has a
15current driver's license or instruction permit issued by the
16Secretary of State, the Secretary may require the applicant to
17utilize the same residence address and name on the
18identification card, driver's license, and instruction permit
19records maintained by the Secretary. The Secretary may
20promulgate rules to implement this provision.
21    (a-10) If the applicant is a judicial officer as defined
22in Section 1-10 of the Judicial Privacy Act or a peace officer,
23the applicant may elect to have his or her office or work
24address listed on the card instead of the applicant's
25residence or mailing address. The Secretary may promulgate
26rules to implement this provision. For the purposes of this

 

 

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1subsection (a-10), "peace officer" means any person who by
2virtue of his or her office or public employment is vested by
3law with a duty to maintain public order or to make arrests for
4a violation of any penal statute of this State, whether that
5duty extends to all violations or is limited to specific
6violations.
7    (a-15) The Secretary of State may provide for an expedited
8process for the issuance of an Illinois Identification Card.
9The Secretary shall charge an additional fee for the expedited
10issuance of an Illinois Identification Card, to be set by
11rule, not to exceed $75. All fees collected by the Secretary
12for expedited Illinois Identification Card service shall be
13deposited into the Secretary of State Special Services Fund.
14The Secretary may adopt rules regarding the eligibility,
15process, and fee for an expedited Illinois Identification
16Card. If the Secretary of State determines that the volume of
17expedited identification card requests received on a given day
18exceeds the ability of the Secretary to process those requests
19in an expedited manner, the Secretary may decline to provide
20expedited services, and the additional fee for the expedited
21service shall be refunded to the applicant.
22    (a-20) The Secretary of State shall issue a standard
23Illinois Identification Card to a person committed to the
24Department of Corrections or Department of Juvenile Justice
25upon receipt of the person's birth certificate, social
26security card, photograph, proof of residency upon discharge,

 

 

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1and an identification card application transferred via a
2secure method as agreed upon by the Secretary and the
3Department of Corrections or Department of Juvenile Justice.
4Illinois residency shall be established by submission of a
5Secretary of State prescribed Identification Card verification
6form completed by the respective Department.
7    (a-25) The Secretary of State shall issue a limited-term
8Illinois Identification Card valid for 90 days to a committed
9person upon release on parole, mandatory supervised release,
10aftercare release, final discharge, or pardon from the
11Department of Corrections or Department of Juvenile Justice,
12if the released person is unable to present a certified copy of
13his or her birth certificate and social security card or other
14documents authorized by the Secretary, but does present a
15Secretary of State prescribed Identification Card verification
16form completed by the Department of Corrections or Department
17of Juvenile Justice, verifying the released person's date of
18birth, social security number, and his or her Illinois
19residence address. The verification form must have been
20completed no more than 30 days prior to the date of application
21for the Illinois Identification Card.
22    Prior to the expiration of the 90-day period of the
23limited-term Illinois Identification Card, if the released
24person submits to the Secretary of State a certified copy of
25his or her birth certificate and his or her social security
26card or other documents authorized by the Secretary, a

 

 

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1standard Illinois Identification Card shall be issued. A
2limited-term Illinois Identification Card may not be renewed.
3    (a-30) The Secretary of State shall issue a standard
4Illinois Identification Card to a person upon conditional
5release or absolute discharge from the custody of the
6Department of Human Services, if the person presents a
7certified copy of his or her birth certificate, social
8security card, or other documents authorized by the Secretary,
9and a document proving his or her Illinois residence address.
10The Secretary of State shall issue a standard Illinois
11Identification Card to a person prior to his or her
12conditional release or absolute discharge if personnel from
13the Department of Human Services bring the person to a
14Secretary of State location with the required documents.
15Documents proving residence address may include any official
16document of the Department of Human Services showing the
17person's address after release and a Secretary of State
18prescribed verification form, which may be executed by
19personnel of the Department of Human Services.
20    (a-35) The Secretary of State shall issue a limited-term
21Illinois Identification Card valid for 90 days to a person
22upon conditional release or absolute discharge from the
23custody of the Department of Human Services, if the person is
24unable to present a certified copy of his or her birth
25certificate and social security card or other documents
26authorized by the Secretary, but does present a Secretary of

 

 

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1State prescribed verification form completed by the Department
2of Human Services, verifying the person's date of birth and
3social security number, and a document proving his or her
4Illinois residence address. The verification form must have
5been completed no more than 30 days prior to the date of
6application for the Illinois Identification Card. The
7Secretary of State shall issue a limited-term Illinois
8Identification Card to a person no sooner than 14 days prior to
9his or her conditional release or absolute discharge if
10personnel from the Department of Human Services bring the
11person to a Secretary of State location with the required
12documents. Documents proving residence address shall include
13any official document of the Department of Human Services
14showing the person's address after release and a Secretary of
15State prescribed verification form, which may be executed by
16personnel of the Department of Human Services.
17    (b) The Secretary of State shall issue a special Illinois
18Identification Card, which shall be known as an Illinois
19Person with a Disability Identification Card, to any natural
20person who is a resident of the State of Illinois, who is a
21person with a disability as defined in Section 4A of this Act,
22who applies for such card, or renewal thereof. No Illinois
23Person with a Disability Identification Card shall be issued
24to any person who holds a valid foreign state identification
25card, license, or permit unless the person first surrenders to
26the Secretary of State the valid foreign state identification

 

 

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1card, license, or permit. The Secretary of State shall charge
2no fee to issue such card. The card shall be prepared and
3supplied by the Secretary of State, and shall include a
4photograph and signature or mark of the applicant, a
5designation indicating that the card is an Illinois Person
6with a Disability Identification Card, and shall include a
7comprehensible designation of the type and classification of
8the applicant's disability as set out in Section 4A of this
9Act. However, the Secretary of State may provide by rule for
10the issuance of Illinois Person with a Disability
11Identification Cards without photographs if the applicant has
12a bona fide religious objection to being photographed or to
13the display of his or her photograph. If the applicant so
14requests, the card shall include a description of the
15applicant's disability and any information about the
16applicant's disability or medical history which the Secretary
17determines would be helpful to the applicant in securing
18emergency medical care. If a mark is used in lieu of a
19signature, such mark shall be affixed to the card in the
20presence of two witnesses who attest to the authenticity of
21the mark. The Illinois Person with a Disability Identification
22Card may be used for identification purposes in any lawful
23situation by the person to whom it was issued.
24    The Illinois Person with a Disability Identification Card
25may be used as adequate documentation of disability in lieu of
26a physician's determination of disability, a determination of

 

 

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1disability from a physician assistant, a determination of
2disability from an advanced practice registered nurse, or any
3other documentation of disability whenever any State law
4requires that a person with a disability provide such
5documentation of disability, however an Illinois Person with a
6Disability Identification Card shall not qualify the
7cardholder to participate in any program or to receive any
8benefit which is not available to all persons with like
9disabilities. Notwithstanding any other provisions of law, an
10Illinois Person with a Disability Identification Card, or
11evidence that the Secretary of State has issued an Illinois
12Person with a Disability Identification Card, shall not be
13used by any person other than the person named on such card to
14prove that the person named on such card is a person with a
15disability or for any other purpose unless the card is used for
16the benefit of the person named on such card, and the person
17named on such card consents to such use at the time the card is
18so used.
19    An optometrist's determination of a visual disability
20under Section 4A of this Act is acceptable as documentation
21for the purpose of issuing an Illinois Person with a
22Disability Identification Card.
23    When medical information is contained on an Illinois
24Person with a Disability Identification Card, the Office of
25the Secretary of State shall not be liable for any actions
26taken based upon that medical information.

 

 

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1    (c) The Secretary of State shall provide that each
2original or renewal Illinois Identification Card or Illinois
3Person with a Disability Identification Card issued to a
4person under the age of 21 shall be of a distinct nature from
5those Illinois Identification Cards or Illinois Person with a
6Disability Identification Cards issued to individuals 21 years
7of age or older. The color designated for Illinois
8Identification Cards or Illinois Person with a Disability
9Identification Cards for persons under the age of 21 shall be
10at the discretion of the Secretary of State.
11    (c-1) Each original or renewal Illinois Identification
12Card or Illinois Person with a Disability Identification Card
13issued to a person under the age of 21 shall display the date
14upon which the person becomes 18 years of age and the date upon
15which the person becomes 21 years of age.
16    (c-3) The General Assembly recognizes the need to identify
17military veterans living in this State for the purpose of
18ensuring that they receive all of the services and benefits to
19which they are legally entitled, including healthcare,
20education assistance, and job placement. To assist the State
21in identifying these veterans and delivering these vital
22services and benefits, the Secretary of State is authorized to
23issue Illinois Identification Cards and Illinois Person with a
24Disability Identification Cards with the word "veteran"
25appearing on the face of the cards. This authorization is
26predicated on the unique status of veterans. The Secretary may

 

 

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1not issue any other identification card which identifies an
2occupation, status, affiliation, hobby, or other unique
3characteristics of the identification card holder which is
4unrelated to the purpose of the identification card.
5    (c-5) Beginning on or before July 1, 2015, the Secretary
6of State shall designate a space on each original or renewal
7identification card where, at the request of the applicant,
8the word "veteran" shall be placed. The veteran designation
9shall be available to a person identified as a veteran under
10subsection (b) of Section 5 of this Act who was discharged or
11separated under honorable conditions.
12    (d) The Secretary of State may issue a Senior Citizen
13discount card, to any natural person who is a resident of the
14State of Illinois who is 60 years of age or older and who
15applies for such a card or renewal thereof. The Secretary of
16State shall charge no fee to issue such card. The card shall be
17issued in every county and applications shall be made
18available at, but not limited to, nutrition sites, senior
19citizen centers and Area Agencies on Aging. The applicant,
20upon receipt of such card and prior to its use for any purpose,
21shall have affixed thereon in the space provided therefor his
22signature or mark.
23    (e) The Secretary of State, in his or her discretion, may
24designate on each Illinois Identification Card or Illinois
25Person with a Disability Identification Card a space where the
26card holder may place a sticker or decal, issued by the

 

 

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1Secretary of State, of uniform size as the Secretary may
2specify, that shall indicate in appropriate language that the
3card holder has renewed his or her Illinois Identification
4Card or Illinois Person with a Disability Identification Card.
5(Source: P.A. 102-299, eff. 8-6-21; 103-345, eff. 1-1-24.)
 
6    (Text of Section after amendment by P.A. 103-210)
7    Sec. 4. Identification card.
8    (a) The Secretary of State shall issue a standard Illinois
9Identification Card to any natural person who is a resident of
10the State of Illinois who applies for such card, or renewal
11thereof. No identification card shall be issued to any person
12who holds a valid foreign state identification card, license,
13or permit unless the person first surrenders to the Secretary
14of State the valid foreign state identification card, license,
15or permit. The card shall be prepared and supplied by the
16Secretary of State and shall include a photograph and
17signature or mark of the applicant. However, the Secretary of
18State may provide by rule for the issuance of Illinois
19Identification Cards without photographs if the applicant has
20a bona fide religious objection to being photographed or to
21the display of his or her photograph. The Illinois
22Identification Card may be used for identification purposes in
23any lawful situation only by the person to whom it was issued.
24As used in this Act, "photograph" means any color photograph
25or digitally produced and captured image of an applicant for

 

 

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1an identification card. As used in this Act, "signature" means
2the name of a person as written by that person and captured in
3a manner acceptable to the Secretary of State.
4    (a-5) If an applicant for an identification card has a
5current driver's license or instruction permit issued by the
6Secretary of State, the Secretary may require the applicant to
7utilize the same residence address and name on the
8identification card, driver's license, and instruction permit
9records maintained by the Secretary. The Secretary may
10promulgate rules to implement this provision.
11    (a-10) If the applicant is a judicial officer as defined
12in Section 1-10 of the Judicial Privacy Act or a peace officer,
13the applicant may elect to have his or her office or work
14address listed on the card instead of the applicant's
15residence or mailing address. The Secretary may promulgate
16rules to implement this provision. For the purposes of this
17subsection (a-10), "peace officer" means any person who by
18virtue of his or her office or public employment is vested by
19law with a duty to maintain public order or to make arrests for
20a violation of any penal statute of this State, whether that
21duty extends to all violations or is limited to specific
22violations.
23    (a-15) The Secretary of State may provide for an expedited
24process for the issuance of an Illinois Identification Card.
25The Secretary shall charge an additional fee for the expedited
26issuance of an Illinois Identification Card, to be set by

 

 

HB4844 Engrossed- 94 -LRB103 39009 AMC 69146 b

1rule, not to exceed $75. All fees collected by the Secretary
2for expedited Illinois Identification Card service shall be
3deposited into the Secretary of State Special Services Fund.
4The Secretary may adopt rules regarding the eligibility,
5process, and fee for an expedited Illinois Identification
6Card. If the Secretary of State determines that the volume of
7expedited identification card requests received on a given day
8exceeds the ability of the Secretary to process those requests
9in an expedited manner, the Secretary may decline to provide
10expedited services, and the additional fee for the expedited
11service shall be refunded to the applicant.
12    (a-20) The Secretary of State shall issue a standard
13Illinois Identification Card to a person committed to the
14Department of Corrections or Department of Juvenile Justice
15upon receipt of the person's birth certificate, social
16security card, if the person has a social security number,
17photograph, proof of residency upon discharge, and an
18identification card application transferred via a secure
19method as agreed upon by the Secretary and the Department of
20Corrections or Department of Juvenile Justice, if the person
21has a social security number,. Illinois residency shall be
22established by submission of a Secretary of State prescribed
23Identification Card verification form completed by the
24respective Department.
25    (a-25) The Secretary of State shall issue a limited-term
26Illinois Identification Card valid for 90 days to a committed

 

 

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1person upon release on parole, mandatory supervised release,
2aftercare release, final discharge, or pardon from the
3Department of Corrections or Department of Juvenile Justice,
4if the released person is unable to present a certified copy of
5his or her birth certificate and social security card, if the
6person has a social security number, or other documents
7authorized by the Secretary, but does present a Secretary of
8State prescribed Identification Card verification form
9completed by the Department of Corrections or Department of
10Juvenile Justice, verifying the released person's date of
11birth, social security number, if the person has a social
12security number, and his or her Illinois residence address.
13The verification form must have been completed no more than 30
14days prior to the date of application for the Illinois
15Identification Card.
16    Prior to the expiration of the 90-day period of the
17limited-term Illinois Identification Card, if the released
18person submits to the Secretary of State a certified copy of
19his or her birth certificate and his or her social security
20card, if the person has a social security number, or other
21documents authorized by the Secretary, a standard Illinois
22Identification Card shall be issued. A limited-term Illinois
23Identification Card may not be renewed.
24    (a-30) The Secretary of State shall issue a standard
25Illinois Identification Card to a person upon conditional
26release or absolute discharge from the custody of the

 

 

HB4844 Engrossed- 96 -LRB103 39009 AMC 69146 b

1Department of Human Services, if the person presents a
2certified copy of his or her birth certificate, social
3security card, if the person has a social security number, or
4other documents authorized by the Secretary, and a document
5proving his or her Illinois residence address. The Secretary
6of State shall issue a standard Illinois Identification Card
7to a person prior to his or her conditional release or absolute
8discharge if personnel from the Department of Human Services
9bring the person to a Secretary of State location with the
10required documents. Documents proving residence address may
11include any official document of the Department of Human
12Services showing the person's address after release and a
13Secretary of State prescribed verification form, which may be
14executed by personnel of the Department of Human Services.
15    (a-35) The Secretary of State shall issue a limited-term
16Illinois Identification Card valid for 90 days to a person
17upon conditional release or absolute discharge from the
18custody of the Department of Human Services, if the person is
19unable to present a certified copy of his or her birth
20certificate and social security card, if the person has a
21social security number, or other documents authorized by the
22Secretary, but does present a Secretary of State prescribed
23verification form completed by the Department of Human
24Services, verifying the person's date of birth and social
25security number, if the person has a social security number,
26and a document proving his or her Illinois residence address.

 

 

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1The verification form must have been completed no more than 30
2days prior to the date of application for the Illinois
3Identification Card. The Secretary of State shall issue a
4limited-term Illinois Identification Card to a person no
5sooner than 14 days prior to his or her conditional release or
6absolute discharge if personnel from the Department of Human
7Services bring the person to a Secretary of State location
8with the required documents. Documents proving residence
9address shall include any official document of the Department
10of Human Services showing the person's address after release
11and a Secretary of State prescribed verification form, which
12may be executed by personnel of the Department of Human
13Services.
14    (b) The Secretary of State shall issue a special Illinois
15Identification Card, which shall be known as an Illinois
16Person with a Disability Identification Card, to any natural
17person who is a resident of the State of Illinois, who is a
18person with a disability as defined in Section 4A of this Act,
19who applies for such card, or renewal thereof. No Illinois
20Person with a Disability Identification Card shall be issued
21to any person who holds a valid foreign state identification
22card, license, or permit unless the person first surrenders to
23the Secretary of State the valid foreign state identification
24card, license, or permit. The Secretary of State shall charge
25no fee to issue such card. The card shall be prepared and
26supplied by the Secretary of State, and shall include a

 

 

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1photograph and signature or mark of the applicant, a
2designation indicating that the card is an Illinois Person
3with a Disability Identification Card, and shall include a
4comprehensible designation of the type and classification of
5the applicant's disability as set out in Section 4A of this
6Act. However, the Secretary of State may provide by rule for
7the issuance of Illinois Person with a Disability
8Identification Cards without photographs if the applicant has
9a bona fide religious objection to being photographed or to
10the display of his or her photograph. If the applicant so
11requests, the card shall include a description of the
12applicant's disability and any information about the
13applicant's disability or medical history which the Secretary
14determines would be helpful to the applicant in securing
15emergency medical care. If a mark is used in lieu of a
16signature, such mark shall be affixed to the card in the
17presence of two witnesses who attest to the authenticity of
18the mark. The Illinois Person with a Disability Identification
19Card may be used for identification purposes in any lawful
20situation by the person to whom it was issued.
21    The Illinois Person with a Disability Identification Card
22may be used as adequate documentation of disability in lieu of
23a physician's determination of disability, a determination of
24disability from a physician assistant, a determination of
25disability from an advanced practice registered nurse, or any
26other documentation of disability whenever any State law

 

 

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1requires that a person with a disability provide such
2documentation of disability, however an Illinois Person with a
3Disability Identification Card shall not qualify the
4cardholder to participate in any program or to receive any
5benefit which is not available to all persons with like
6disabilities. Notwithstanding any other provisions of law, an
7Illinois Person with a Disability Identification Card, or
8evidence that the Secretary of State has issued an Illinois
9Person with a Disability Identification Card, shall not be
10used by any person other than the person named on such card to
11prove that the person named on such card is a person with a
12disability or for any other purpose unless the card is used for
13the benefit of the person named on such card, and the person
14named on such card consents to such use at the time the card is
15so used.
16    An optometrist's determination of a visual disability
17under Section 4A of this Act is acceptable as documentation
18for the purpose of issuing an Illinois Person with a
19Disability Identification Card.
20    When medical information is contained on an Illinois
21Person with a Disability Identification Card, the Office of
22the Secretary of State shall not be liable for any actions
23taken based upon that medical information.
24    (c) The Secretary of State shall provide that each
25original or renewal Illinois Identification Card or Illinois
26Person with a Disability Identification Card issued to a

 

 

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1person under the age of 21 shall be of a distinct nature from
2those Illinois Identification Cards or Illinois Person with a
3Disability Identification Cards issued to individuals 21 years
4of age or older. The color designated for Illinois
5Identification Cards or Illinois Person with a Disability
6Identification Cards for persons under the age of 21 shall be
7at the discretion of the Secretary of State.
8    (c-1) Each original or renewal Illinois Identification
9Card or Illinois Person with a Disability Identification Card
10issued to a person under the age of 21 shall display the date
11upon which the person becomes 18 years of age and the date upon
12which the person becomes 21 years of age.
13    (c-3) The General Assembly recognizes the need to identify
14military veterans living in this State for the purpose of
15ensuring that they receive all of the services and benefits to
16which they are legally entitled, including healthcare,
17education assistance, and job placement. To assist the State
18in identifying these veterans and delivering these vital
19services and benefits, the Secretary of State is authorized to
20issue Illinois Identification Cards and Illinois Person with a
21Disability Identification Cards with the word "veteran"
22appearing on the face of the cards. This authorization is
23predicated on the unique status of veterans. The Secretary may
24not issue any other identification card which identifies an
25occupation, status, affiliation, hobby, or other unique
26characteristics of the identification card holder which is

 

 

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1unrelated to the purpose of the identification card.
2    (c-5) Beginning on or before July 1, 2015, the Secretary
3of State shall designate a space on each original or renewal
4identification card where, at the request of the applicant,
5the word "veteran" shall be placed. The veteran designation
6shall be available to a person identified as a veteran under
7subsection (b) of Section 5 of this Act who was discharged or
8separated under honorable conditions.
9    (d) The Secretary of State may issue a Senior Citizen
10discount card, to any natural person who is a resident of the
11State of Illinois who is 60 years of age or older and who
12applies for such a card or renewal thereof. The Secretary of
13State shall charge no fee to issue such card. The card shall be
14issued in every county and applications shall be made
15available at, but not limited to, nutrition sites, senior
16citizen centers and Area Agencies on Aging. The applicant,
17upon receipt of such card and prior to its use for any purpose,
18shall have affixed thereon in the space provided therefor his
19signature or mark.
20    (e) The Secretary of State, in his or her discretion, may
21designate on each Illinois Identification Card or Illinois
22Person with a Disability Identification Card a space where the
23card holder may place a sticker or decal, issued by the
24Secretary of State, of uniform size as the Secretary may
25specify, that shall indicate in appropriate language that the
26card holder has renewed his or her Illinois Identification

 

 

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1Card or Illinois Person with a Disability Identification Card.
2(Source: P.A. 102-299, eff. 8-6-21; 103-210, eff. 7-1-24;
3103-345, eff. 1-1-24; revised 12-12-23.)
 
4    Section 45. The State Treasurer Employment Code is amended
5by changing Section 7a as follows:
 
6    (15 ILCS 510/7a)  (from Ch. 130, par. 107a)
7    Sec. 7a. Terms; compensation Terms - compensation. Members
8of the Personnel Review Board shall initially be appointed as
9follows:
10        (a) One member to serve for 2 years and until a
11    successor is appointed;
12        (b) One member to serve for 4 years and until a
13    successor is appointed; and
14        (c) One member to serve for 6 years and until a
15    successor is appointed.
16    Thereafter, members of the Board shall be appointed by the
17Treasurer for 6-year 6 year terms with the advice and consent
18of the Senate. One member of the Board shall be appointed a
19chairperson for a 2-year 2 year term. Members of the Board
20shall each be paid $100 for each day they are engaged in the
21business of the Board and shall be reimbursed for their
22expenses when engaged in such business.
23(Source: P.A. 103-152, eff. 6-30-23; revised 9-20-23.)
 

 

 

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1    Section 50. The Civil Administrative Code of Illinois is
2amended by changing Section 5-222 as follows:
 
3    (20 ILCS 5/5-222)
4    Sec. 5-222. Director of the Illinois Power Agency. The
5Director of the Illinois Power Agency must have at least 10
6years of combined experience in the electric industry,
7electricity policy, or electricity markets and must possess:
8(i) general knowledge of the responsibilities of being a
9director, (ii) managerial experience, and (iii) an advanced
10degree in economics, risk management, law, business,
11engineering, or a related field. The Director of the Illinois
12Power Agency must have experience with the renewable energy
13industry and understanding of the programs established by
14Public Act 102-662 intended to promote equity in the renewable
15energy industry.
16(Source: P.A. 102-1123, eff. 1-27-23; revised 4-4-23.)
 
17    Section 55. The Data Governance and Organization to
18Support Equity and Racial Justice Act is amended by changing
19Section 20-15 as follows:
 
20    (20 ILCS 65/20-15)
21    Sec. 20-15. Data governance and organization to support
22equity and racial justice.
23    (a) On or before July 1, 2022 and each July 1 thereafter,

 

 

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1the Board and the Department shall report statistical data on
2the racial, ethnic, age, sex, disability status, sexual
3orientation, gender identity, and primary or preferred
4language demographics of program participants for each major
5program administered by the Board or the Department, except as
6provided in subsection (a-5). Except as provided in subsection
7(b), when reporting the data required under this Section, the
8Board or the Department shall use the same racial and ethnic
9classifications for each program, which shall include, but not
10be limited to, the following:
11        (1) American Indian and Alaska Native alone.
12        (2) Asian alone.
13        (3) Black or African American alone.
14        (4) Hispanic or Latino of any race.
15        (5) Native Hawaiian and Other Pacific Islander alone.
16        (6) White alone.
17        (7) Middle Eastern or North African.
18        (8) Some other race alone.
19        (9) Two or more races.
20    The Board and the Department may further define, by rule,
21the racial and ethnic classifications, including, if
22necessary, a classification of "No Race Specified".
23    (a-5) In relation to major program participants, the Board
24shall not be required to collect personally identifiable
25information and report statistical data on the categories of
26sex, sexual orientation, and gender identity unless required

 

 

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1for federal reporting. The Board shall make available reports
2on its Internet website, posted where other mandated reports
3are posted, of statistical data on sex, sexual orientation,
4and gender identity demographics through anonymous surveys or
5other methods as age and developmentally appropriate.
6    (b) If a program administered by the Board or the
7Department is subject to federal reporting requirements that
8include the collection and public reporting of statistical
9data on the racial and ethnic demographics of program
10participants, the Department may maintain the same racial and
11ethnic classifications used under the federal requirements if
12such classifications differ from the classifications listed in
13subsection (a).
14    (c) The Department of Innovation and Technology shall
15assist the Board and the Department by establishing common
16technological processes and procedures for the Board and the
17Department to:
18        (1) Catalog data.
19        (2) Identify similar fields in datasets.
20        (3) Manage data requests.
21        (4) Share data.
22        (5) Collect data.
23        (6) Improve and clean data.
24        (7) Match data across the Board and Departments.
25        (8) Develop research and analytic agendas.
26        (9) Report on program participation disaggregated by

 

 

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1    race and ethnicity.
2        (10) Evaluate equitable outcomes for underserved
3    populations in Illinois.
4        (11) Define common roles for data management.
5        (12) Ensure that all major programs can report
6    disaggregated data by race, ethnicity, age, sex,
7    disability status, sexual orientation, and gender
8    identity, and primary or preferred language.
9    The Board and the Department shall use the common
10technological processes and procedures established by the
11Department of Innovation and Technology.
12    (d) If the Board or the Department is unable to begin
13reporting the data required by subsection (a) by July 1, 2022,
14the Board or the Department shall state the reasons for the
15delay under the reporting requirements.
16    (e) By no later than March 31, 2022, the Board and the
17Department shall provide a progress report to the General
18Assembly to disclose: (i) the programs and datasets that have
19been cataloged for which race, ethnicity, age, sex, disability
20status, sexual orientation, gender identity, and primary or
21preferred language have been standardized; and (ii) to the
22extent possible, the datasets and programs that are
23outstanding for each agency and the datasets that are planned
24for the upcoming year. On or before March 31, 2023, and each
25year thereafter, the Board and the Department shall provide an
26updated report to the General Assembly.

 

 

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1    (f) By no later than October 31, 2021, the Governor's
2Office shall provide a plan to establish processes for input
3from the Board and the Department into processes outlined in
4subsection (c). The plan shall incorporate ongoing efforts at
5data interoperability within the Department and the governance
6established to support the P-20 Longitudinal Education Data
7System enacted by Public Act 96-107.
8    (g) Nothing in this Section shall be construed to limit
9the rights granted to individuals or data sharing protections
10established under existing State and federal data privacy and
11security laws.
12(Source: P.A. 102-543, eff. 8-20-21; 103-154, eff. 6-30-23;
13103-175, eff. 6-30-23; 103-414, eff. 1-1-24; revised
1412-12-23.)
 
15    Section 60. The Illinois Act on the Aging is amended by
16changing Section 4.02 as follows:
 
17    (20 ILCS 105/4.02)
18    Sec. 4.02. Community Care Program. The Department shall
19establish a program of services to prevent unnecessary
20institutionalization of persons age 60 and older in need of
21long term care or who are established as persons who suffer
22from Alzheimer's disease or a related disorder under the
23Alzheimer's Disease Assistance Act, thereby enabling them to
24remain in their own homes or in other living arrangements.

 

 

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1Such preventive services, which may be coordinated with other
2programs for the aged and monitored by area agencies on aging
3in cooperation with the Department, may include, but are not
4limited to, any or all of the following:
5        (a) (blank);
6        (b) (blank);
7        (c) home care aide services;
8        (d) personal assistant services;
9        (e) adult day services;
10        (f) home-delivered meals;
11        (g) education in self-care;
12        (h) personal care services;
13        (i) adult day health services;
14        (j) habilitation services;
15        (k) respite care;
16        (k-5) community reintegration services;
17        (k-6) flexible senior services;
18        (k-7) medication management;
19        (k-8) emergency home response;
20        (l) other nonmedical social services that may enable
21    the person to become self-supporting; or
22        (m) clearinghouse for information provided by senior
23    citizen home owners who want to rent rooms to or share
24    living space with other senior citizens.
25    The Department shall establish eligibility standards for
26such services. In determining the amount and nature of

 

 

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1services for which a person may qualify, consideration shall
2not be given to the value of cash, property, or other assets
3held in the name of the person's spouse pursuant to a written
4agreement dividing marital property into equal but separate
5shares or pursuant to a transfer of the person's interest in a
6home to his spouse, provided that the spouse's share of the
7marital property is not made available to the person seeking
8such services.
9    Beginning January 1, 2008, the Department shall require as
10a condition of eligibility that all new financially eligible
11applicants apply for and enroll in medical assistance under
12Article V of the Illinois Public Aid Code in accordance with
13rules promulgated by the Department.
14    The Department shall, in conjunction with the Department
15of Public Aid (now Department of Healthcare and Family
16Services), seek appropriate amendments under Sections 1915 and
171924 of the Social Security Act. The purpose of the amendments
18shall be to extend eligibility for home and community based
19services under Sections 1915 and 1924 of the Social Security
20Act to persons who transfer to or for the benefit of a spouse
21those amounts of income and resources allowed under Section
221924 of the Social Security Act. Subject to the approval of
23such amendments, the Department shall extend the provisions of
24Section 5-4 of the Illinois Public Aid Code to persons who, but
25for the provision of home or community-based services, would
26require the level of care provided in an institution, as is

 

 

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1provided for in federal law. Those persons no longer found to
2be eligible for receiving noninstitutional services due to
3changes in the eligibility criteria shall be given 45 days
4notice prior to actual termination. Those persons receiving
5notice of termination may contact the Department and request
6the determination be appealed at any time during the 45 day
7notice period. The target population identified for the
8purposes of this Section are persons age 60 and older with an
9identified service need. Priority shall be given to those who
10are at imminent risk of institutionalization. The services
11shall be provided to eligible persons age 60 and older to the
12extent that the cost of the services together with the other
13personal maintenance expenses of the persons are reasonably
14related to the standards established for care in a group
15facility appropriate to the person's condition. These
16non-institutional services, pilot projects, or experimental
17facilities may be provided as part of or in addition to those
18authorized by federal law or those funded and administered by
19the Department of Human Services. The Departments of Human
20Services, Healthcare and Family Services, Public Health,
21Veterans' Affairs, and Commerce and Economic Opportunity and
22other appropriate agencies of State, federal, and local
23governments shall cooperate with the Department on Aging in
24the establishment and development of the non-institutional
25services. The Department shall require an annual audit from
26all personal assistant and home care aide vendors contracting

 

 

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1with the Department under this Section. The annual audit shall
2assure that each audited vendor's procedures are in compliance
3with Department's financial reporting guidelines requiring an
4administrative and employee wage and benefits cost split as
5defined in administrative rules. The audit is a public record
6under the Freedom of Information Act. The Department shall
7execute, relative to the nursing home prescreening project,
8written inter-agency agreements with the Department of Human
9Services and the Department of Healthcare and Family Services,
10to effect the following: (1) intake procedures and common
11eligibility criteria for those persons who are receiving
12non-institutional services; and (2) the establishment and
13development of non-institutional services in areas of the
14State where they are not currently available or are
15undeveloped. On and after July 1, 1996, all nursing home
16prescreenings for individuals 60 years of age or older shall
17be conducted by the Department.
18    As part of the Department on Aging's routine training of
19case managers and case manager supervisors, the Department may
20include information on family futures planning for persons who
21are age 60 or older and who are caregivers of their adult
22children with developmental disabilities. The content of the
23training shall be at the Department's discretion.
24    The Department is authorized to establish a system of
25recipient copayment for services provided under this Section,
26such copayment to be based upon the recipient's ability to pay

 

 

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1but in no case to exceed the actual cost of the services
2provided. Additionally, any portion of a person's income which
3is equal to or less than the federal poverty standard shall not
4be considered by the Department in determining the copayment.
5The level of such copayment shall be adjusted whenever
6necessary to reflect any change in the officially designated
7federal poverty standard.
8    The Department, or the Department's authorized
9representative, may recover the amount of moneys expended for
10services provided to or in behalf of a person under this
11Section by a claim against the person's estate or against the
12estate of the person's surviving spouse, but no recovery may
13be had until after the death of the surviving spouse, if any,
14and then only at such time when there is no surviving child who
15is under age 21 or blind or who has a permanent and total
16disability. This paragraph, however, shall not bar recovery,
17at the death of the person, of moneys for services provided to
18the person or in behalf of the person under this Section to
19which the person was not entitled; provided that such recovery
20shall not be enforced against any real estate while it is
21occupied as a homestead by the surviving spouse or other
22dependent, if no claims by other creditors have been filed
23against the estate, or, if such claims have been filed, they
24remain dormant for failure of prosecution or failure of the
25claimant to compel administration of the estate for the
26purpose of payment. This paragraph shall not bar recovery from

 

 

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1the estate of a spouse, under Sections 1915 and 1924 of the
2Social Security Act and Section 5-4 of the Illinois Public Aid
3Code, who precedes a person receiving services under this
4Section in death. All moneys for services paid to or in behalf
5of the person under this Section shall be claimed for recovery
6from the deceased spouse's estate. "Homestead", as used in
7this paragraph, means the dwelling house and contiguous real
8estate occupied by a surviving spouse or relative, as defined
9by the rules and regulations of the Department of Healthcare
10and Family Services, regardless of the value of the property.
11    The Department shall increase the effectiveness of the
12existing Community Care Program by:
13        (1) ensuring that in-home services included in the
14    care plan are available on evenings and weekends;
15        (2) ensuring that care plans contain the services that
16    eligible participants need based on the number of days in
17    a month, not limited to specific blocks of time, as
18    identified by the comprehensive assessment tool selected
19    by the Department for use statewide, not to exceed the
20    total monthly service cost maximum allowed for each
21    service; the Department shall develop administrative rules
22    to implement this item (2);
23        (3) ensuring that the participants have the right to
24    choose the services contained in their care plan and to
25    direct how those services are provided, based on
26    administrative rules established by the Department;

 

 

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1        (4) ensuring that the determination of need tool is
2    accurate in determining the participants' level of need;
3    to achieve this, the Department, in conjunction with the
4    Older Adult Services Advisory Committee, shall institute a
5    study of the relationship between the Determination of
6    Need scores, level of need, service cost maximums, and the
7    development and utilization of service plans no later than
8    May 1, 2008; findings and recommendations shall be
9    presented to the Governor and the General Assembly no
10    later than January 1, 2009; recommendations shall include
11    all needed changes to the service cost maximums schedule
12    and additional covered services;
13        (5) ensuring that homemakers can provide personal care
14    services that may or may not involve contact with clients,
15    including, but not limited to:
16            (A) bathing;
17            (B) grooming;
18            (C) toileting;
19            (D) nail care;
20            (E) transferring;
21            (F) respiratory services;
22            (G) exercise; or
23            (H) positioning;
24        (6) ensuring that homemaker program vendors are not
25    restricted from hiring homemakers who are family members
26    of clients or recommended by clients; the Department may

 

 

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1    not, by rule or policy, require homemakers who are family
2    members of clients or recommended by clients to accept
3    assignments in homes other than the client;
4        (7) ensuring that the State may access maximum federal
5    matching funds by seeking approval for the Centers for
6    Medicare and Medicaid Services for modifications to the
7    State's home and community based services waiver and
8    additional waiver opportunities, including applying for
9    enrollment in the Balance Incentive Payment Program by May
10    1, 2013, in order to maximize federal matching funds; this
11    shall include, but not be limited to, modification that
12    reflects all changes in the Community Care Program
13    services and all increases in the services cost maximum;
14        (8) ensuring that the determination of need tool
15    accurately reflects the service needs of individuals with
16    Alzheimer's disease and related dementia disorders;
17        (9) ensuring that services are authorized accurately
18    and consistently for the Community Care Program (CCP); the
19    Department shall implement a Service Authorization policy
20    directive; the purpose shall be to ensure that eligibility
21    and services are authorized accurately and consistently in
22    the CCP program; the policy directive shall clarify
23    service authorization guidelines to Care Coordination
24    Units and Community Care Program providers no later than
25    May 1, 2013;
26        (10) working in conjunction with Care Coordination

 

 

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1    Units, the Department of Healthcare and Family Services,
2    the Department of Human Services, Community Care Program
3    providers, and other stakeholders to make improvements to
4    the Medicaid claiming processes and the Medicaid
5    enrollment procedures or requirements as needed,
6    including, but not limited to, specific policy changes or
7    rules to improve the up-front enrollment of participants
8    in the Medicaid program and specific policy changes or
9    rules to insure more prompt submission of bills to the
10    federal government to secure maximum federal matching
11    dollars as promptly as possible; the Department on Aging
12    shall have at least 3 meetings with stakeholders by
13    January 1, 2014 in order to address these improvements;
14        (11) requiring home care service providers to comply
15    with the rounding of hours worked provisions under the
16    federal Fair Labor Standards Act (FLSA) and as set forth
17    in 29 CFR 785.48(b) by May 1, 2013;
18        (12) implementing any necessary policy changes or
19    promulgating any rules, no later than January 1, 2014, to
20    assist the Department of Healthcare and Family Services in
21    moving as many participants as possible, consistent with
22    federal regulations, into coordinated care plans if a care
23    coordination plan that covers long term care is available
24    in the recipient's area; and
25        (13) maintaining fiscal year 2014 rates at the same
26    level established on January 1, 2013.

 

 

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1    By January 1, 2009 or as soon after the end of the Cash and
2Counseling Demonstration Project as is practicable, the
3Department may, based on its evaluation of the demonstration
4project, promulgate rules concerning personal assistant
5services, to include, but need not be limited to,
6qualifications, employment screening, rights under fair labor
7standards, training, fiduciary agent, and supervision
8requirements. All applicants shall be subject to the
9provisions of the Health Care Worker Background Check Act.
10    The Department shall develop procedures to enhance
11availability of services on evenings, weekends, and on an
12emergency basis to meet the respite needs of caregivers.
13Procedures shall be developed to permit the utilization of
14services in successive blocks of 24 hours up to the monthly
15maximum established by the Department. Workers providing these
16services shall be appropriately trained.
17    Beginning on September 23, 1991 (the effective date of
18Public Act 87-729) this amendatory Act of 1991, no person may
19perform chore/housekeeping and home care aide services under a
20program authorized by this Section unless that person has been
21issued a certificate of pre-service to do so by his or her
22employing agency. Information gathered to effect such
23certification shall include (i) the person's name, (ii) the
24date the person was hired by his or her current employer, and
25(iii) the training, including dates and levels. Persons
26engaged in the program authorized by this Section before the

 

 

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1effective date of this amendatory Act of 1991 shall be issued a
2certificate of all pre-service pre- and in-service training
3from his or her employer upon submitting the necessary
4information. The employing agency shall be required to retain
5records of all staff pre-service pre- and in-service training,
6and shall provide such records to the Department upon request
7and upon termination of the employer's contract with the
8Department. In addition, the employing agency is responsible
9for the issuance of certifications of in-service training
10completed to their employees.
11    The Department is required to develop a system to ensure
12that persons working as home care aides and personal
13assistants receive increases in their wages when the federal
14minimum wage is increased by requiring vendors to certify that
15they are meeting the federal minimum wage statute for home
16care aides and personal assistants. An employer that cannot
17ensure that the minimum wage increase is being given to home
18care aides and personal assistants shall be denied any
19increase in reimbursement costs.
20    The Community Care Program Advisory Committee is created
21in the Department on Aging. The Director shall appoint
22individuals to serve in the Committee, who shall serve at
23their own expense. Members of the Committee must abide by all
24applicable ethics laws. The Committee shall advise the
25Department on issues related to the Department's program of
26services to prevent unnecessary institutionalization. The

 

 

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1Committee shall meet on a bi-monthly basis and shall serve to
2identify and advise the Department on present and potential
3issues affecting the service delivery network, the program's
4clients, and the Department and to recommend solution
5strategies. Persons appointed to the Committee shall be
6appointed on, but not limited to, their own and their agency's
7experience with the program, geographic representation, and
8willingness to serve. The Director shall appoint members to
9the Committee to represent provider, advocacy, policy
10research, and other constituencies committed to the delivery
11of high quality home and community-based services to older
12adults. Representatives shall be appointed to ensure
13representation from community care providers, including, but
14not limited to, adult day service providers, homemaker
15providers, case coordination and case management units,
16emergency home response providers, statewide trade or labor
17unions that represent home care aides and direct care staff,
18area agencies on aging, adults over age 60, membership
19organizations representing older adults, and other
20organizational entities, providers of care, or individuals
21with demonstrated interest and expertise in the field of home
22and community care as determined by the Director.
23    Nominations may be presented from any agency or State
24association with interest in the program. The Director, or his
25or her designee, shall serve as the permanent co-chair of the
26advisory committee. One other co-chair shall be nominated and

 

 

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1approved by the members of the committee on an annual basis.
2Committee members' terms of appointment shall be for 4 years
3with one-quarter of the appointees' terms expiring each year.
4A member shall continue to serve until his or her replacement
5is named. The Department shall fill vacancies that have a
6remaining term of over one year, and this replacement shall
7occur through the annual replacement of expiring terms. The
8Director shall designate Department staff to provide technical
9assistance and staff support to the committee. Department
10representation shall not constitute membership of the
11committee. All Committee papers, issues, recommendations,
12reports, and meeting memoranda are advisory only. The
13Director, or his or her designee, shall make a written report,
14as requested by the Committee, regarding issues before the
15Committee.
16    The Department on Aging and the Department of Human
17Services shall cooperate in the development and submission of
18an annual report on programs and services provided under this
19Section. Such joint report shall be filed with the Governor
20and the General Assembly on or before March 31 of the following
21fiscal year.
22    The requirement for reporting to the General Assembly
23shall be satisfied by filing copies of the report as required
24by Section 3.1 of the General Assembly Organization Act and
25filing such additional copies with the State Government Report
26Distribution Center for the General Assembly as is required

 

 

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1under paragraph (t) of Section 7 of the State Library Act.
2    Those persons previously found eligible for receiving
3non-institutional services whose services were discontinued
4under the Emergency Budget Act of Fiscal Year 1992, and who do
5not meet the eligibility standards in effect on or after July
61, 1992, shall remain ineligible on and after July 1, 1992.
7Those persons previously not required to cost-share and who
8were required to cost-share effective March 1, 1992, shall
9continue to meet cost-share requirements on and after July 1,
101992. Beginning July 1, 1992, all clients will be required to
11meet eligibility, cost-share, and other requirements and will
12have services discontinued or altered when they fail to meet
13these requirements.
14    For the purposes of this Section, "flexible senior
15services" refers to services that require one-time or periodic
16expenditures, including, but not limited to, respite care,
17home modification, assistive technology, housing assistance,
18and transportation.
19    The Department shall implement an electronic service
20verification based on global positioning systems or other
21cost-effective technology for the Community Care Program no
22later than January 1, 2014.
23    The Department shall require, as a condition of
24eligibility, enrollment in the medical assistance program
25under Article V of the Illinois Public Aid Code (i) beginning
26August 1, 2013, if the Auditor General has reported that the

 

 

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1Department has failed to comply with the reporting
2requirements of Section 2-27 of the Illinois State Auditing
3Act; or (ii) beginning June 1, 2014, if the Auditor General has
4reported that the Department has not undertaken the required
5actions listed in the report required by subsection (a) of
6Section 2-27 of the Illinois State Auditing Act.
7    The Department shall delay Community Care Program services
8until an applicant is determined eligible for medical
9assistance under Article V of the Illinois Public Aid Code (i)
10beginning August 1, 2013, if the Auditor General has reported
11that the Department has failed to comply with the reporting
12requirements of Section 2-27 of the Illinois State Auditing
13Act; or (ii) beginning June 1, 2014, if the Auditor General has
14reported that the Department has not undertaken the required
15actions listed in the report required by subsection (a) of
16Section 2-27 of the Illinois State Auditing Act.
17    The Department shall implement co-payments for the
18Community Care Program at the federally allowable maximum
19level (i) beginning August 1, 2013, if the Auditor General has
20reported that the Department has failed to comply with the
21reporting requirements of Section 2-27 of the Illinois State
22Auditing Act; or (ii) beginning June 1, 2014, if the Auditor
23General has reported that the Department has not undertaken
24the required actions listed in the report required by
25subsection (a) of Section 2-27 of the Illinois State Auditing
26Act.

 

 

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1    The Department shall continue to provide other Community
2Care Program reports as required by statute.
3    The Department shall conduct a quarterly review of Care
4Coordination Unit performance and adherence to service
5guidelines. The quarterly review shall be reported to the
6Speaker of the House of Representatives, the Minority Leader
7of the House of Representatives, the President of the Senate,
8and the Minority Leader of the Senate. The Department shall
9collect and report longitudinal data on the performance of
10each care coordination unit. Nothing in this paragraph shall
11be construed to require the Department to identify specific
12care coordination units.
13    In regard to community care providers, failure to comply
14with Department on Aging policies shall be cause for
15disciplinary action, including, but not limited to,
16disqualification from serving Community Care Program clients.
17Each provider, upon submission of any bill or invoice to the
18Department for payment for services rendered, shall include a
19notarized statement, under penalty of perjury pursuant to
20Section 1-109 of the Code of Civil Procedure, that the
21provider has complied with all Department policies.
22    The Director of the Department on Aging shall make
23information available to the State Board of Elections as may
24be required by an agreement the State Board of Elections has
25entered into with a multi-state voter registration list
26maintenance system.

 

 

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1    Within 30 days after July 6, 2017 (the effective date of
2Public Act 100-23), rates shall be increased to $18.29 per
3hour, for the purpose of increasing, by at least $.72 per hour,
4the wages paid by those vendors to their employees who provide
5homemaker services. The Department shall pay an enhanced rate
6under the Community Care Program to those in-home service
7provider agencies that offer health insurance coverage as a
8benefit to their direct service worker employees consistent
9with the mandates of Public Act 95-713. For State fiscal years
102018 and 2019, the enhanced rate shall be $1.77 per hour. The
11rate shall be adjusted using actuarial analysis based on the
12cost of care, but shall not be set below $1.77 per hour. The
13Department shall adopt rules, including emergency rules under
14subsections (y) and (bb) of Section 5-45 of the Illinois
15Administrative Procedure Act, to implement the provisions of
16this paragraph.
17    Subject to federal approval, beginning on January 1, 2024,
18rates for adult day services shall be increased to $16.84 per
19hour and rates for each way transportation services for adult
20day services shall be increased to $12.44 per unit
21transportation.
22    Subject to federal approval, on and after January 1, 2024,
23rates for homemaker services shall be increased to $28.07 to
24sustain a minimum wage of $17 per hour for direct service
25workers. Rates in subsequent State fiscal years shall be no
26lower than the rates put into effect upon federal approval.

 

 

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1Providers of in-home services shall be required to certify to
2the Department that they remain in compliance with the
3mandated wage increase for direct service workers. Fringe
4benefits, including, but not limited to, paid time off and
5payment for training, health insurance, travel, or
6transportation, shall not be reduced in relation to the rate
7increases described in this paragraph.
8    The General Assembly finds it necessary to authorize an
9aggressive Medicaid enrollment initiative designed to maximize
10federal Medicaid funding for the Community Care Program which
11produces significant savings for the State of Illinois. The
12Department on Aging shall establish and implement a Community
13Care Program Medicaid Initiative. Under the Initiative, the
14Department on Aging shall, at a minimum: (i) provide an
15enhanced rate to adequately compensate care coordination units
16to enroll eligible Community Care Program clients into
17Medicaid; (ii) use recommendations from a stakeholder
18committee on how best to implement the Initiative; and (iii)
19establish requirements for State agencies to make enrollment
20in the State's Medical Assistance program easier for seniors.
21    The Community Care Program Medicaid Enrollment Oversight
22Subcommittee is created as a subcommittee of the Older Adult
23Services Advisory Committee established in Section 35 of the
24Older Adult Services Act to make recommendations on how best
25to increase the number of medical assistance recipients who
26are enrolled in the Community Care Program. The Subcommittee

 

 

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1shall consist of all of the following persons who must be
2appointed within 30 days after June 4, 2018 (the effective
3date of Public Act 100-587) this amendatory Act of the 100th
4General Assembly:
5        (1) The Director of Aging, or his or her designee, who
6    shall serve as the chairperson of the Subcommittee.
7        (2) One representative of the Department of Healthcare
8    and Family Services, appointed by the Director of
9    Healthcare and Family Services.
10        (3) One representative of the Department of Human
11    Services, appointed by the Secretary of Human Services.
12        (4) One individual representing a care coordination
13    unit, appointed by the Director of Aging.
14        (5) One individual from a non-governmental statewide
15    organization that advocates for seniors, appointed by the
16    Director of Aging.
17        (6) One individual representing Area Agencies on
18    Aging, appointed by the Director of Aging.
19        (7) One individual from a statewide association
20    dedicated to Alzheimer's care, support, and research,
21    appointed by the Director of Aging.
22        (8) One individual from an organization that employs
23    persons who provide services under the Community Care
24    Program, appointed by the Director of Aging.
25        (9) One member of a trade or labor union representing
26    persons who provide services under the Community Care

 

 

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1    Program, appointed by the Director of Aging.
2        (10) One member of the Senate, who shall serve as
3    co-chairperson, appointed by the President of the Senate.
4        (11) One member of the Senate, who shall serve as
5    co-chairperson, appointed by the Minority Leader of the
6    Senate.
7        (12) One member of the House of Representatives, who
8    shall serve as co-chairperson, appointed by the Speaker of
9    the House of Representatives.
10        (13) One member of the House of Representatives, who
11    shall serve as co-chairperson, appointed by the Minority
12    Leader of the House of Representatives.
13        (14) One individual appointed by a labor organization
14    representing frontline employees at the Department of
15    Human Services.
16    The Subcommittee shall provide oversight to the Community
17Care Program Medicaid Initiative and shall meet quarterly. At
18each Subcommittee meeting the Department on Aging shall
19provide the following data sets to the Subcommittee: (A) the
20number of Illinois residents, categorized by planning and
21service area, who are receiving services under the Community
22Care Program and are enrolled in the State's Medical
23Assistance Program; (B) the number of Illinois residents,
24categorized by planning and service area, who are receiving
25services under the Community Care Program, but are not
26enrolled in the State's Medical Assistance Program; and (C)

 

 

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1the number of Illinois residents, categorized by planning and
2service area, who are receiving services under the Community
3Care Program and are eligible for benefits under the State's
4Medical Assistance Program, but are not enrolled in the
5State's Medical Assistance Program. In addition to this data,
6the Department on Aging shall provide the Subcommittee with
7plans on how the Department on Aging will reduce the number of
8Illinois residents who are not enrolled in the State's Medical
9Assistance Program but who are eligible for medical assistance
10benefits. The Department on Aging shall enroll in the State's
11Medical Assistance Program those Illinois residents who
12receive services under the Community Care Program and are
13eligible for medical assistance benefits but are not enrolled
14in the State's Medicaid Assistance Program. The data provided
15to the Subcommittee shall be made available to the public via
16the Department on Aging's website.
17    The Department on Aging, with the involvement of the
18Subcommittee, shall collaborate with the Department of Human
19Services and the Department of Healthcare and Family Services
20on how best to achieve the responsibilities of the Community
21Care Program Medicaid Initiative.
22    The Department on Aging, the Department of Human Services,
23and the Department of Healthcare and Family Services shall
24coordinate and implement a streamlined process for seniors to
25access benefits under the State's Medical Assistance Program.
26    The Subcommittee shall collaborate with the Department of

 

 

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1Human Services on the adoption of a uniform application
2submission process. The Department of Human Services and any
3other State agency involved with processing the medical
4assistance application of any person enrolled in the Community
5Care Program shall include the appropriate care coordination
6unit in all communications related to the determination or
7status of the application.
8    The Community Care Program Medicaid Initiative shall
9provide targeted funding to care coordination units to help
10seniors complete their applications for medical assistance
11benefits. On and after July 1, 2019, care coordination units
12shall receive no less than $200 per completed application,
13which rate may be included in a bundled rate for initial intake
14services when Medicaid application assistance is provided in
15conjunction with the initial intake process for new program
16participants.
17    The Community Care Program Medicaid Initiative shall cease
18operation 5 years after June 4, 2018 (the effective date of
19Public Act 100-587) this amendatory Act of the 100th General
20Assembly, after which the Subcommittee shall dissolve.
21    Effective July 1, 2023, subject to federal approval, the
22Department on Aging shall reimburse Care Coordination Units at
23the following rates for case management services: $252.40 for
24each initial assessment; $366.40 for each initial assessment
25with translation; $229.68 for each redetermination assessment;
26$313.68 for each redetermination assessment with translation;

 

 

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1$200.00 for each completed application for medical assistance
2benefits; $132.26 for each face-to-face, choices-for-care
3screening; $168.26 for each face-to-face, choices-for-care
4screening with translation; $124.56 for each 6-month,
5face-to-face visit; $132.00 for each MCO participant
6eligibility determination; and $157.00 for each MCO
7participant eligibility determination with translation.
8(Source: P.A. 102-1071, eff. 6-10-22; 103-8, eff. 6-7-23;
9103-102, Article 45, Section 45-5, eff. 1-1-24; 103-102,
10Article 85, Section 85-5, eff. 1-1-24; 103-102, Article 90,
11Section 90-5, eff. 1-1-24; revised 12-12-23.)
 
12    Section 65. The Personnel Code is amended by changing
13Sections 8a, 8b.3, 8b.9, 8b.10, and 9 as follows:
 
14    (20 ILCS 415/8a)  (from Ch. 127, par. 63b108a)
15    Sec. 8a. Jurisdiction A; classification Jurisdiction A -
16Classification and pay. For positions in the State service
17subject to the jurisdiction of the Department of Central
18Management Services with respect to the classification and
19pay:
20        (1) For the preparation, maintenance, and revision by
21    the Director, subject to approval by the Commission, of a
22    position classification plan for all positions subject to
23    this Code Act, based upon similarity of duties performed,
24    responsibilities assigned, and conditions of employment so

 

 

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1    that the same schedule of pay may be equitably applied to
2    all positions in the same class. However, the pay of an
3    employee whose position is reduced in rank or grade by
4    reallocation because of a loss of duties or
5    responsibilities after his appointment to such position
6    shall not be required to be lowered for a period of one
7    year after the reallocation of his position. Conditions of
8    employment shall not be used as a factor in the
9    classification of any position heretofore paid under the
10    provisions of Section 1.22 of "An Act to standardize
11    position titles and salary rates", approved June 30, 1943,
12    as amended. Unless the Commission disapproves such
13    classification plan within 60 days, or any revision
14    thereof within 30 days, the Director shall allocate every
15    such position to one of the classes in the plan. Any
16    employee affected by the allocation of a position to a
17    class shall, after filing with the Director of Central
18    Management Services a written request for reconsideration
19    thereof in such manner and form as the Director may
20    prescribe, be given a reasonable opportunity to be heard
21    by the Director. If the employee does not accept the
22    allocation of the position, he shall then have the right
23    of appeal to the Civil Service Commission.
24        (2) For a pay plan to be prepared by the Director for
25    all employees subject to this Code Act after consultation
26    with operating agency heads and the Director of the

 

 

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1    Governor's Office of Management and Budget. Such pay plan
2    may include provisions for uniformity of starting pay, an
3    increment plan, area differentials, a delay not to exceed
4    one year prior to the reduction of the pay of employees
5    whose positions are reduced in rank or grade by
6    reallocation because of a loss of duties or
7    responsibilities after their appointments to such
8    positions, prevailing rates of wages in those
9    classifications in which employers are now paying or may
10    hereafter pay such rates of wage and other provisions.
11    Such pay plan shall become effective only after it has
12    been approved by the Governor. Amendments to the pay plan
13    shall be made in the same manner. Such pay plan shall
14    provide that each employee shall be paid at one of the
15    rates set forth in the pay plan for the class of position
16    in which he is employed, subject to delay in the reduction
17    of pay of employees whose positions are reduced in rank or
18    grade by allocation as above set forth in this Section.
19    Such pay plan shall provide for a fair and reasonable
20    compensation for services rendered.
21    This Section is inapplicable to the position of Assistant
22Director of Healthcare and Family Services in the Department
23of Healthcare and Family Services. The salary for this
24position shall be as established in the "The Civil
25Administrative Code of Illinois", approved March 7, 1917, as
26amended.

 

 

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1(Source: P.A. 94-793, eff. 5-19-06; 95-331, eff. 8-21-07;
2revised 9-20-23.)
 
3    (20 ILCS 415/8b.3)  (from Ch. 127, par. 63b108b.3)
4    Sec. 8b.3. For assessment of employees with contractual
5rights under a collective bargaining agreement to determine
6those candidates who are eligible for appointment and
7promotion and their relative excellence. Assessments, which
8are the determination of whether an individual meets the
9minimum qualifications as determined by the class
10specification of the position for which they are being
11considered, shall be designed to objectively eliminate those
12who are not qualified for the position into which they are
13applying and to discover the relative fitness of those who are
14qualified. The Director may substitute rankings, such as
15superior, excellent, well-qualified, and qualified, for
16numerical ratings and establish qualification assessments or
17assessment equivalents accordingly. The Department may adopt
18rules regarding the assessment of applicants and the
19appointment of qualified candidates. Adopted rules shall be
20interpreted to be consistent with collective bargaining
21agreements.
22(Source: P.A. 103-108, eff. 6-27-23; revised 9-20-23.)
 
23    (20 ILCS 415/8b.9)  (from Ch. 127, par. 63b108b.9)
24    Sec. 8b.9. For temporary appointments to any positions in

 

 

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1the State service which are determined to be temporary or
2seasonal in nature by the Director of Central Management
3Services. Temporary appointments may be made for not more than
46 months. No position in the State service may be filled by
5temporary appointment for more than 6 months out of any
612-month 12 month period.
7(Source: P.A. 103-108, eff. 6-27-23; revised 9-20-23.)
 
8    (20 ILCS 415/8b.10)  (from Ch. 127, par. 63b108b.10)
9    Sec. 8b.10. For provisional appointment to a position
10without competitive qualification assessment. No position
11within jurisdiction B may be filled by provisional appointment
12for longer than 6 months out of any 12-month 12 month period.
13(Source: P.A. 103-108, eff. 6-27-23; revised 9-20-23.)
 
14    (20 ILCS 415/9)  (from Ch. 127, par. 63b109)
15    Sec. 9. Director; , powers and duties. The Director, as
16executive head of the Department, shall direct and supervise
17all its administrative and technical activities. In addition
18to the duties imposed upon him elsewhere in this Code law, it
19shall be his duty:
20        (1) To apply and carry out this Code law and the rules
21    adopted thereunder.
22        (2) To attend meetings of the Commission.
23        (3) To establish and maintain a roster of all
24    employees subject to this Code Act, in which there shall

 

 

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1    be set forth, as to each employee, the class, title, pay,
2    status, and other pertinent data.
3        (4) To appoint, subject to the provisions of this Code
4    Act, such employees of the Department and such experts and
5    special assistants as may be necessary to carry out
6    effectively this Code law.
7        (5) Subject to such exemptions or modifications as may
8    be necessary to assure the continuity of federal
9    contributions in those agencies supported in whole or in
10    part by federal funds, to make appointments to vacancies;
11    to approve all written charges seeking discharge,
12    demotion, or other disciplinary measures provided in this
13    Code Act and to approve transfers of employees from one
14    geographical area to another in the State, in offices,
15    positions or places of employment covered by this Code
16    Act, after consultation with the operating unit.
17        (6) To formulate and administer service wide policies
18    and programs for the improvement of employee
19    effectiveness, including training, safety, health,
20    incentive recognition, counseling, welfare, and employee
21    relations. The Department shall formulate and administer
22    recruitment plans and testing of potential employees for
23    agencies having direct contact with significant numbers of
24    non-English speaking or otherwise culturally distinct
25    persons. The Department shall require each State agency to
26    annually assess the need for employees with appropriate

 

 

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1    bilingual capabilities to serve the significant numbers of
2    non-English speaking or culturally distinct persons. The
3    Department shall develop a uniform procedure for assessing
4    an agency's need for employees with appropriate bilingual
5    capabilities. Agencies shall establish occupational titles
6    or designate positions as "bilingual option" for persons
7    having sufficient linguistic ability or cultural knowledge
8    to be able to render effective service to such persons.
9    The Department shall ensure that any such option is
10    exercised according to the agency's needs assessment and
11    the requirements of this Code. The Department shall make
12    annual reports of the needs assessment of each agency and
13    the number of positions calling for non-English linguistic
14    ability to whom vacancy postings were sent, and the number
15    filled by each agency. Such policies and programs shall be
16    subject to approval by the Governor, provided that for
17    needs that require a certain linguistic ability that: (i)
18    have not been met for a posted position for a period of at
19    least one year; or (ii) arise when an individual's health
20    or safety would be placed in immediate risk, the
21    Department shall accept certifications of linguistic
22    competence from pre-approved third parties. To facilitate
23    expanding the scope of sources to demonstrate linguistic
24    competence, the Department shall issue standards for
25    demonstrating linguistic competence. No later than January
26    2024, the Department shall authorize at least one if not

 

 

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1    more community colleges in the regions involving the
2    counties of Cook, Lake, McHenry, Kane, DuPage, Kendall,
3    Will, Sangamon, and 5 other geographically distributed
4    counties within the State to pre-test and certify
5    linguistic ability, and such certifications by candidates
6    shall be presumed to satisfy the linguistic ability
7    requirements for the job position. Such policies, program
8    reports and needs assessment reports, as well as
9    linguistic certification standards, shall be filed with
10    the General Assembly by January 1 of each year and shall be
11    available to the public.
12        The Department shall include within the report
13    required above the number of persons receiving the
14    bilingual pay supplement established by Section 8a.2 of
15    this Code. The report shall provide the number of persons
16    receiving the bilingual pay supplement for languages other
17    than English and for signing. The report shall also
18    indicate the number of persons, by the categories of
19    Hispanic and non-Hispanic, who are receiving the bilingual
20    pay supplement for language skills other than signing, in
21    a language other than English.
22        (7) To conduct negotiations affecting pay, hours of
23    work, or other working conditions of employees subject to
24    this Code Act.
25        (8) To make continuing studies to improve the
26    efficiency of State services to the residents of Illinois,

 

 

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1    including, but not limited to, those who are non-English
2    speaking or culturally distinct, and to report his
3    findings and recommendations to the Commission and the
4    Governor.
5        (9) To investigate from time to time the operation and
6    effect of this Code law and the rules made thereunder and
7    to report his findings and recommendations to the
8    Commission and to the Governor.
9        (10) To make an annual report regarding the work of
10    the Department, and such special reports as he may
11    consider desirable, to the Commission and to the Governor,
12    or as the Governor or Commission may request.
13        (11) To make continuing studies to encourage State
14    employment for persons with disabilities, including, but
15    not limited to, the Successful Disability Opportunities
16    Program.
17        (12) To make available, on the CMS website or its
18    equivalent, no less frequently than quarterly, information
19    regarding all exempt positions in State service and
20    information showing the number of employees who are exempt
21    from merit selection and non-exempt from merit selection
22    in each department.
23        (13) To establish policies to increase the flexibility
24    of the State workforce for every department or agency
25    subject to Jurisdiction C, including the use of flexible
26    time, location, workloads, and positions. The Director and

 

 

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1    the director of each department or agency shall together
2    establish quantifiable goals to increase workforce
3    flexibility in each department or agency. To authorize in
4    every department or agency subject to Jurisdiction C the
5    use of flexible hours positions. A flexible hours position
6    is one that does not require an ordinary work schedule as
7    determined by the Department and includes, but is not
8    limited to: (1) 1) a part time job of 20 hours or more per
9    week, (2) 2) a job which is shared by 2 employees or a
10    compressed work week consisting of an ordinary number of
11    working hours performed on fewer than the number of days
12    ordinarily required to perform that job. The Department
13    may define flexible time to include other types of jobs
14    that are defined above.
15        The Director and the director of each department or
16    agency shall together establish goals for flexible hours
17    positions to be available in every department or agency.
18        The Department shall give technical assistance to
19    departments and agencies in achieving their goals, and
20    shall report to the Governor and the General Assembly each
21    year on the progress of each department and agency.
22        When a goal of 10% of the positions in a department or
23    agency being available on a flexible hours basis has been
24    reached, the Department shall evaluate the effectiveness
25    and efficiency of the program and determine whether to
26    expand the number of positions available for flexible

 

 

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1    hours to 20%.
2        When a goal of 20% of the positions in a department or
3    agency being available on a flexible hours basis has been
4    reached, the Department shall evaluate the effectiveness
5    and efficiency of the program and determine whether to
6    expand the number of positions available for flexible
7    hours.
8        (14) To perform any other lawful acts which he may
9    consider necessary or desirable to carry out the purposes
10    and provisions of this Code law.
11    (15) When a vacancy rate is greater than or equal to 10%
12for a given position, the Department shall review the
13educational and other requirements for the position to
14determine if modifications need to be made.
15    The requirement for reporting to the General Assembly
16shall be satisfied by filing copies of the report as required
17by Section 3.1 of the General Assembly Organization Act, and
18filing such additional copies with the State Government Report
19Distribution Center for the General Assembly as is required
20under paragraph (t) of Section 7 of the State Library Act.
21(Source: P.A. 102-952, eff. 1-1-23; 103-108, eff. 6-27-23;
22revised 9-20-23.)
 
23    Section 70. The Children and Family Services Act is
24amended by changing Sections 5, 5d, 7.4, 17, and 21 as follows:
 

 

 

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1    (20 ILCS 505/5)
2    Sec. 5. Direct child welfare services; Department of
3Children and Family Services. To provide direct child welfare
4services when not available through other public or private
5child care or program facilities.
6    (a) For purposes of this Section:
7        (1) "Children" means persons found within the State
8    who are under the age of 18 years. The term also includes
9    persons under age 21 who:
10            (A) were committed to the Department pursuant to
11        the Juvenile Court Act or the Juvenile Court Act of
12        1987 and who continue under the jurisdiction of the
13        court; or
14            (B) were accepted for care, service and training
15        by the Department prior to the age of 18 and whose best
16        interest in the discretion of the Department would be
17        served by continuing that care, service and training
18        because of severe emotional disturbances, physical
19        disability, social adjustment or any combination
20        thereof, or because of the need to complete an
21        educational or vocational training program.
22        (2) "Homeless youth" means persons found within the
23    State who are under the age of 19, are not in a safe and
24    stable living situation and cannot be reunited with their
25    families.
26        (3) "Child welfare services" means public social

 

 

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1    services which are directed toward the accomplishment of
2    the following purposes:
3            (A) protecting and promoting the health, safety
4        and welfare of children, including homeless,
5        dependent, or neglected children;
6            (B) remedying, or assisting in the solution of
7        problems which may result in, the neglect, abuse,
8        exploitation, or delinquency of children;
9            (C) preventing the unnecessary separation of
10        children from their families by identifying family
11        problems, assisting families in resolving their
12        problems, and preventing the breakup of the family
13        where the prevention of child removal is desirable and
14        possible when the child can be cared for at home
15        without endangering the child's health and safety;
16            (D) restoring to their families children who have
17        been removed, by the provision of services to the
18        child and the families when the child can be cared for
19        at home without endangering the child's health and
20        safety;
21            (E) placing children in suitable permanent family
22        arrangements, through guardianship or adoption, in
23        cases where restoration to the birth family is not
24        safe, possible, or appropriate;
25            (F) at the time of placement, conducting
26        concurrent planning, as described in subsection (l-1)

 

 

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1        of this Section, so that permanency may occur at the
2        earliest opportunity. Consideration should be given so
3        that if reunification fails or is delayed, the
4        placement made is the best available placement to
5        provide permanency for the child;
6            (G) (blank);
7            (H) (blank); and
8            (I) placing and maintaining children in facilities
9        that provide separate living quarters for children
10        under the age of 18 and for children 18 years of age
11        and older, unless a child 18 years of age is in the
12        last year of high school education or vocational
13        training, in an approved individual or group treatment
14        program, in a licensed shelter facility, or secure
15        child care facility. The Department is not required to
16        place or maintain children:
17                (i) who are in a foster home, or
18                (ii) who are persons with a developmental
19            disability, as defined in the Mental Health and
20            Developmental Disabilities Code, or
21                (iii) who are female children who are
22            pregnant, pregnant and parenting, or parenting, or
23                (iv) who are siblings, in facilities that
24            provide separate living quarters for children 18
25            years of age and older and for children under 18
26            years of age.

 

 

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1    (b) (Blank).
2    (b-5) The Department shall adopt rules to establish a
3process for all licensed residential providers in Illinois to
4submit data as required by the Department, if they contract or
5receive reimbursement for children's mental health, substance
6use, and developmental disability services from the Department
7of Human Services, the Department of Juvenile Justice, or the
8Department of Healthcare and Family Services. The requested
9data must include, but is not limited to, capacity, staffing,
10and occupancy data for the purpose of establishing State need
11and placement availability.
12    All information collected, shared, or stored pursuant to
13this subsection shall be handled in accordance with all State
14and federal privacy laws and accompanying regulations and
15rules, including without limitation the federal Health
16Insurance Portability and Accountability Act of 1996 (Public
17Law 104-191) and the Mental Health and Developmental
18Disabilities Confidentiality Act.
19    (c) The Department shall establish and maintain
20tax-supported child welfare services and extend and seek to
21improve voluntary services throughout the State, to the end
22that services and care shall be available on an equal basis
23throughout the State to children requiring such services.
24    (d) The Director may authorize advance disbursements for
25any new program initiative to any agency contracting with the
26Department. As a prerequisite for an advance disbursement, the

 

 

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1contractor must post a surety bond in the amount of the advance
2disbursement and have a purchase of service contract approved
3by the Department. The Department may pay up to 2 months
4operational expenses in advance. The amount of the advance
5disbursement shall be prorated over the life of the contract
6or the remaining months of the fiscal year, whichever is less,
7and the installment amount shall then be deducted from future
8bills. Advance disbursement authorizations for new initiatives
9shall not be made to any agency after that agency has operated
10during 2 consecutive fiscal years. The requirements of this
11Section concerning advance disbursements shall not apply with
12respect to the following: payments to local public agencies
13for child day care services as authorized by Section 5a of this
14Act; and youth service programs receiving grant funds under
15Section 17a-4.
16    (e) (Blank).
17    (f) (Blank).
18    (g) The Department shall establish rules and regulations
19concerning its operation of programs designed to meet the
20goals of child safety and protection, family preservation,
21family reunification, and adoption, including, but not limited
22to:
23        (1) adoption;
24        (2) foster care;
25        (3) family counseling;
26        (4) protective services;

 

 

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1        (5) (blank);
2        (6) homemaker service;
3        (7) return of runaway children;
4        (8) (blank);
5        (9) placement under Section 5-7 of the Juvenile Court
6    Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile
7    Court Act of 1987 in accordance with the federal Adoption
8    Assistance and Child Welfare Act of 1980; and
9        (10) interstate services.
10    Rules and regulations established by the Department shall
11include provisions for training Department staff and the staff
12of Department grantees, through contracts with other agencies
13or resources, in screening techniques to identify substance
14use disorders, as defined in the Substance Use Disorder Act,
15approved by the Department of Human Services, as a successor
16to the Department of Alcoholism and Substance Abuse, for the
17purpose of identifying children and adults who should be
18referred for an assessment at an organization appropriately
19licensed by the Department of Human Services for substance use
20disorder treatment.
21    (h) If the Department finds that there is no appropriate
22program or facility within or available to the Department for
23a youth in care and that no licensed private facility has an
24adequate and appropriate program or none agrees to accept the
25youth in care, the Department shall create an appropriate
26individualized, program-oriented plan for such youth in care.

 

 

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1The plan may be developed within the Department or through
2purchase of services by the Department to the extent that it is
3within its statutory authority to do.
4    (i) Service programs shall be available throughout the
5State and shall include but not be limited to the following
6services:
7        (1) case management;
8        (2) homemakers;
9        (3) counseling;
10        (4) parent education;
11        (5) day care; and
12        (6) emergency assistance and advocacy.
13    In addition, the following services may be made available
14to assess and meet the needs of children and families:
15        (1) comprehensive family-based services;
16        (2) assessments;
17        (3) respite care; and
18        (4) in-home health services.
19    The Department shall provide transportation for any of the
20services it makes available to children or families or for
21which it refers children or families.
22    (j) The Department may provide categories of financial
23assistance and education assistance grants, and shall
24establish rules and regulations concerning the assistance and
25grants, to persons who adopt children with physical or mental
26disabilities, children who are older, or other hard-to-place

 

 

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1children who (i) immediately prior to their adoption were
2youth in care or (ii) were determined eligible for financial
3assistance with respect to a prior adoption and who become
4available for adoption because the prior adoption has been
5dissolved and the parental rights of the adoptive parents have
6been terminated or because the child's adoptive parents have
7died. The Department may continue to provide financial
8assistance and education assistance grants for a child who was
9determined eligible for financial assistance under this
10subsection (j) in the interim period beginning when the
11child's adoptive parents died and ending with the finalization
12of the new adoption of the child by another adoptive parent or
13parents. The Department may also provide categories of
14financial assistance and education assistance grants, and
15shall establish rules and regulations for the assistance and
16grants, to persons appointed guardian of the person under
17Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
184-25, or 5-740 of the Juvenile Court Act of 1987 for children
19who were youth in care for 12 months immediately prior to the
20appointment of the guardian.
21    The amount of assistance may vary, depending upon the
22needs of the child and the adoptive parents, as set forth in
23the annual assistance agreement. Special purpose grants are
24allowed where the child requires special service but such
25costs may not exceed the amounts which similar services would
26cost the Department if it were to provide or secure them as

 

 

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1guardian of the child.
2    Any financial assistance provided under this subsection is
3inalienable by assignment, sale, execution, attachment,
4garnishment, or any other remedy for recovery or collection of
5a judgment or debt.
6    (j-5) The Department shall not deny or delay the placement
7of a child for adoption if an approved family is available
8either outside of the Department region handling the case, or
9outside of the State of Illinois.
10    (k) The Department shall accept for care and training any
11child who has been adjudicated neglected or abused, or
12dependent committed to it pursuant to the Juvenile Court Act
13or the Juvenile Court Act of 1987.
14    (l) The Department shall offer family preservation
15services, as defined in Section 8.2 of the Abused and
16Neglected Child Reporting Act, to help families, including
17adoptive and extended families. Family preservation services
18shall be offered (i) to prevent the placement of children in
19substitute care when the children can be cared for at home or
20in the custody of the person responsible for the children's
21welfare, (ii) to reunite children with their families, or
22(iii) to maintain an adoptive placement. Family preservation
23services shall only be offered when doing so will not endanger
24the children's health or safety. With respect to children who
25are in substitute care pursuant to the Juvenile Court Act of
261987, family preservation services shall not be offered if a

 

 

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1goal other than those of subdivisions (A), (B), or (B-1) of
2subsection (2) of Section 2-28 of that Act has been set, except
3that reunification services may be offered as provided in
4paragraph (F) of subsection (2) of Section 2-28 of that Act.
5Nothing in this paragraph shall be construed to create a
6private right of action or claim on the part of any individual
7or child welfare agency, except that when a child is the
8subject of an action under Article II of the Juvenile Court Act
9of 1987 and the child's service plan calls for services to
10facilitate achievement of the permanency goal, the court
11hearing the action under Article II of the Juvenile Court Act
12of 1987 may order the Department to provide the services set
13out in the plan, if those services are not provided with
14reasonable promptness and if those services are available.
15    The Department shall notify the child and the child's
16family of the Department's responsibility to offer and provide
17family preservation services as identified in the service
18plan. The child and the child's family shall be eligible for
19services as soon as the report is determined to be
20"indicated". The Department may offer services to any child or
21family with respect to whom a report of suspected child abuse
22or neglect has been filed, prior to concluding its
23investigation under Section 7.12 of the Abused and Neglected
24Child Reporting Act. However, the child's or family's
25willingness to accept services shall not be considered in the
26investigation. The Department may also provide services to any

 

 

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1child or family who is the subject of any report of suspected
2child abuse or neglect or may refer such child or family to
3services available from other agencies in the community, even
4if the report is determined to be unfounded, if the conditions
5in the child's or family's home are reasonably likely to
6subject the child or family to future reports of suspected
7child abuse or neglect. Acceptance of such services shall be
8voluntary. The Department may also provide services to any
9child or family after completion of a family assessment, as an
10alternative to an investigation, as provided under the
11"differential response program" provided for in subsection
12(a-5) of Section 7.4 of the Abused and Neglected Child
13Reporting Act.
14    The Department may, at its discretion except for those
15children also adjudicated neglected or dependent, accept for
16care and training any child who has been adjudicated addicted,
17as a truant minor in need of supervision or as a minor
18requiring authoritative intervention, under the Juvenile Court
19Act or the Juvenile Court Act of 1987, but no such child shall
20be committed to the Department by any court without the
21approval of the Department. On and after January 1, 2015 (the
22effective date of Public Act 98-803) and before January 1,
232017, a minor charged with a criminal offense under the
24Criminal Code of 1961 or the Criminal Code of 2012 or
25adjudicated delinquent shall not be placed in the custody of
26or committed to the Department by any court, except (i) a minor

 

 

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1less than 16 years of age committed to the Department under
2Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
3for whom an independent basis of abuse, neglect, or dependency
4exists, which must be defined by departmental rule, or (iii) a
5minor for whom the court has granted a supplemental petition
6to reinstate wardship pursuant to subsection (2) of Section
72-33 of the Juvenile Court Act of 1987. On and after January 1,
82017, a minor charged with a criminal offense under the
9Criminal Code of 1961 or the Criminal Code of 2012 or
10adjudicated delinquent shall not be placed in the custody of
11or committed to the Department by any court, except (i) a minor
12less than 15 years of age committed to the Department under
13Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
14for whom an independent basis of abuse, neglect, or dependency
15exists, which must be defined by departmental rule, or (iii) a
16minor for whom the court has granted a supplemental petition
17to reinstate wardship pursuant to subsection (2) of Section
182-33 of the Juvenile Court Act of 1987. An independent basis
19exists when the allegations or adjudication of abuse, neglect,
20or dependency do not arise from the same facts, incident, or
21circumstances which give rise to a charge or adjudication of
22delinquency. The Department shall assign a caseworker to
23attend any hearing involving a youth in the care and custody of
24the Department who is placed on aftercare release, including
25hearings involving sanctions for violation of aftercare
26release conditions and aftercare release revocation hearings.

 

 

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1    As soon as is possible after August 7, 2009 (the effective
2date of Public Act 96-134), the Department shall develop and
3implement a special program of family preservation services to
4support intact, foster, and adoptive families who are
5experiencing extreme hardships due to the difficulty and
6stress of caring for a child who has been diagnosed with a
7pervasive developmental disorder if the Department determines
8that those services are necessary to ensure the health and
9safety of the child. The Department may offer services to any
10family whether or not a report has been filed under the Abused
11and Neglected Child Reporting Act. The Department may refer
12the child or family to services available from other agencies
13in the community if the conditions in the child's or family's
14home are reasonably likely to subject the child or family to
15future reports of suspected child abuse or neglect. Acceptance
16of these services shall be voluntary. The Department shall
17develop and implement a public information campaign to alert
18health and social service providers and the general public
19about these special family preservation services. The nature
20and scope of the services offered and the number of families
21served under the special program implemented under this
22paragraph shall be determined by the level of funding that the
23Department annually allocates for this purpose. The term
24"pervasive developmental disorder" under this paragraph means
25a neurological condition, including, but not limited to,
26Asperger's Syndrome and autism, as defined in the most recent

 

 

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1edition of the Diagnostic and Statistical Manual of Mental
2Disorders of the American Psychiatric Association.
3    (l-1) The General Assembly recognizes that the best
4interests of the child require that the child be placed in the
5most permanent living arrangement as soon as is practically
6possible. To achieve this goal, the General Assembly directs
7the Department of Children and Family Services to conduct
8concurrent planning so that permanency may occur at the
9earliest opportunity. Permanent living arrangements may
10include prevention of placement of a child outside the home of
11the family when the child can be cared for at home without
12endangering the child's health or safety; reunification with
13the family, when safe and appropriate, if temporary placement
14is necessary; or movement of the child toward the most
15permanent living arrangement and permanent legal status.
16    When determining reasonable efforts to be made with
17respect to a child, as described in this subsection, and in
18making such reasonable efforts, the child's health and safety
19shall be the paramount concern.
20    When a child is placed in foster care, the Department
21shall ensure and document that reasonable efforts were made to
22prevent or eliminate the need to remove the child from the
23child's home. The Department must make reasonable efforts to
24reunify the family when temporary placement of the child
25occurs unless otherwise required, pursuant to the Juvenile
26Court Act of 1987. At any time after the dispositional hearing

 

 

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1where the Department believes that further reunification
2services would be ineffective, it may request a finding from
3the court that reasonable efforts are no longer appropriate.
4The Department is not required to provide further
5reunification services after such a finding.
6    A decision to place a child in substitute care shall be
7made with considerations of the child's health, safety, and
8best interests. At the time of placement, consideration should
9also be given so that if reunification fails or is delayed, the
10placement made is the best available placement to provide
11permanency for the child.
12    The Department shall adopt rules addressing concurrent
13planning for reunification and permanency. The Department
14shall consider the following factors when determining
15appropriateness of concurrent planning:
16        (1) the likelihood of prompt reunification;
17        (2) the past history of the family;
18        (3) the barriers to reunification being addressed by
19    the family;
20        (4) the level of cooperation of the family;
21        (5) the foster parents' willingness to work with the
22    family to reunite;
23        (6) the willingness and ability of the foster family
24    to provide an adoptive home or long-term placement;
25        (7) the age of the child;
26        (8) placement of siblings.

 

 

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1    (m) The Department may assume temporary custody of any
2child if:
3        (1) it has received a written consent to such
4    temporary custody signed by the parents of the child or by
5    the parent having custody of the child if the parents are
6    not living together or by the guardian or custodian of the
7    child if the child is not in the custody of either parent,
8    or
9        (2) the child is found in the State and neither a
10    parent, guardian nor custodian of the child can be
11    located.
12If the child is found in the child's residence without a
13parent, guardian, custodian, or responsible caretaker, the
14Department may, instead of removing the child and assuming
15temporary custody, place an authorized representative of the
16Department in that residence until such time as a parent,
17guardian, or custodian enters the home and expresses a
18willingness and apparent ability to ensure the child's health
19and safety and resume permanent charge of the child, or until a
20relative enters the home and is willing and able to ensure the
21child's health and safety and assume charge of the child until
22a parent, guardian, or custodian enters the home and expresses
23such willingness and ability to ensure the child's safety and
24resume permanent charge. After a caretaker has remained in the
25home for a period not to exceed 12 hours, the Department must
26follow those procedures outlined in Section 2-9, 3-11, 4-8, or

 

 

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15-415 of the Juvenile Court Act of 1987.
2    The Department shall have the authority, responsibilities
3and duties that a legal custodian of the child would have
4pursuant to subsection (9) of Section 1-3 of the Juvenile
5Court Act of 1987. Whenever a child is taken into temporary
6custody pursuant to an investigation under the Abused and
7Neglected Child Reporting Act, or pursuant to a referral and
8acceptance under the Juvenile Court Act of 1987 of a minor in
9limited custody, the Department, during the period of
10temporary custody and before the child is brought before a
11judicial officer as required by Section 2-9, 3-11, 4-8, or
125-415 of the Juvenile Court Act of 1987, shall have the
13authority, responsibilities and duties that a legal custodian
14of the child would have under subsection (9) of Section 1-3 of
15the Juvenile Court Act of 1987.
16    The Department shall ensure that any child taken into
17custody is scheduled for an appointment for a medical
18examination.
19    A parent, guardian, or custodian of a child in the
20temporary custody of the Department who would have custody of
21the child if the child were not in the temporary custody of the
22Department may deliver to the Department a signed request that
23the Department surrender the temporary custody of the child.
24The Department may retain temporary custody of the child for
2510 days after the receipt of the request, during which period
26the Department may cause to be filed a petition pursuant to the

 

 

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1Juvenile Court Act of 1987. If a petition is so filed, the
2Department shall retain temporary custody of the child until
3the court orders otherwise. If a petition is not filed within
4the 10-day period, the child shall be surrendered to the
5custody of the requesting parent, guardian, or custodian not
6later than the expiration of the 10-day period, at which time
7the authority and duties of the Department with respect to the
8temporary custody of the child shall terminate.
9    (m-1) The Department may place children under 18 years of
10age in a secure child care facility licensed by the Department
11that cares for children who are in need of secure living
12arrangements for their health, safety, and well-being after a
13determination is made by the facility director and the
14Director or the Director's designate prior to admission to the
15facility subject to Section 2-27.1 of the Juvenile Court Act
16of 1987. This subsection (m-1) does not apply to a child who is
17subject to placement in a correctional facility operated
18pursuant to Section 3-15-2 of the Unified Code of Corrections,
19unless the child is a youth in care who was placed in the care
20of the Department before being subject to placement in a
21correctional facility and a court of competent jurisdiction
22has ordered placement of the child in a secure care facility.
23    (n) The Department may place children under 18 years of
24age in licensed child care facilities when in the opinion of
25the Department, appropriate services aimed at family
26preservation have been unsuccessful and cannot ensure the

 

 

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1child's health and safety or are unavailable and such
2placement would be for their best interest. Payment for board,
3clothing, care, training and supervision of any child placed
4in a licensed child care facility may be made by the
5Department, by the parents or guardians of the estates of
6those children, or by both the Department and the parents or
7guardians, except that no payments shall be made by the
8Department for any child placed in a licensed child care
9facility for board, clothing, care, training, and supervision
10of such a child that exceed the average per capita cost of
11maintaining and of caring for a child in institutions for
12dependent or neglected children operated by the Department.
13However, such restriction on payments does not apply in cases
14where children require specialized care and treatment for
15problems of severe emotional disturbance, physical disability,
16social adjustment, or any combination thereof and suitable
17facilities for the placement of such children are not
18available at payment rates within the limitations set forth in
19this Section. All reimbursements for services delivered shall
20be absolutely inalienable by assignment, sale, attachment, or
21garnishment or otherwise.
22    (n-1) The Department shall provide or authorize child
23welfare services, aimed at assisting minors to achieve
24sustainable self-sufficiency as independent adults, for any
25minor eligible for the reinstatement of wardship pursuant to
26subsection (2) of Section 2-33 of the Juvenile Court Act of

 

 

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11987, whether or not such reinstatement is sought or allowed,
2provided that the minor consents to such services and has not
3yet attained the age of 21. The Department shall have
4responsibility for the development and delivery of services
5under this Section. An eligible youth may access services
6under this Section through the Department of Children and
7Family Services or by referral from the Department of Human
8Services. Youth participating in services under this Section
9shall cooperate with the assigned case manager in developing
10an agreement identifying the services to be provided and how
11the youth will increase skills to achieve self-sufficiency. A
12homeless shelter is not considered appropriate housing for any
13youth receiving child welfare services under this Section. The
14Department shall continue child welfare services under this
15Section to any eligible minor until the minor becomes 21 years
16of age, no longer consents to participate, or achieves
17self-sufficiency as identified in the minor's service plan.
18The Department of Children and Family Services shall create
19clear, readable notice of the rights of former foster youth to
20child welfare services under this Section and how such
21services may be obtained. The Department of Children and
22Family Services and the Department of Human Services shall
23disseminate this information statewide. The Department shall
24adopt regulations describing services intended to assist
25minors in achieving sustainable self-sufficiency as
26independent adults.

 

 

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1    (o) The Department shall establish an administrative
2review and appeal process for children and families who
3request or receive child welfare services from the Department.
4Youth in care who are placed by private child welfare
5agencies, and foster families with whom those youth are
6placed, shall be afforded the same procedural and appeal
7rights as children and families in the case of placement by the
8Department, including the right to an initial review of a
9private agency decision by that agency. The Department shall
10ensure that any private child welfare agency, which accepts
11youth in care for placement, affords those rights to children
12and foster families. The Department shall accept for
13administrative review and an appeal hearing a complaint made
14by (i) a child or foster family concerning a decision
15following an initial review by a private child welfare agency
16or (ii) a prospective adoptive parent who alleges a violation
17of subsection (j-5) of this Section. An appeal of a decision
18concerning a change in the placement of a child shall be
19conducted in an expedited manner. A court determination that a
20current foster home placement is necessary and appropriate
21under Section 2-28 of the Juvenile Court Act of 1987 does not
22constitute a judicial determination on the merits of an
23administrative appeal, filed by a former foster parent,
24involving a change of placement decision.
25    (p) (Blank).
26    (q) The Department may receive and use, in their entirety,

 

 

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1for the benefit of children any gift, donation, or bequest of
2money or other property which is received on behalf of such
3children, or any financial benefits to which such children are
4or may become entitled while under the jurisdiction or care of
5the Department, except that the benefits described in Section
65.46 must be used and conserved consistent with the provisions
7under Section 5.46.
8    The Department shall set up and administer no-cost,
9interest-bearing accounts in appropriate financial
10institutions for children for whom the Department is legally
11responsible and who have been determined eligible for
12Veterans' Benefits, Social Security benefits, assistance
13allotments from the armed forces, court ordered payments,
14parental voluntary payments, Supplemental Security Income,
15Railroad Retirement payments, Black Lung benefits, or other
16miscellaneous payments. Interest earned by each account shall
17be credited to the account, unless disbursed in accordance
18with this subsection.
19    In disbursing funds from children's accounts, the
20Department shall:
21        (1) Establish standards in accordance with State and
22    federal laws for disbursing money from children's
23    accounts. In all circumstances, the Department's
24    Guardianship Administrator or the Guardianship
25    Administrator's designee must approve disbursements from
26    children's accounts. The Department shall be responsible

 

 

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1    for keeping complete records of all disbursements for each
2    account for any purpose.
3        (2) Calculate on a monthly basis the amounts paid from
4    State funds for the child's board and care, medical care
5    not covered under Medicaid, and social services; and
6    utilize funds from the child's account, as covered by
7    regulation, to reimburse those costs. Monthly,
8    disbursements from all children's accounts, up to 1/12 of
9    $13,000,000, shall be deposited by the Department into the
10    General Revenue Fund and the balance over 1/12 of
11    $13,000,000 into the DCFS Children's Services Fund.
12        (3) Maintain any balance remaining after reimbursing
13    for the child's costs of care, as specified in item (2).
14    The balance shall accumulate in accordance with relevant
15    State and federal laws and shall be disbursed to the child
16    or the child's guardian, or to the issuing agency.
17    (r) The Department shall promulgate regulations
18encouraging all adoption agencies to voluntarily forward to
19the Department or its agent names and addresses of all persons
20who have applied for and have been approved for adoption of a
21hard-to-place child or child with a disability and the names
22of such children who have not been placed for adoption. A list
23of such names and addresses shall be maintained by the
24Department or its agent, and coded lists which maintain the
25confidentiality of the person seeking to adopt the child and
26of the child shall be made available, without charge, to every

 

 

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1adoption agency in the State to assist the agencies in placing
2such children for adoption. The Department may delegate to an
3agent its duty to maintain and make available such lists. The
4Department shall ensure that such agent maintains the
5confidentiality of the person seeking to adopt the child and
6of the child.
7    (s) The Department of Children and Family Services may
8establish and implement a program to reimburse Department and
9private child welfare agency foster parents licensed by the
10Department of Children and Family Services for damages
11sustained by the foster parents as a result of the malicious or
12negligent acts of foster children, as well as providing third
13party coverage for such foster parents with regard to actions
14of foster children to other individuals. Such coverage will be
15secondary to the foster parent liability insurance policy, if
16applicable. The program shall be funded through appropriations
17from the General Revenue Fund, specifically designated for
18such purposes.
19    (t) The Department shall perform home studies and
20investigations and shall exercise supervision over visitation
21as ordered by a court pursuant to the Illinois Marriage and
22Dissolution of Marriage Act or the Adoption Act only if:
23        (1) an order entered by an Illinois court specifically
24    directs the Department to perform such services; and
25        (2) the court has ordered one or both of the parties to
26    the proceeding to reimburse the Department for its

 

 

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1    reasonable costs for providing such services in accordance
2    with Department rules, or has determined that neither
3    party is financially able to pay.
4    The Department shall provide written notification to the
5court of the specific arrangements for supervised visitation
6and projected monthly costs within 60 days of the court order.
7The Department shall send to the court information related to
8the costs incurred except in cases where the court has
9determined the parties are financially unable to pay. The
10court may order additional periodic reports as appropriate.
11    (u) In addition to other information that must be
12provided, whenever the Department places a child with a
13prospective adoptive parent or parents, in a licensed foster
14home, group home, or child care institution, or in a relative
15home, the Department shall provide to the prospective adoptive
16parent or parents or other caretaker:
17        (1) available detailed information concerning the
18    child's educational and health history, copies of
19    immunization records (including insurance and medical card
20    information), a history of the child's previous
21    placements, if any, and reasons for placement changes
22    excluding any information that identifies or reveals the
23    location of any previous caretaker;
24        (2) a copy of the child's portion of the client
25    service plan, including any visitation arrangement, and
26    all amendments or revisions to it as related to the child;

 

 

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1    and
2        (3) information containing details of the child's
3    individualized educational plan when the child is
4    receiving special education services.
5    The caretaker shall be informed of any known social or
6behavioral information (including, but not limited to,
7criminal background, fire setting, perpetuation of sexual
8abuse, destructive behavior, and substance abuse) necessary to
9care for and safeguard the children to be placed or currently
10in the home. The Department may prepare a written summary of
11the information required by this paragraph, which may be
12provided to the foster or prospective adoptive parent in
13advance of a placement. The foster or prospective adoptive
14parent may review the supporting documents in the child's file
15in the presence of casework staff. In the case of an emergency
16placement, casework staff shall at least provide known
17information verbally, if necessary, and must subsequently
18provide the information in writing as required by this
19subsection.
20    The information described in this subsection shall be
21provided in writing. In the case of emergency placements when
22time does not allow prior review, preparation, and collection
23of written information, the Department shall provide such
24information as it becomes available. Within 10 business days
25after placement, the Department shall obtain from the
26prospective adoptive parent or parents or other caretaker a

 

 

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1signed verification of receipt of the information provided.
2Within 10 business days after placement, the Department shall
3provide to the child's guardian ad litem a copy of the
4information provided to the prospective adoptive parent or
5parents or other caretaker. The information provided to the
6prospective adoptive parent or parents or other caretaker
7shall be reviewed and approved regarding accuracy at the
8supervisory level.
9    (u-5) Effective July 1, 1995, only foster care placements
10licensed as foster family homes pursuant to the Child Care Act
11of 1969 shall be eligible to receive foster care payments from
12the Department. Relative caregivers who, as of July 1, 1995,
13were approved pursuant to approved relative placement rules
14previously promulgated by the Department at 89 Ill. Adm. Code
15335 and had submitted an application for licensure as a foster
16family home may continue to receive foster care payments only
17until the Department determines that they may be licensed as a
18foster family home or that their application for licensure is
19denied or until September 30, 1995, whichever occurs first.
20    (v) The Department shall access criminal history record
21information as defined in the Illinois Uniform Conviction
22Information Act and information maintained in the adjudicatory
23and dispositional record system as defined in Section 2605-355
24of the Illinois State Police Law if the Department determines
25the information is necessary to perform its duties under the
26Abused and Neglected Child Reporting Act, the Child Care Act

 

 

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1of 1969, and the Children and Family Services Act. The
2Department shall provide for interactive computerized
3communication and processing equipment that permits direct
4on-line communication with the Illinois State Police's central
5criminal history data repository. The Department shall comply
6with all certification requirements and provide certified
7operators who have been trained by personnel from the Illinois
8State Police. In addition, one Office of the Inspector General
9investigator shall have training in the use of the criminal
10history information access system and have access to the
11terminal. The Department of Children and Family Services and
12its employees shall abide by rules and regulations established
13by the Illinois State Police relating to the access and
14dissemination of this information.
15    (v-1) Prior to final approval for placement of a child,
16the Department shall conduct a criminal records background
17check of the prospective foster or adoptive parent, including
18fingerprint-based checks of national crime information
19databases. Final approval for placement shall not be granted
20if the record check reveals a felony conviction for child
21abuse or neglect, for spousal abuse, for a crime against
22children, or for a crime involving violence, including rape,
23sexual assault, or homicide, but not including other physical
24assault or battery, or if there is a felony conviction for
25physical assault, battery, or a drug-related offense committed
26within the past 5 years.

 

 

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1    (v-2) Prior to final approval for placement of a child,
2the Department shall check its child abuse and neglect
3registry for information concerning prospective foster and
4adoptive parents, and any adult living in the home. If any
5prospective foster or adoptive parent or other adult living in
6the home has resided in another state in the preceding 5 years,
7the Department shall request a check of that other state's
8child abuse and neglect registry.
9    (w) Within 120 days of August 20, 1995 (the effective date
10of Public Act 89-392), the Department shall prepare and submit
11to the Governor and the General Assembly, a written plan for
12the development of in-state licensed secure child care
13facilities that care for children who are in need of secure
14living arrangements for their health, safety, and well-being.
15For purposes of this subsection, secure care facility shall
16mean a facility that is designed and operated to ensure that
17all entrances and exits from the facility, a building or a
18distinct part of the building, are under the exclusive control
19of the staff of the facility, whether or not the child has the
20freedom of movement within the perimeter of the facility,
21building, or distinct part of the building. The plan shall
22include descriptions of the types of facilities that are
23needed in Illinois; the cost of developing these secure care
24facilities; the estimated number of placements; the potential
25cost savings resulting from the movement of children currently
26out-of-state who are projected to be returned to Illinois; the

 

 

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1necessary geographic distribution of these facilities in
2Illinois; and a proposed timetable for development of such
3facilities.
4    (x) The Department shall conduct annual credit history
5checks to determine the financial history of children placed
6under its guardianship pursuant to the Juvenile Court Act of
71987. The Department shall conduct such credit checks starting
8when a youth in care turns 12 years old and each year
9thereafter for the duration of the guardianship as terminated
10pursuant to the Juvenile Court Act of 1987. The Department
11shall determine if financial exploitation of the child's
12personal information has occurred. If financial exploitation
13appears to have taken place or is presently ongoing, the
14Department shall notify the proper law enforcement agency, the
15proper State's Attorney, or the Attorney General.
16    (y) Beginning on July 22, 2010 (the effective date of
17Public Act 96-1189), a child with a disability who receives
18residential and educational services from the Department shall
19be eligible to receive transition services in accordance with
20Article 14 of the School Code from the age of 14.5 through age
2121, inclusive, notwithstanding the child's residential
22services arrangement. For purposes of this subsection, "child
23with a disability" means a child with a disability as defined
24by the federal Individuals with Disabilities Education
25Improvement Act of 2004.
26    (z) The Department shall access criminal history record

 

 

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1information as defined as "background information" in this
2subsection and criminal history record information as defined
3in the Illinois Uniform Conviction Information Act for each
4Department employee or Department applicant. Each Department
5employee or Department applicant shall submit the employee's
6or applicant's fingerprints to the Illinois State Police in
7the form and manner prescribed by the Illinois State Police.
8These fingerprints shall be checked against the fingerprint
9records now and hereafter filed in the Illinois State Police
10and the Federal Bureau of Investigation criminal history
11records databases. The Illinois State Police shall charge a
12fee for conducting the criminal history record check, which
13shall be deposited into the State Police Services Fund and
14shall not exceed the actual cost of the record check. The
15Illinois State Police shall furnish, pursuant to positive
16identification, all Illinois conviction information to the
17Department of Children and Family Services.
18    For purposes of this subsection:
19    "Background information" means all of the following:
20        (i) Upon the request of the Department of Children and
21    Family Services, conviction information obtained from the
22    Illinois State Police as a result of a fingerprint-based
23    criminal history records check of the Illinois criminal
24    history records database and the Federal Bureau of
25    Investigation criminal history records database concerning
26    a Department employee or Department applicant.

 

 

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1        (ii) Information obtained by the Department of
2    Children and Family Services after performing a check of
3    the Illinois State Police's Sex Offender Database, as
4    authorized by Section 120 of the Sex Offender Community
5    Notification Law, concerning a Department employee or
6    Department applicant.
7        (iii) Information obtained by the Department of
8    Children and Family Services after performing a check of
9    the Child Abuse and Neglect Tracking System (CANTS)
10    operated and maintained by the Department.
11    "Department employee" means a full-time or temporary
12employee coded or certified within the State of Illinois
13Personnel System.
14    "Department applicant" means an individual who has
15conditional Department full-time or part-time work, a
16contractor, an individual used to replace or supplement staff,
17an academic intern, a volunteer in Department offices or on
18Department contracts, a work-study student, an individual or
19entity licensed by the Department, or an unlicensed service
20provider who works as a condition of a contract or an agreement
21and whose work may bring the unlicensed service provider into
22contact with Department clients or client records.
23(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;
24102-1014, eff. 5-27-22; 103-22, eff. 8-8-23; 103-50, eff.
251-1-24; 103-546, eff. 8-11-23; revised 9-25-23.)
 

 

 

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1    (20 ILCS 505/5d)
2    Sec. 5d. The Direct Child Welfare Service Employee License
3Board.
4    (a) For purposes of this Section:
5        (1) "Board" means the Direct Child Welfare Service
6    Employee License Board.
7        (2) "Director" means the Director of Children and
8    Family Services.
9    (b) The Direct Child Welfare Service Employee License
10Board is created within the Department of Children and Family
11Services and shall consist of 9 members appointed by the
12Director. The Director shall annually designate a chairperson
13and vice-chairperson of the Board. The membership of the Board
14must be composed as follows: (i) 5 licensed professionals from
15the field of human services with a human services, juris
16doctor, medical, public administration, or other relevant
17human services degree and who are in good standing within
18their profession, at least 2 of which must be employed in the
19private not-for-profit sector and at least one of which in the
20public sector; (ii) 2 faculty members of an accredited
21university who have child welfare experience and are in good
22standing within their profession; and (iii) 2 members of the
23general public who are not licensed under this Act or a similar
24rule and will represent consumer interests.
25    In making the first appointments, the Director shall
26appoint 3 members to serve for a term of one year, 3 members to

 

 

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1serve for a term of 2 years, and 3 members to serve for a term
2of 3 years, or until their successors are appointed and
3qualified. Their successors shall be appointed to serve 3-year
4terms, or until their successors are appointed and qualified.
5Appointments to fill unexpired vacancies shall be made in the
6same manner as original appointments. No member may be
7reappointed if a reappointment would cause that member to
8serve on the Board for longer than 6 consecutive years. Board
9membership must have reasonable representation from different
10geographic areas of Illinois, and all members must be
11residents of this State.
12    The Director may terminate the appointment of any member
13for good cause, including, but not limited to: (i) unjustified
14absences from Board meetings or other failure to meet Board
15responsibilities, (ii) failure to recuse oneself when required
16by subsection (c) of this Section or Department rule, or (iii)
17failure to maintain the professional position required by
18Department rule. No member of the Board may have a pending or
19indicated report of child abuse or neglect or a pending
20complaint or criminal conviction of any of the offenses set
21forth in paragraph (b) of Section 4.2 of the Child Care Act of
221969.
23    The members of the Board shall receive no compensation for
24the performance of their duties as members, but each member
25shall be reimbursed for the member's reasonable and necessary
26expenses incurred in attending the meetings of the Board.

 

 

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1    (c) The Board shall make recommendations to the Director
2regarding licensure rules. Board members must recuse
3themselves from sitting on any matter involving an employee of
4a child welfare agency at which the Board member is an employee
5or contractual employee. The Board shall make a final
6determination concerning revocation, suspension, or
7reinstatement of an employee's direct child welfare service
8license after a hearing conducted under the Department's
9rules. Upon notification of the manner of the vote to all the
10members, votes on a final determination may be cast in person,
11by telephonic or electronic means, or by mail at the
12discretion of the chairperson. A simple majority of the
13members appointed and serving is required when Board members
14vote by mail or by telephonic or electronic means. A majority
15of the currently appointed and serving Board members
16constitutes a quorum. A majority of a quorum is required when a
17recommendation is voted on during a Board meeting. A vacancy
18in the membership of the Board shall not impair the right of a
19quorum to perform all the duties of the Board. Board members
20are not personally liable in any action based upon a
21disciplinary proceeding or otherwise for any action taken in
22good faith as a member of the Board.
23    (d) The Director may assign Department employees to
24provide staffing services to the Board. The Department must
25promulgate any rules necessary to implement and administer the
26requirements of this Section.

 

 

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1(Source: P.A. 102-45, eff. 1-1-22; 103-22, eff. 8-8-23;
2revised 9-25-23.)
 
3    (20 ILCS 505/7.4)
4    Sec. 7.4. Development and preservation of sibling
5relationships for children in care; placement of siblings;
6contact among siblings placed apart.
7    (a) Purpose and policy. The General Assembly recognizes
8that sibling relationships are unique and essential for a
9person, but even more so for children who are removed from the
10care of their families and placed in the State child welfare
11system. When family separation occurs through State
12intervention, every effort must be made to preserve, support,
13and nurture sibling relationships when doing so is in the best
14interest of each sibling. It is in the interests of foster
15children who are part of a sibling group to enjoy contact with
16one another, as long as the contact is in each child's best
17interest. This is true both while the siblings are in State
18care and after one or all of the siblings leave State care
19through adoption, guardianship, or aging out.
20    (b) Definitions. For purposes of this Section:
21        (1) Whenever a best interest determination is required
22    by this Section, the Department shall consider the factors
23    set out in subsection (4.05) of Section 1-3 of the
24    Juvenile Court Act of 1987 and the Department's rules
25    regarding Sibling Placement, 89 Ill. Adm. Code 301.70, and

 

 

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1    Sibling Visitation, 89 Ill. Adm. Code 301.220, and the
2    Department's rules regarding Placement Selection Criteria,
3    89 Ill. Adm. Code 301.60.
4        (2) "Adopted child" means a child who, immediately
5    preceding the adoption, was in the custody or guardianship
6    of the Illinois Department of Children and Family Services
7    under Article II of the Juvenile Court Act of 1987.
8        (3) "Adoptive parent" means a person who has become a
9    parent through the legal process of adoption.
10        (4) "Child" means a person in the temporary custody or
11    guardianship of the Department who is under the age of 21.
12        (5) "Child placed in private guardianship" means a
13    child who, immediately preceding the guardianship, was in
14    the custody or guardianship of the Illinois Department of
15    Children and Family Services under Article II of the
16    Juvenile Court Act of 1987.
17        (6) "Contact" may include, but is not limited to,
18    visits, telephone calls, letters, sharing of photographs
19    or information, e-mails, video conferencing, and other
20    forms form of communication or contact.
21        (7) "Legal guardian" means a person who has become the
22    legal guardian of a child who, immediately prior to the
23    guardianship, was in the custody or guardianship of the
24    Illinois Department of Children and Family Services under
25    Article II of the Juvenile Court Act of 1987.
26        (8) "Parent" means the child's mother or father who is

 

 

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1    named as the respondent in proceedings conducted under
2    Article II of the Juvenile Court Act of 1987.
3        (9) "Post Permanency Sibling Contact" means contact
4    between siblings following the entry of a Judgment Order
5    for Adoption under Section 14 of the Adoption Act
6    regarding at least one sibling or an Order for
7    Guardianship appointing a private guardian under Section
8    2-27 of or the Juvenile Court Act of 1987, regarding at
9    least one sibling. Post Permanency Sibling Contact may
10    include, but is not limited to, visits, telephone calls,
11    letters, sharing of photographs or information, emails,
12    video conferencing, and other forms of communication or
13    connection agreed to by the parties to a Post Permanency
14    Sibling Contact Agreement.
15        (10) "Post Permanency Sibling Contact Agreement" means
16    a written agreement between the adoptive parent or
17    parents, the child, and the child's sibling regarding post
18    permanency contact between the adopted child and the
19    child's sibling, or a written agreement between the legal
20    guardians, the child, and the child's sibling regarding
21    post permanency contact between the child placed in
22    guardianship and the child's sibling. The Post Permanency
23    Sibling Contact Agreement may specify the nature and
24    frequency of contact between the adopted child or child
25    placed in guardianship and the child's sibling following
26    the entry of the Judgment Order for Adoption or Order for

 

 

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1    Private Guardianship. The Post Permanency Sibling Contact
2    Agreement may be supported by services as specified in
3    this Section. The Post Permanency Sibling Contact
4    Agreement is voluntary on the part of the parties to the
5    Post Permanency Sibling Contact Agreement and is not a
6    requirement for finalization of the child's adoption or
7    guardianship. The Post Permanency Sibling Contract
8    Agreement shall not be enforceable in any court of law or
9    administrative forum and no cause of action shall be
10    brought to enforce the Agreement. When entered into, the
11    Post Permanency Sibling Contact Agreement shall be placed
12    in the child's Post Adoption or Guardianship case record
13    and in the case file of a sibling who is a party to the
14    agreement and who remains in the Department's custody or
15    guardianship.
16        (11) "Sibling Contact Support Plan" means a written
17    document that sets forth the plan for future contact
18    between siblings who are in the Department's care and
19    custody and residing separately. The goal of the Support
20    Plan is to develop or preserve and nurture the siblings'
21    relationships. The Support Plan shall set forth the role
22    of the foster parents, caregivers, and others in
23    implementing the Support Plan. The Support Plan must meet
24    the minimum standards regarding frequency of in-person
25    visits provided for in Department rule.
26        (12) "Siblings" means children who share at least one

 

 

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1    parent in common. This definition of siblings applies
2    solely for purposes of placement and contact under this
3    Section. For purposes of this Section, children who share
4    at least one parent in common continue to be siblings
5    after their parent's parental rights are terminated, if
6    parental rights were terminated while a petition under
7    Article II of the Juvenile Court Act of 1987 was pending.
8    For purposes of this Section, children who share at least
9    one parent in common continue to be siblings after a
10    sibling is adopted or placed in private guardianship when
11    the adopted child or child placed in private guardianship
12    was in the Department's custody or guardianship under
13    Article II of the Juvenile Court Act of 1987 immediately
14    prior to the adoption or private guardianship. For
15    children who have been in the guardianship of the
16    Department under Article II of the Juvenile Court Act of
17    1987, have been adopted, and are subsequently returned to
18    the temporary custody or guardianship of the Department
19    under Article II of the Juvenile Court Act of 1987,
20    "siblings" includes a person who would have been
21    considered a sibling prior to the adoption and siblings
22    through adoption.
23    (c) No later than January 1, 2013, the Department shall
24promulgate rules addressing the development and preservation
25of sibling relationships. The rules shall address, at a
26minimum:

 

 

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1        (1) Recruitment, licensing, and support of foster
2    parents willing and capable of either fostering sibling
3    groups or supporting and being actively involved in
4    planning and executing sibling contact for siblings placed
5    apart. The rules shall address training for foster
6    parents, licensing workers, placement workers, and others
7    as deemed necessary.
8        (2) Placement selection for children who are separated
9    from their siblings and how to best promote placements of
10    children with foster parents or programs that can meet the
11    children's needs, including the need to develop and
12    maintain contact with siblings.
13        (3) State-supported guidance to siblings who have aged
14    out of State state care regarding positive engagement with
15    siblings.
16        (4) Implementation of Post Permanency Sibling Contact
17    Agreements for children exiting State care, including
18    services offered by the Department to encourage and assist
19    parties in developing agreements, services offered by the
20    Department post permanency to support parties in
21    implementing and maintaining agreements, and including
22    services offered by the Department post permanency to
23    assist parties in amending agreements as necessary to meet
24    the needs of the children.
25        (5) Services offered by the Department for children
26    who exited foster care prior to the availability of Post

 

 

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1    Permanency Sibling Contact Agreements, to invite willing
2    parties to participate in a facilitated discussion,
3    including, but not limited to, a mediation or joint team
4    decision-making meeting, to explore sibling contact.
5    (d) The Department shall develop a form to be provided to
6youth entering care and exiting care explaining their rights
7and responsibilities related to sibling visitation while in
8care and post permanency.
9    (e) Whenever a child enters care or requires a new
10placement, the Department shall consider the development and
11preservation of sibling relationships.
12        (1) This subsection applies when a child entering care
13    or requiring a change of placement has siblings who are in
14    the custody or guardianship of the Department. When a
15    child enters care or requires a new placement, the
16    Department shall examine its files and other available
17    resources and determine whether a sibling of that child is
18    in the custody or guardianship of the Department. If the
19    Department determines that a sibling is in its custody or
20    guardianship, the Department shall then determine whether
21    it is in the best interests of each of the siblings for the
22    child needing placement to be placed with the sibling. If
23    the Department determines that it is in the best interest
24    of each sibling to be placed together, and the sibling's
25    foster parent is able and willing to care for the child
26    needing placement, the Department shall place the child

 

 

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1    needing placement with the sibling. A determination that
2    it is not in a child's best interest to be placed with a
3    sibling shall be made in accordance with Department rules,
4    and documented in the file of each sibling.
5        (2) This subsection applies when a child who is
6    entering care has siblings who have been adopted or placed
7    in private guardianship. When a child enters care, the
8    Department shall examine its files and other available
9    resources, including consulting with the child's parents,
10    to determine whether a sibling of the child was adopted or
11    placed in private guardianship from State care. The
12    Department shall determine, in consultation with the
13    child's parents, whether it would be in the child's best
14    interests to explore placement with the adopted sibling or
15    sibling in guardianship. Unless the parent objects, if the
16    Department determines it is in the child's best interest
17    to explore the placement, the Department shall contact the
18    adoptive parents or guardians of the sibling, determine
19    whether they are willing to be considered as placement
20    resources for the child, and, if so, determine whether it
21    is in the best interests of the child to be placed in the
22    home with the sibling. If the Department determines that
23    it is in the child's best interests to be placed in the
24    home with the sibling, and the sibling's adoptive parents
25    or guardians are willing and capable, the Department shall
26    make the placement. A determination that it is not in a

 

 

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1    child's best interest to be placed with a sibling shall be
2    made in accordance with Department rule, and documented in
3    the child's file.
4        (3) This subsection applies when a child in Department
5    custody or guardianship requires a change of placement,
6    and the child has siblings who have been adopted or placed
7    in private guardianship. When a child in care requires a
8    new placement, the Department may consider placing the
9    child with the adoptive parent or guardian of a sibling
10    under the same procedures and standards set forth in
11    paragraph (2) of this subsection.
12        (4) When the Department determines it is not in the
13    best interest of one or more siblings to be placed
14    together the Department shall ensure that the child
15    requiring placement is placed in a home or program where
16    the caregiver is willing and able to be actively involved
17    in supporting the sibling relationship to the extent doing
18    so is in the child's best interest.
19    (f) When siblings in care are placed in separate
20placements, the Department shall develop a Sibling Contact
21Support Plan. The Department shall convene a meeting to
22develop the Support Plan. The meeting shall include, at a
23minimum, the case managers for the siblings, the foster
24parents or other care providers if a child is in a non-foster
25home placement and the child, when developmentally and
26clinically appropriate. The Department shall make all

 

 

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1reasonable efforts to promote the participation of the foster
2parents. Parents whose parental rights are intact shall be
3invited to the meeting. Others, such as therapists and
4mentors, shall be invited as appropriate. The Support Plan
5shall set forth future contact and visits between the siblings
6to develop or preserve, and nurture the siblings'
7relationships. The Support Plan shall set forth the role of
8the foster parents and caregivers and others in implementing
9the Support Plan. The Support Plan must meet the minimum
10standards regarding frequency of in-person visits provided for
11in Department rule. The Support Plan will be incorporated in
12the child's service plan and reviewed at each administrative
13case review. The Support Plan should be modified if one of the
14children moves to a new placement, or as necessary to meet the
15needs of the children. The Sibling Contact Support Plan for a
16child in care may include siblings who are not in the care of
17the Department, with the consent and participation of that
18child's parent or guardian.
19    (g) By January 1, 2013, the Department shall develop a
20registry so that placement information regarding adopted
21siblings and siblings in private guardianship is readily
22available to Department and private agency caseworkers
23responsible for placing children in the Department's care.
24When a child is adopted or placed in private guardianship from
25foster care the Department shall inform the adoptive parents
26or guardians that they may be contacted in the future

 

 

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1regarding placement of or contact with siblings subsequently
2requiring placement.
3    (h) When a child is in need of an adoptive placement, the
4Department shall examine its files and other available
5resources and attempt to determine whether a sibling of the
6child has been adopted or placed in private guardianship after
7being in the Department's custody or guardianship. If the
8Department determines that a sibling of the child has been
9adopted or placed in private guardianship, the Department
10shall make a good faith effort to locate the adoptive parents
11or guardians of the sibling and inform them of the
12availability of the child for adoption. The Department may
13determine not to inform the adoptive parents or guardians of a
14sibling of a child that the child is available for adoption
15only for a reason permitted under criteria adopted by the
16Department by rule, and documented in the child's case file.
17If a child available for adoption has a sibling who has been
18adopted or placed in guardianship, and the adoptive parents or
19guardians of that sibling apply to adopt the child, the
20Department shall consider them as adoptive applicants for the
21adoption of the child. The Department's final decision as to
22whether it will consent to the adoptive parents or guardians
23of a sibling being the adoptive parents of the child shall be
24based upon the welfare and best interest of the child. In
25arriving at its decision, the Department shall consider all
26relevant factors, including, but not limited to:

 

 

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1        (1) the wishes of the child;
2        (2) the interaction and interrelationship of the child
3    with the applicant to adopt the child;
4        (3) the child's need for stability and continuity of
5    relationship with parent figures;
6        (4) the child's adjustment to the child's present
7    home, school, and community;
8        (5) the mental and physical health of all individuals
9    involved;
10        (6) the family ties between the child and the child's
11    relatives, including siblings;
12        (7) the background, age, and living arrangements of
13    the applicant to adopt the child;
14        (8) a criminal background report of the applicant to
15    adopt the child.
16    If placement of the child available for adoption with the
17adopted sibling or sibling in private guardianship is not
18feasible, but it is in the child's best interest to develop a
19relationship with the child's sibling, the Department shall
20invite the adoptive parents, guardian, or guardians for a
21mediation or joint team decision-making meeting to facilitate
22a discussion regarding future sibling contact.
23    (i) Post Permanency Sibling Contact Agreement. When a
24child in the Department's care has a permanency goal of
25adoption or private guardianship, and the Department is
26preparing to finalize the adoption or guardianship, the

 

 

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1Department shall convene a meeting with the pre-adoptive
2parent or prospective guardian and the case manager for the
3child being adopted or placed in guardianship and the foster
4parents and case managers for the child's siblings, and others
5as applicable. The children should participate as is
6developmentally appropriate. Others, such as therapists and
7mentors, may participate as appropriate. At the meeting the
8Department shall encourage the parties to discuss sibling
9contact post permanency. The Department may assist the parties
10in drafting a Post Permanency Sibling Contact Agreement.
11        (1) Parties to the Post Permanency Sibling Contact
12    Agreement shall include:
13            (A) The adoptive parent or parents or guardian.
14            (B) The child's sibling or siblings, parents, or
15        guardians.
16            (C) The child.
17        (2) Consent of child 14 and over. The written consent
18    of a child age 14 and over to the terms and conditions of
19    the Post Permanency Sibling Contact Agreement and
20    subsequent modifications is required.
21        (3) In developing this Agreement, the Department shall
22    encourage the parties to consider the following factors:
23            (A) the physical and emotional safety and welfare
24        of the child;
25            (B) the child's wishes;
26            (C) the interaction and interrelationship of the

 

 

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1        child with the child's sibling or siblings who would
2        be visiting or communicating with the child,
3        including:
4                (i) the quality of the relationship between
5            the child and the sibling or siblings, and
6                (ii) the benefits and potential harms to the
7            child in allowing the relationship or
8            relationships to continue or in ending them;
9            (D) the child's sense of attachments to the birth
10        sibling or siblings and adoptive family, including:
11                (i) the child's sense of being valued;
12                (ii) the child's sense of familiarity; and
13                (iii) continuity of affection for the child;
14            and
15            (E) other factors relevant to the best interest of
16        the child.
17        (4) In considering the factors in paragraph (3) of
18    this subsection, the Department shall encourage the
19    parties to recognize the importance to a child of
20    developing a relationship with siblings including siblings
21    with whom the child does not yet have a relationship; and
22    the value of preserving family ties between the child and
23    the child's siblings, including:
24            (A) the child's need for stability and continuity
25        of relationships with siblings, and
26            (B) the importance of sibling contact in the

 

 

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1        development of the child's identity.
2        (5) Modification or termination of Post Permanency
3    Sibling Contact Agreement. The parties to the agreement
4    may modify or terminate the Post Permanency Sibling
5    Contact Agreement. If the parties cannot agree to
6    modification or termination, they may request the
7    assistance of the Department of Children and Family
8    Services or another agency identified and agreed upon by
9    the parties to the Post Permanency Sibling Contact
10    Agreement. Any and all terms may be modified by agreement
11    of the parties. Post Permanency Sibling Contact Agreements
12    may also be modified to include contact with siblings
13    whose whereabouts were unknown or who had not yet been
14    born when the Judgment Order for Adoption or Order for
15    Private Guardianship was entered.
16        (6) Adoptions and private guardianships finalized
17    prior to August 24, 2012 (the effective date of Public Act
18    97-1076) amendatory Act. Nothing in this Section prohibits
19    the parties from entering into a Post Permanency Sibling
20    Contact Agreement if the adoption or private guardianship
21    was finalized prior to the effective date of this Section.
22    If the Agreement is completed and signed by the parties,
23    the Department shall include the Post Permanency Sibling
24    Contact Agreement in the child's Post Adoption or Private
25    Guardianship case record and in the case file of siblings
26    who are parties to the agreement who are in the

 

 

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1    Department's custody or guardianship.
2(Source: P.A. 103-22, eff. 8-8-23; 103-154, eff. 6-30-23;
3revised 1-30-24.)
 
4    (20 ILCS 505/17)  (from Ch. 23, par. 5017)
5    Sec. 17. Youth and Community Services Program. The
6Department of Human Services shall develop a State program for
7youth and community services which will assure that youth who
8come into contact or may come into contact with either the
9child welfare system or the juvenile justice system will have
10access to needed community, prevention, diversion, emergency,
11and independent living services. The term "youth" means a
12person under the age of 19 years. The term "homeless youth"
13means a youth who cannot be reunited with the youth's family
14and is not in a safe and stable living situation. This Section
15shall not be construed to require the Department of Human
16Services to provide services under this Section to any
17homeless youth who is at least 18 years of age but is younger
18than 19 years of age; however, the Department may, in its
19discretion, provide services under this Section to any such
20homeless youth.
21    (a) The goals of the program shall be to:
22        (1) maintain children and youths in their own
23    community;
24        (2) eliminate unnecessary categorical funding of
25    programs by funding more comprehensive and integrated

 

 

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1    programs;
2        (3) encourage local volunteers and voluntary
3    associations in developing programs aimed at preventing
4    and controlling juvenile delinquency;
5        (4) address voids in services and close service gaps;
6        (5) develop program models aimed at strengthening the
7    relationships between youth and their families and aimed
8    at developing healthy, independent lives for homeless
9    youth;
10        (6) contain costs by redirecting funding to more
11    comprehensive and integrated community-based services; and
12        (7) coordinate education, employment, training and
13    other programs for youths with other State agencies.
14    (b) The duties of the Department under the program shall
15be to:
16        (1) design models for service delivery by local
17    communities;
18        (2) test alternative systems for delivering youth
19    services;
20        (3) develop standards necessary to achieve and
21    maintain, on a statewide basis, more comprehensive and
22    integrated community-based youth services;
23        (4) monitor and provide technical assistance to local
24    boards and local service systems;
25        (5) assist local organizations in developing programs
26    which address the problems of youths and their families

 

 

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1    through direct services, advocacy with institutions, and
2    improvement of local conditions;
3        (6) (blank); and
4        (7) establish temporary emergency placements for youth
5    in crisis as defined by the Children's Behavioral Health
6    Transformation Team through comprehensive community-based
7    youth services provider grants.
8            (A) Temporary emergency placements:
9                (i) must be licensed through the Department of
10            Children and Family Services or, in the case of a
11            foster home or host home, by the supervising child
12            welfare agency;
13                (ii) must be strategically situated to meet
14            regional need and minimize geographic disruption
15            in consultation with the Children's Behavioral
16            Health Transformation Officer and the Children's
17            Behavioral Health Transformation Team; and
18                (iii) shall include Comprehensive
19            Community-Based Youth Services program host homes,
20            foster homes, homeless youth shelters, Department
21            of Children and Family Services youth shelters, or
22            other licensed placements for minor youth
23            compliant with the Child Care Act of 1969 provided
24            under the Comprehensive Community-Based Youth
25            Services program.
26            (B) Beginning on August 11, 2023 (the effective

 

 

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1        date of Public Act 103-546) this amendatory Act of the
2        103rd General Assembly, once sufficient capacity has
3        been developed, temporary emergency placements must
4        also include temporary emergency placement shelters
5        provided under the Comprehensive Community-Based Youth
6        Services program. Temporary emergency placement
7        shelters shall be managed by Comprehensive
8        Community-Based Youth Services provider organizations
9        and shall be available to house youth receiving
10        interim 24/7 crisis intervention services as defined
11        by the Juvenile Court Act of 1987 and the
12        Comprehensive Community-Based Youth Services program
13        grant and the Department, and shall provide access to
14        clinical supports for youth while staying at the
15        shelter.
16            (C) Comprehensive Community-Based Youth Services
17        organizations shall retain the sole authority to place
18        youth in host homes and temporary emergency placement
19        shelters provided under the Comprehensive
20        Community-Based Youth Services program.
21            (D) Crisis youth, as defined by the Children's
22        Behavioral Health Transformation Team, shall be
23        prioritized in temporary emergency placements.
24            (E) Additional placement options may be authorized
25        for crisis and non-crisis program youth with the
26        permission of the youth's parent or legal guardian.

 

 

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1            (F) While in a temporary emergency placement, the
2        organization shall work with the parent, guardian, or
3        custodian to effectuate the youth's return home or to
4        an alternative long-term living arrangement. As
5        necessary, the agency or association shall also work
6        with the youth's local school district, the
7        Department, the Department of Human Services, the
8        Department of Healthcare and Family Services, and the
9        Department of Juvenile Justice to identify immediate
10        and long-term services, treatment, or placement.
11    Nothing in this Section shall be construed or applied in a
12manner that would conflict with, diminish, or infringe upon,
13any State agency's obligation to comply fully with
14requirements imposed under a court order or State or federal
15consent decree applicable to that agency.
16(Source: P.A. 103-22, eff. 8-8-23; 103-546, eff. 8-11-23;
17revised 8-28-23.)
 
18    (20 ILCS 505/21)
19    Sec. 21. Investigative powers; training.
20    (a) To make such investigations as it may deem necessary
21to the performance of its duties.
22    (b) In the course of any such investigation any qualified
23person authorized by the Director may administer oaths and
24secure by its subpoena both the attendance and testimony of
25witnesses and the production of books and papers relevant to

 

 

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1such investigation. Any person who is served with a subpoena
2by the Department to appear and testify or to produce books and
3papers, in the course of an investigation authorized by law,
4and who refuses or neglects to appear, or to testify, or to
5produce books and papers relevant to such investigation, as
6commanded in such subpoena, shall be guilty of a Class B
7misdemeanor. The fees of witnesses for attendance and travel
8shall be the same as the fees of witnesses before the circuit
9courts of this State. Any circuit court of this State, upon
10application of the person requesting the hearing or the
11Department, may compel the attendance of witnesses, the
12production of books and papers, and giving of testimony before
13the Department or before any authorized officer or employee
14thereof, by an attachment for contempt or otherwise, in the
15same manner as production of evidence may be compelled before
16such court. Every person who, having taken an oath or made
17affirmation before the Department or any authorized officer or
18employee thereof, shall willfully swear or affirm falsely,
19shall be guilty of perjury and upon conviction shall be
20punished accordingly.
21    (c) Investigations initiated under this Section shall
22provide individuals due process of law, including the right to
23a hearing, to cross-examine witnesses, to obtain relevant
24documents, and to present evidence. Administrative findings
25shall be subject to the provisions of the Administrative
26Review Law.

 

 

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1    (d) Beginning July 1, 1988, any child protective
2investigator or supervisor or child welfare specialist or
3supervisor employed by the Department on January 1, 1988 (the
4effective date of Public Act 85-206) this amendatory Act of
51987 shall have completed a training program which shall be
6instituted by the Department. The training program shall
7include, but not be limited to, the following: (1) training in
8the detection of symptoms of child neglect and drug abuse; (2)
9specialized training for dealing with families and children of
10drug abusers; and (3) specific training in child development,
11family dynamics and interview techniques. Such program shall
12conform to the criteria and curriculum developed under Section
134 of the Child Protective Investigator and Child Welfare
14Specialist Certification Act of 1987. Failure to complete such
15training due to lack of opportunity provided by the Department
16shall in no way be grounds for any disciplinary or other action
17against an investigator or a specialist.
18    The Department shall develop a continuous inservice staff
19development program and evaluation system. Each child
20protective investigator and supervisor and child welfare
21specialist and supervisor shall participate in such program
22and evaluation and shall complete a minimum of 20 hours of
23inservice education and training every 2 years in order to
24maintain certification.
25    Any child protective investigator or child protective
26supervisor, or child welfare specialist or child welfare

 

 

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1specialist supervisor hired by the Department who begins
2actual employment after January 1, 1988 (the effective date of
3Public Act 85-206) this amendatory Act of 1987, shall be
4certified pursuant to the Child Protective Investigator and
5Child Welfare Specialist Certification Act of 1987 before
6beginning such employment. Nothing in this Act shall replace
7or diminish the rights of employees under the Illinois Public
8Labor Relations Act, as amended, or the National Labor
9Relations Act. In the event of any conflict between either of
10those Acts, or any collective bargaining agreement negotiated
11thereunder, and the provisions of subsections (d) and (e), the
12former shall prevail and control.
13    (e) The Department shall develop and implement the
14following:
15        (1) A safety-based child welfare intervention system.
16        (2) Related training procedures.
17        (3) A standardized method for demonstration of
18    proficiency in application of the safety-based child
19    welfare intervention system.
20        (4) An evaluation of the reliability and validity of
21    the safety-based child welfare intervention system.
22All child protective investigators and supervisors and child
23welfare specialists and supervisors employed by the Department
24or its contractors shall be required, subsequent to the
25availability of training under this Act, to demonstrate
26proficiency in application of the safety-based child welfare

 

 

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1intervention system previous to being permitted to make safety
2decisions about the children for whom they are responsible.
3The Department shall establish a multi-disciplinary advisory
4committee appointed by the Director, including, but not
5limited to, representatives from the fields of child
6development, domestic violence, family systems, juvenile
7justice, law enforcement, health care, mental health,
8substance abuse, and social service to advise the Department
9and its related contractors in the development and
10implementation of the safety-based child welfare intervention
11system, related training, method for demonstration of
12proficiency in application of the safety-based child welfare
13intervention system, and evaluation of the reliability and
14validity of the safety-based child welfare intervention
15system. The Department shall develop the safety-based child
16welfare intervention system, training curriculum, method for
17demonstration of proficiency in application of the
18safety-based child welfare intervention system, and method for
19evaluation of the reliability and validity of the safety-based
20child welfare intervention system. Training and demonstration
21of proficiency in application of the safety-based child
22welfare intervention system for all child protective
23investigators and supervisors and child welfare specialists
24and supervisors shall be completed as soon as practicable. The
25Department shall submit to the General Assembly on or before
26December 31, 2026, and every year thereafter, an annual report

 

 

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1on the evaluation of the reliability and validity of the
2safety-based child welfare intervention system. The Department
3shall contract with a not-for-profit not for profit
4organization with demonstrated expertise in the field of
5safety-based child welfare intervention to assist in the
6development and implementation of the safety-based child
7welfare intervention system, related training, method for
8demonstration of proficiency in application of the
9safety-based child welfare intervention system, and evaluation
10of the reliability and validity of the safety-based child
11welfare intervention system.
12    (f) The Department shall provide each parent or guardian
13and responsible adult caregiver participating in a safety plan
14a copy of the written safety plan as signed by each parent or
15guardian and responsible adult caregiver and by a
16representative of the Department. The Department shall also
17provide each parent or guardian and responsible adult
18caregiver safety plan information on their rights and
19responsibilities that shall include, but need not be limited
20to, information on how to obtain medical care, emergency phone
21numbers, and information on how to notify schools or day care
22providers as appropriate. The Department's representative
23shall ensure that the safety plan is reviewed and approved by
24the child protection supervisor.
25(Source: P.A. 103-22, eff. 8-8-23; 103-460, eff. 1-1-24;
26revised 9-11-23.)
 

 

 

HB4844 Engrossed- 201 -LRB103 39009 AMC 69146 b

1    Section 75. The Department of Commerce and Economic
2Opportunity Law of the Civil Administrative Code of Illinois
3is amended by renumbering Section 1105 as follows:
 
4    (20 ILCS 605/605-1103)
5    (Section scheduled to be repealed on December 31, 2024)
6    Sec. 605-1103 1105. Power price mitigation assistance.
7Subject to appropriation from such funds made available, the
8Department shall reimburse up to $200,000,000 to an eligible
9electric utility serving adversely impacted residential and
10small commercial customers pursuant to Section 16-107.7 of the
11Public Utilities Act. This Section is repealed December 31,
122024.
13(Source: P.A. 102-1123, eff. 1-27-23; revised 10-18-23.)
 
14    Section 80. The Illinois Enterprise Zone Act is amended by
15changing Section 5.5 as follows:
 
16    (20 ILCS 655/5.5)  (from Ch. 67 1/2, par. 609.1)
17    Sec. 5.5. High Impact Business.
18    (a) In order to respond to unique opportunities to assist
19in the encouragement, development, growth, and expansion of
20the private sector through large scale investment and
21development projects, the Department is authorized to receive
22and approve applications for the designation of "High Impact

 

 

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1Businesses" in Illinois, for an initial term of 20 years with
2an option for renewal for a term not to exceed 20 years,
3subject to the following conditions:
4        (1) such applications may be submitted at any time
5    during the year;
6        (2) such business is not located, at the time of
7    designation, in an enterprise zone designated pursuant to
8    this Act;
9        (3) the business intends to do, commits to do, or is
10    one or more of the following:
11            (A) the business intends to make a minimum
12        investment of $12,000,000 which will be placed in
13        service in qualified property and intends to create
14        500 full-time equivalent jobs at a designated location
15        in Illinois or intends to make a minimum investment of
16        $30,000,000 which will be placed in service in
17        qualified property and intends to retain 1,500
18        full-time retained jobs at a designated location in
19        Illinois. The terms "placed in service" and "qualified
20        property" have the same meanings as described in
21        subsection (h) of Section 201 of the Illinois Income
22        Tax Act; or
23            (B) the business intends to establish a new
24        electric generating facility at a designated location
25        in Illinois. "New electric generating facility", for
26        purposes of this Section, means a newly constructed

 

 

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

 

 

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1        The term "placed in service" has the same meaning as
2        described in subsection (h) of Section 201 of the
3        Illinois Income Tax Act; or
4            (B-5) the business intends to establish a new
5        gasification facility at a designated location in
6        Illinois. As used in this Section, "new gasification
7        facility" means a newly constructed coal gasification
8        facility that generates chemical feedstocks or
9        transportation fuels derived from coal (which may
10        include, but are not limited to, methane, methanol,
11        and nitrogen fertilizer), that supports the creation
12        or retention of Illinois coal mining coal-mining jobs,
13        and that qualifies for financial assistance from the
14        Department before December 31, 2010. A new
15        gasification facility does not include a pilot project
16        located within Jefferson County or within a county
17        adjacent to Jefferson County for synthetic natural gas
18        from coal; or
19            (C) the business intends to establish production
20        operations at a new coal mine, re-establish production
21        operations at a closed coal mine, or expand production
22        at an existing coal mine at a designated location in
23        Illinois not sooner than July 1, 2001; provided that
24        the production operations result in the creation of
25        150 new Illinois coal mining jobs as described in
26        subdivision (a)(3)(B) of this Section, and further

 

 

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1        provided that the coal extracted from such mine is
2        utilized as the predominant source for a new electric
3        generating facility. The term "placed in service" has
4        the same meaning as described in subsection (h) of
5        Section 201 of the Illinois Income Tax Act; or
6            (D) the business intends to construct new
7        transmission facilities or upgrade existing
8        transmission facilities at designated locations in
9        Illinois, for which construction commenced not sooner
10        than July 1, 2001. For the purposes of this Section,
11        "transmission facilities" means transmission lines
12        with a voltage rating of 115 kilovolts or above,
13        including associated equipment, that transfer
14        electricity from points of supply to points of
15        delivery and that transmit a majority of the
16        electricity generated by a new electric generating
17        facility designated as a High Impact Business in
18        accordance with this Section. The term "placed in
19        service" has the same meaning as described in
20        subsection (h) of Section 201 of the Illinois Income
21        Tax Act; or
22            (E) the business intends to establish a new wind
23        power facility at a designated location in Illinois.
24        For purposes of this Section, "new wind power
25        facility" means a newly constructed electric
26        generation facility, a newly constructed expansion of

 

 

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1        an existing electric generation facility, or the
2        replacement of an existing electric generation
3        facility, including the demolition and removal of an
4        electric generation facility irrespective of whether
5        it will be replaced, placed in service or replaced on
6        or after July 1, 2009, that generates electricity
7        using wind energy devices, and such facility shall be
8        deemed to include any permanent structures associated
9        with the electric generation facility and all
10        associated transmission lines, substations, and other
11        equipment related to the generation of electricity
12        from wind energy devices. For purposes of this
13        Section, "wind energy device" means any device, with a
14        nameplate capacity of at least 0.5 megawatts, that is
15        used in the process of converting kinetic energy from
16        the wind to generate electricity; or
17            (E-5) the business intends to establish a new
18        utility-scale solar facility at a designated location
19        in Illinois. For purposes of this Section, "new
20        utility-scale solar power facility" means a newly
21        constructed electric generation facility, or a newly
22        constructed expansion of an existing electric
23        generation facility, placed in service on or after
24        July 1, 2021, that (i) generates electricity using
25        photovoltaic cells and (ii) has a nameplate capacity
26        that is greater than 5,000 kilowatts, and such

 

 

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1        facility shall be deemed to include all associated
2        transmission lines, substations, energy storage
3        facilities, and other equipment related to the
4        generation and storage of electricity from
5        photovoltaic cells; or
6            (F) the business commits to (i) make a minimum
7        investment of $500,000,000, which will be placed in
8        service in a qualified property, (ii) create 125
9        full-time equivalent jobs at a designated location in
10        Illinois, (iii) establish a fertilizer plant at a
11        designated location in Illinois that complies with the
12        set-back standards as described in Table 1: Initial
13        Isolation and Protective Action Distances in the 2012
14        Emergency Response Guidebook published by the United
15        States Department of Transportation, (iv) pay a
16        prevailing wage for employees at that location who are
17        engaged in construction activities, and (v) secure an
18        appropriate level of general liability insurance to
19        protect against catastrophic failure of the fertilizer
20        plant or any of its constituent systems; in addition,
21        the business must agree to enter into a construction
22        project labor agreement including provisions
23        establishing wages, benefits, and other compensation
24        for employees performing work under the project labor
25        agreement at that location; for the purposes of this
26        Section, "fertilizer plant" means a newly constructed

 

 

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1        or upgraded plant utilizing gas used in the production
2        of anhydrous ammonia and downstream nitrogen
3        fertilizer products for resale; for the purposes of
4        this Section, "prevailing wage" means the hourly cash
5        wages plus fringe benefits for training and
6        apprenticeship programs approved by the U.S.
7        Department of Labor, Bureau of Apprenticeship and
8        Training, health and welfare, insurance, vacations and
9        pensions paid generally, in the locality in which the
10        work is being performed, to employees engaged in work
11        of a similar character on public works; this paragraph
12        (F) applies only to businesses that submit an
13        application to the Department within 60 days after
14        July 25, 2013 (the effective date of Public Act
15        98-109); or
16            (G) the business intends to establish a new
17        cultured cell material food production facility at a
18        designated location in Illinois. As used in this
19        paragraph (G):
20            "Cultured cell material food production facility"
21        means a facility (i) at which cultured animal cell
22        food is developed using animal cell culture
23        technology, (ii) at which production processes occur
24        that include the establishment of cell lines and cell
25        banks, manufacturing controls, and all components and
26        inputs, and (iii) that complies with all existing

 

 

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1        registrations, inspections, licensing, and approvals
2        from all applicable and participating State and
3        federal food agencies, including the Department of
4        Agriculture, the Department of Public Health, and the
5        United States Food and Drug Administration, to ensure
6        that all food production is safe and lawful under
7        provisions of the Federal Food, Drug and Cosmetic Act
8        related to the development, production, and storage of
9        cultured animal cell food.
10            "New cultured cell material food production
11        facility" means a newly constructed cultured cell
12        material food production facility that is placed in
13        service on or after June 7, 2023 (the effective date of
14        Public Act 103-9) this amendatory Act of the 103rd
15        General Assembly or a newly constructed expansion of
16        an existing cultured cell material food production
17        facility, in a controlled environment, when the
18        improvements are placed in service on or after June 7,
19        2023 (the effective date of Public Act 103-9) this
20        amendatory Act of the 103rd General Assembly; or and
21            (H) (G) the business is an existing or planned
22        grocery store, as that term is defined in Section 5 of
23        the Grocery Initiative Act, and receives financial
24        support under that Act within the 10 years before
25        submitting its application under this Act; and
26        (4) no later than 90 days after an application is

 

 

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1    submitted, the Department shall notify the applicant of
2    the Department's determination of the qualification of the
3    proposed High Impact Business under this Section.
4    (b) Businesses designated as High Impact Businesses
5pursuant to subdivision (a)(3)(A) of this Section shall
6qualify for the credits and exemptions described in the
7following Acts: Section 9-222 and Section 9-222.1A of the
8Public Utilities Act, subsection (h) of Section 201 of the
9Illinois Income Tax Act, and Section 1d of the Retailers'
10Occupation Tax Act; provided that these credits and exemptions
11described in these Acts shall not be authorized until the
12minimum investments set forth in subdivision (a)(3)(A) of this
13Section have been placed in service in qualified properties
14and, in the case of the exemptions described in the Public
15Utilities Act and Section 1d of the Retailers' Occupation Tax
16Act, the minimum full-time equivalent jobs or full-time
17retained jobs set forth in subdivision (a)(3)(A) of this
18Section have been created or retained. Businesses designated
19as High Impact Businesses under this Section shall also
20qualify for the exemption described in Section 5l of the
21Retailers' Occupation Tax Act. The credit provided in
22subsection (h) of Section 201 of the Illinois Income Tax Act
23shall be applicable to investments in qualified property as
24set forth in subdivision (a)(3)(A) of this Section.
25    (b-5) Businesses designated as High Impact Businesses
26pursuant to subdivisions (a)(3)(B), (a)(3)(B-5), (a)(3)(C),

 

 

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1(a)(3)(D), and (a)(3)(G), and (a)(3)(H) of this Section shall
2qualify for the credits and exemptions described in the
3following Acts: Section 51 of the Retailers' Occupation Tax
4Act, Section 9-222 and Section 9-222.1A of the Public
5Utilities Act, and subsection (h) of Section 201 of the
6Illinois Income Tax Act; however, the credits and exemptions
7authorized under Section 9-222 and Section 9-222.1A of the
8Public Utilities Act, and subsection (h) of Section 201 of the
9Illinois Income Tax Act shall not be authorized until the new
10electric generating facility, the new gasification facility,
11the new transmission facility, the new, expanded, or reopened
12coal mine, or the new cultured cell material food production
13facility, or the existing or planned grocery store is
14operational, except that a new electric generating facility
15whose primary fuel source is natural gas is eligible only for
16the exemption under Section 5l of the Retailers' Occupation
17Tax Act.
18    (b-6) Businesses designated as High Impact Businesses
19pursuant to subdivision (a)(3)(E) or (a)(3)(E-5) of this
20Section shall qualify for the exemptions described in Section
215l of the Retailers' Occupation Tax Act; any business so
22designated as a High Impact Business being, for purposes of
23this Section, a "Wind Energy Business".
24    (b-7) Beginning on January 1, 2021, businesses designated
25as High Impact Businesses by the Department shall qualify for
26the High Impact Business construction jobs credit under

 

 

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

 

 

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1    (f) Except for businesses contemplated under subdivision
2(a)(3)(E), or subdivision (a)(3)(G), or subdivision (a)(3)(H)
3of this Section, in the event that a business is designated a
4High Impact Business and it is later determined after
5reasonable notice and an opportunity for a hearing as provided
6under the Illinois Administrative Procedure Act, that the
7business would have placed in service in qualified property
8the investments and created or retained the requisite number
9of jobs without the benefits of the High Impact Business
10designation, the Department shall be required to immediately
11revoke the designation and notify the Director of the
12Department of Revenue who shall begin proceedings to recover
13all wrongfully exempted State taxes with interest. The
14business shall also be ineligible for all State funded
15Department programs for a period of 10 years.
16    (g) The Department shall revoke a High Impact Business
17designation if the participating business fails to comply with
18the terms and conditions of the designation.
19    (h) Prior to designating a business, the Department shall
20provide the members of the General Assembly and Commission on
21Government Forecasting and Accountability with a report
22setting forth the terms and conditions of the designation and
23guarantees that have been received by the Department in
24relation to the proposed business being designated.
25    (i) High Impact Business construction jobs credit.
26Beginning on January 1, 2021, a High Impact Business may

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    The records submitted in accordance with this subsection
2shall be considered public records, except an employee's
3address, telephone number, and social security number, and
4made available in accordance with the Freedom of Information
5Act. The Department of Labor shall share the information with
6the Department in order to comply with the awarding of a High
7Impact Business construction jobs credit. A contractor,
8subcontractor, or public body may retain records required
9under this Section in paper or electronic format.
10    (k) Upon 7 business days' notice, each contractor and
11subcontractor shall make available for inspection and copying
12at a location within this State during reasonable hours, the
13records identified in this subsection (j) to the taxpayer in
14charge of the High Impact Business construction jobs project,
15its officers and agents, the Director of the Department of
16Labor and his or her deputies and agents, and to federal,
17State, or local law enforcement agencies and prosecutors.
18    (l) The changes made to this Section by Public Act
19102-1125 this amendatory Act of the 102nd General Assembly,
20other than the changes in subsection (a), apply to High Impact
21Businesses high impact businesses that submit applications on
22or after February 3, 2023 (the effective date of Public Act
23102-1125) this amendatory Act of the 102nd General Assembly.
24(Source: P.A. 102-108, eff. 1-1-22; 102-558, eff. 8-20-21;
25102-605, eff. 8-27-21; 102-662, eff. 9-15-21; 102-673, eff.
2611-30-21; 102-813, eff. 5-13-22; 102-1125, eff. 2-3-23; 103-9,

 

 

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1eff. 6-7-23; 103-561, eff. 1-1-24; revised 9-27-23.)
 
2    Section 85. The Department of Human Services Act is
3amended by changing Sections 10-75 and 80-45 as follows:
 
4    (20 ILCS 1305/10-75)
5    Sec. 10-75. Homelessness supports in Illinois.
6    (a) The Office to Prevent and End Homelessness (Office) is
7created within the Department of Human Services to facilitate
8the implementation of a strategic plan and initiatives aimed
9at decreasing homelessness and unnecessary
10institutionalization in Illinois, improving health and human
11services outcomes for people who experience homelessness, and
12strengthening the safety nets that contribute to housing
13stability. The Office shall be led by the State Homelessness
14Chief Officer who shall report to the Secretary of the
15Department. The Chief Officer shall also chair the Interagency
16Task Force on Homelessness, co-chair the Community Advisory
17Council on Homelessness, and lead the State's comprehensive
18efforts related to homelessness prevention. The Chief Officer
19shall serve as a policymaker and spokesperson on homelessness
20prevention, including coordinating the multi-agency effort
21through legislation, rules, and budgets and communicating with
22the General Assembly and federal and local leaders on these
23critical issues.
24    (b) The Interagency Task Force on Homelessness is created

 

 

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1within the Department of Human Services to facilitate and
2implement initiatives related to decreasing homelessness and
3unnecessary institutionalization in this State, improve health
4and human services outcomes for people who experience
5homelessness, and strengthen the safety nets that contribute
6to housing stability. The Task Force shall:
7        (1) Implement the State Plan which is aimed at
8    addressing homelessness and unnecessary
9    institutionalization with the goals of achieving
10    functional zero homelessness, improving health and human
11    services outcomes for people experiencing homelessness,
12    and strengthening the safety nets that contribute to
13    housing stability.
14        (2) Recommend policy, regulatory, and resource changes
15    necessary to accomplish goals and objectives laid out in
16    the State Plan.
17        (3) Serve within State government and in the State at
18    large as an advocate for people experiencing homelessness.
19        (4) Provide leadership for and collaborate with those
20    developing and implementing local plans to end
21    homelessness in Illinois, including, but not limited to,
22    the Community Advisory Council and its members.
23        (5) Recommend the resources needed for successful
24    implementation and oversee that implementation.
25        (6) Recommend and promote effective interagency
26    collaboration and system integration to converge related

 

 

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1    efforts, including coordination with the Illinois Youth
2    Homelessness Prevention Subcommittee, the Illinois
3    Commission on the Elimination of Poverty, and the Illinois
4    Commission to End Hunger on drafting policy
5    recommendations related to the intersection of
6    homelessness and poverty.
7        (7) Recommend needed policy, regulatory, and resource
8    distribution changes; make oversight recommendations that
9    will ensure accountability, results, and sustained
10    success; and develop specific proposals and
11    recommendations for action to provide to the Governor and
12    the General Assembly.
13    (c) (Blank).
14    (d) The Task Force may solicit feedback from stakeholders,
15customers, and advocates to inform Task Force recommendations
16as necessary.
17    (e) On or before December 1, 2024, and each year
18thereafter, the Task Force shall submit a report to the
19Governor and General Assembly regarding the Task Force's work
20during the year prior, any new recommendations developed by
21the Task Force, any recommendations made by the Community
22Advisory Council on Homelessness, and any key outcomes and
23measures related to homelessness.
24    (f) The Task Force shall include the following members
25appointed by the Governor:
26        (1) The Chief Homelessness Officer, who shall serve as

 

 

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1    Chair.
2        (2) The Secretary of Human Services, or his or her
3    designee.
4        (3) The Executive Director of the Illinois Housing
5    Development Authority, or his or her designee.
6        (4) The Director of Healthcare and Family Services, or
7    his or her designee.
8        (5) The Superintendent of the State Board of
9    Education, or his or her designee.
10        (6) The Executive Director of the Board of Higher
11    Education, or his or her designee.
12        (7) The Executive Director of the Illinois Community
13    College Board, or his or her designee.
14        (8) The Director of Corrections, or his or her
15    designee.
16        (9) The Director of Veterans' Affairs, or his or her
17    designee.
18        (10) The Director of Children and Family Services, or
19    his or her designee.
20        (11) The Director of Public Health, or his or her
21    designee.
22        (12) The Director of Aging, or his or her designee.
23        (13) The Director of Juvenile Justice, or his or her
24    designee.
25        (14) The Director of Commerce and Economic
26    Opportunity, or his or her designee.

 

 

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1        (15) The Director of Employment Security, or his or
2    her designee.
3        (16) The Director of the Illinois State Police, or his
4    or her designee.
5        (17) The Executive Director of the Illinois Criminal
6    Justice Information Authority, or his or her designee.
7        (18) The Director of the Office of Management and
8    Budget, or his or her designee.
9    (g) The Task Force shall also include the following
10members:
11        (1) One member appointed by the President of the
12    Senate.
13        (2) One member appointed by the Minority Leader of the
14    Senate.
15        (3) One member appointed by the Speaker of the House
16    of Representatives.
17        (4) One member appointed by the Minority Leader of the
18    House of Representatives.
19    (h) The Chair of the Task Force may appoint additional
20representatives from State agencies as needed.
21    (i) The Task Force shall meet at the call of the chair, at
22least 4 times per year. Members shall serve without
23compensation.
24    (j) The Task Force may establish subcommittees to address
25specific issues or populations and may collaborate with
26individuals with relevant expertise who are not members of the

 

 

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1Task Force to assist the subcommittee in carrying out its
2duties.
3    (k) The Department of Human Services shall provide
4administrative support to the Task Force.
5    (l) Nothing in this Act shall be construed to contravene
6any federal or State law or regulation. Unless specifically
7referenced in this Act, nothing in this Act shall affect or
8alter the existing statutory powers of any State agency or be
9construed as a reassignment or reorganization of any State
10agency.
11    (m) Community Advisory Council. The Community Advisory
12Council on Homelessness is created within the Department of
13Human Services to make recommendations to the Interagency Task
14Force on Homelessness regarding homelessness and unnecessary
15institutionalization with the goals of achieving functional
16zero homelessness, improving health and human services
17outcomes for people experiencing homelessness and
18strengthening the safety nets that contribute to housing
19stability.
20        (1) The Advisory Council shall be co-chaired by the
21    Chief Homelessness Officer and a member of the Advisory
22    Council designated by the Governor. The Advisory Council
23    shall consist of all of the following members appointed by
24    the Governor. Members appointed to the Advisory Council
25    must reflect the racial, ethnic, and geographic diversity
26    of this State. The Chief may include any State agency

 

 

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1    staff that they deem necessary as ex officio, nonvoting
2    members of the Community Advisory Council.
3            (A) Three members with lived experience of
4        homelessness or housing insecurity, which may include,
5        but are not limited to, formerly incarcerated persons,
6        veterans, and youth (16 to 25 years old).
7            (B) One member representing individuals with
8        disabilities.
9            (C) Two members representing the philanthropic
10        private funding sector.
11            (D) One member representing a statewide behavioral
12        health advocacy organization.
13            (E) One member representing a statewide housing
14        advocacy organization.
15            (F) At least 2 members representing local
16        Continuums of Care.
17            (G) At least 3 members representing local units of
18        government (municipal, county, or township).
19            (H) One member representing an organization that
20        supports victims of domestic violence.
21            (I) A minimum of 4 members representing providers
22        of the homeless response system inclusive of, but not
23        limited to, emergency supportive housing, rapid
24        rehousing, permanent supportive housing, homeless
25        youth programs, and homeless prevention.
26            (J) Two members, who may or may not meet the

 

 

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1        qualification requirements for the other appointees.
2    The Advisory Council shall meet at least 4 times per year.
3        (2) Members shall serve without compensation, but
4    public members may be reimbursed for reasonable and
5    necessary travel expenses connected to Task Force
6    business. Persons with lived experience of homelessness
7    and housing insecurity, who are not otherwise compensated
8    by employers to attend the Community Advisory Council,
9    shall receive compensation for each quarterly Council
10    meeting attended.
11        (3) The meetings of the Advisory Council shall be
12    conducted in accordance with the provisions of Section 2
13    of the Open Meetings Act. The Department of Human Services
14    shall provide staff and administrative support to assist
15    the Advisory Council in carrying out its duties.
16        (4) Nothing in this Act shall be construed to
17    contravene any federal or State law or regulation. Unless
18    specifically referenced in this Act, nothing in this Act
19    shall affect or alter the existing statutory powers of any
20    State agency or be construed as a reassignment or
21    reorganization of any State agency.
22        (5) On or before November 15, 2023, and each year
23    thereafter, the Advisory Council shall submit
24    recommendations to the Interagency Task Force on
25    Homelessness.
26(Source: P.A. 103-269, eff. 7-26-23; revised 1-20-24.)
 

 

 

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1    (20 ILCS 1305/80-45)
2    Sec. 80-45. Funding agent and administration.
3    (a) The Department shall act as funding agent under the
4terms of the Illinois Affordable Housing Act and shall
5administer other appropriations for the use of the Illinois
6Housing Development Authority.
7    (b) The Department may enter into contracts,
8intergovernmental agreements, grants, cooperative agreements,
9memoranda of understanding, or other instruments with any
10federal, State, or local government agency as necessary to
11fulfill its role as funding agent in compliance with State and
12federal law. The Department and the Department of Revenue
13shall coordinate, in consultation with the Illinois Housing
14Development Authority, the transition of the funding agent
15role, including the transfer of any and all books, records, or
16documents, in whatever form stored, necessary to the
17Department's execution of the duties of the funding agent, and
18the Department may submit to the Governor's Office of
19Management and Budget requests for exception pursuant to
20Section 55 of the Grant Accountability and Transparency Act.
21Notwithstanding Section 5 of the Illinois Grant Funds Recovery
22Act, for State fiscal years 2023 and 2024 only, in order to
23accomplish the transition of the funding agent role to the
24Department, grant funds may be made available for expenditure
25by a grantee for a period of 3 years from the date the funds

 

 

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1were distributed by the State.
2(Source: P.A. 103-8, eff. 7-1-23; revised 9-25-23.)
 
3    Section 90. The Department of Innovation and Technology
4Act is amended by changing Section 1-80 as follows:
 
5    (20 ILCS 1370/1-80)
6    Sec. 1-80. Generative AI and Natural Language Processing
7Task Force.
8    (a) As used in this Section, "Task Force" means the
9Generative AI and Natural Language Processing Task Force
10established by this Section.
11    (b) The Department shall establish the Generative AI and
12Natural Language Processing Task Force. The Task Force shall
13investigate and provide a report on generative artificial
14intelligence software and natural language processing
15software.
16    (c) The Task Force shall be composed of all of the
17following members:
18        (1) One member appointed by the Speaker of the House
19    of Representatives, who shall serve as a co-chairperson.
20        (2) One member appointed by the Minority Leader of the
21    House of Representatives.
22        (3) One member appointed by the President of the
23    Senate, who shall serve as a co-chairperson.
24        (4) One member appointed by the Minority Leader of the

 

 

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1    Senate.
2        (5) The Secretary of the Department of Innovation and
3    Technology or his or her designee.
4        (6) The State Superintendent of Education or his or
5    her designee.
6        (7) The Executive Director of the Illinois Community
7    College Board or his or her designee.
8        (8) The Executive Director of the Board of Higher
9    Education or his or her designee.
10        (9) Two teachers recommended by a statewide
11    association representing teachers, appointed by the
12    Governor.
13        (10) Two principals recommended by a statewide
14    principals association, appointed by the Governor.
15        (11) Two experts on cybersecurity, appointed by the
16    Governor.
17        (12) Two experts on artificial intelligence, appointed
18    by the Governor.
19        (13) Two members of statewide business associations,
20    appointed by the Governor.
21        (14) The Statewide Chief Information Security Officer
22    or his or her designee.
23        (15) Two members of statewide labor associations,
24    appointed by the Governor.
25        (16) The Attorney General or his or her designee.
26    (d) The Task Force shall hold at least 5 public meetings in

 

 

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1a hybrid format, with both virtual and in-person options to
2attend. Of those required 5 meetings, one shall be held in each
3of the following locations:
4        (1) Chicago;
5        (2) Springfield;
6        (3) the Metro East region;
7        (4) the Quad Cities region; and
8        (5) Southern Illinois.
9    (e) The responsibilities of the Task Force shall include
10all of the following:
11        (1) recommending legislation or regulations to protect
12    consumer information as it relates to generative
13    artificial intelligence;
14        (2) recommending model policies for schools to address
15    the use of generative artificial intelligence by students
16    in the classroom;
17        (3) assessing the use of generative artificial
18    intelligence to improve delivery of public services;
19        (4) (5) protecting civil rights and civil liberties of
20    individuals and consumers as it relates to generative
21    artificial intelligence;
22        (5) (6) assessing the use of generative artificial
23    intelligence in the workforce and how this could affect
24    employment levels, types of employment, and the deployment
25    of workers;
26        (6) (7) assessing the challenges of generative

 

 

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1    artificial intelligence for cybersecurity; and
2        (7) (8) other topics related to generative artificial
3    intelligence software and natural language processing
4    software that may arise from testimony or reports to the
5    Task Force submitted by its members or the public.
6    (f) The Department shall provide administrative and
7technical support to the Task Force.
8    (g) The Task Force shall file a report by December 31, 2024
9with the Governor and the General Assembly covering the Task
10Force's investigation into generative artificial intelligence
11software and natural language processing software and the Task
12Force's responsibilities under subsection (e).
13(Source: P.A. 103-451, eff. 8-4-23; revised 11-1-23.)
 
14    Section 95. The Department of Insurance Law of the Civil
15Administrative Code of Illinois is amended by setting forth
16and renumbering multiple versions of Section 1405-50 as
17follows:
 
18    (20 ILCS 1405/1405-50)
19    Sec. 1405-50. Marketplace Director of the Illinois Health
20Benefits Exchange. The Governor shall appoint, with the advice
21and consent of the Senate, a person within the Department of
22Insurance to serve as the Marketplace Director of the Illinois
23Health Benefits Exchange. The Governor may make a temporary
24appointment until the next meeting of the Senate. This person

 

 

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1may be an existing employee with other duties. The Marketplace
2Director shall receive an annual salary as set by the Governor
3and shall be paid out of the appropriations to the Department.
4The Marketplace Director shall not be subject to the Personnel
5Code. The Marketplace Director, under the direction of the
6Director, shall manage the operations and staff of the
7Illinois Health Benefits Exchange to ensure optimal exchange
8performance.
9(Source: P.A. 103-103, eff. 6-27-23.)
 
10    (20 ILCS 1405/1405-51)
11    Sec. 1405-51 1405-50. Health insurance coverage,
12affordability, and cost transparency annual report.
13    (a) On or before May 1, 2026, and each May 1 thereafter,
14the Department of Insurance shall report to the Governor and
15the General Assembly on health insurance coverage,
16affordability, and cost trends, including:
17        (1) medical cost trends by major service category,
18    including prescription drugs;
19        (2) utilization patterns of services by major service
20    categories;
21        (3) impact of benefit changes, including essential
22    health benefits and non-essential health benefits;
23        (4) enrollment trends;
24        (5) demographic shifts;
25        (6) geographic factors and variations, including

 

 

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1    changes in provider availability;
2        (7) health care quality improvement initiatives;
3        (8) inflation and other factors impacting this State's
4    economic condition;
5        (9) the availability of financial assistance and tax
6    credits to pay for health insurance coverage for
7    individuals and small businesses;
8        (10) trends in out-of-pocket costs for consumers; and
9        (11) factors contributing to costs that are not
10    otherwise specified in paragraphs (1) through (10) of this
11    subsection.
12    (b) This report shall not attribute any information or
13trend to a specific company and shall not disclose any
14information otherwise considered confidential or proprietary.
15(Source: P.A. 103-106, eff. 1-1-24; revised 12-19-23.)
 
16    Section 100. The Department of Professional Regulation Law
17of the Civil Administrative Code of Illinois is amended by
18changing Section 2105-15 and by setting forth and renumbering
19multiple versions of Section 2105-370 as follows:
 
20    (20 ILCS 2105/2105-15)
21    Sec. 2105-15. General powers and duties.
22    (a) The Department has, subject to the provisions of the
23Civil Administrative Code of Illinois, the following powers
24and duties:

 

 

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1        (1) To authorize examinations in English to ascertain
2    the qualifications and fitness of applicants to exercise
3    the profession, trade, or occupation for which the
4    examination is held.
5        (2) To prescribe rules and regulations for a fair and
6    wholly impartial method of examination of candidates to
7    exercise the respective professions, trades, or
8    occupations.
9        (3) To pass upon the qualifications of applicants for
10    licenses, certificates, and authorities, whether by
11    examination, by reciprocity, or by endorsement.
12        (4) To prescribe rules and regulations defining, for
13    the respective professions, trades, and occupations, what
14    shall constitute a school, college, or university, or
15    department of a university, or other institution,
16    reputable and in good standing, and to determine the
17    reputability and good standing of a school, college, or
18    university, or department of a university, or other
19    institution, reputable and in good standing, by reference
20    to a compliance with those rules and regulations;
21    provided, that no school, college, or university, or
22    department of a university, or other institution that
23    refuses admittance to applicants solely on account of
24    race, color, creed, sex, sexual orientation, or national
25    origin shall be considered reputable and in good standing.
26        (5) To conduct hearings on proceedings to revoke,

 

 

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1    suspend, refuse to renew, place on probationary status, or
2    take other disciplinary action as authorized in any
3    licensing Act administered by the Department with regard
4    to licenses, certificates, or authorities of persons
5    exercising the respective professions, trades, or
6    occupations and to revoke, suspend, refuse to renew, place
7    on probationary status, or take other disciplinary action
8    as authorized in any licensing Act administered by the
9    Department with regard to those licenses, certificates, or
10    authorities.
11        The Department shall issue a monthly disciplinary
12    report.
13        The Department shall refuse to issue or renew a
14    license to, or shall suspend or revoke a license of, any
15    person who, after receiving notice, fails to comply with a
16    subpoena or warrant relating to a paternity or child
17    support proceeding. However, the Department may issue a
18    license or renewal upon compliance with the subpoena or
19    warrant.
20        The Department, without further process or hearings,
21    shall revoke, suspend, or deny any license or renewal
22    authorized by the Civil Administrative Code of Illinois to
23    a person who is certified by the Department of Healthcare
24    and Family Services (formerly Illinois Department of
25    Public Aid) as being more than 30 days delinquent in
26    complying with a child support order or who is certified

 

 

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1    by a court as being in violation of the Non-Support
2    Punishment Act for more than 60 days. The Department may,
3    however, issue a license or renewal if the person has
4    established a satisfactory repayment record as determined
5    by the Department of Healthcare and Family Services
6    (formerly Illinois Department of Public Aid) or if the
7    person is determined by the court to be in compliance with
8    the Non-Support Punishment Act. The Department may
9    implement this paragraph as added by Public Act 89-6
10    through the use of emergency rules in accordance with
11    Section 5-45 of the Illinois Administrative Procedure Act.
12    For purposes of the Illinois Administrative Procedure Act,
13    the adoption of rules to implement this paragraph shall be
14    considered an emergency and necessary for the public
15    interest, safety, and welfare.
16        (6) To transfer jurisdiction of any realty under the
17    control of the Department to any other department of the
18    State Government or to acquire or accept federal lands
19    when the transfer, acquisition, or acceptance is
20    advantageous to the State and is approved in writing by
21    the Governor.
22        (7) To formulate rules and regulations necessary for
23    the enforcement of any Act administered by the Department.
24        (8) To exchange with the Department of Healthcare and
25    Family Services information that may be necessary for the
26    enforcement of child support orders entered pursuant to

 

 

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1    the Illinois Public Aid Code, the Illinois Marriage and
2    Dissolution of Marriage Act, the Non-Support of Spouse and
3    Children Act, the Non-Support Punishment Act, the Revised
4    Uniform Reciprocal Enforcement of Support Act, the Uniform
5    Interstate Family Support Act, the Illinois Parentage Act
6    of 1984, or the Illinois Parentage Act of 2015.
7    Notwithstanding any provisions in this Code to the
8    contrary, the Department of Financial and Professional
9    Regulation shall not be liable under any federal or State
10    law to any person for any disclosure of information to the
11    Department of Healthcare and Family Services (formerly
12    Illinois Department of Public Aid) under this paragraph
13    (8) or for any other action taken in good faith to comply
14    with the requirements of this paragraph (8).
15        (8.3) To exchange information with the Department of
16    Human Rights regarding recommendations received under
17    paragraph (B) of Section 8-109 of the Illinois Human
18    Rights Act regarding a licensee or candidate for licensure
19    who has committed a civil rights violation that may lead
20    to the refusal, suspension, or revocation of a license
21    from the Department.
22        (8.5) To accept continuing education credit for
23    mandated reporter training on how to recognize and report
24    child abuse offered by the Department of Children and
25    Family Services and completed by any person who holds a
26    professional license issued by the Department and who is a

 

 

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1    mandated reporter under the Abused and Neglected Child
2    Reporting Act. The Department shall adopt any rules
3    necessary to implement this paragraph.
4        (9) To perform other duties prescribed by law.
5    (a-5) Except in cases involving delinquency in complying
6with a child support order or violation of the Non-Support
7Punishment Act and notwithstanding anything that may appear in
8any individual licensing Act or administrative rule, no person
9or entity whose license, certificate, or authority has been
10revoked as authorized in any licensing Act administered by the
11Department may apply for restoration of that license,
12certification, or authority until 3 years after the effective
13date of the revocation.
14    (b) (Blank).
15    (c) For the purpose of securing and preparing evidence,
16and for the purchase of controlled substances, professional
17services, and equipment necessary for enforcement activities,
18recoupment of investigative costs, and other activities
19directed at suppressing the misuse and abuse of controlled
20substances, including those activities set forth in Sections
21504 and 508 of the Illinois Controlled Substances Act, the
22Director and agents appointed and authorized by the Director
23may expend sums from the Professional Regulation Evidence Fund
24that the Director deems necessary from the amounts
25appropriated for that purpose. Those sums may be advanced to
26the agent when the Director deems that procedure to be in the

 

 

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1public interest. Sums for the purchase of controlled
2substances, professional services, and equipment necessary for
3enforcement activities and other activities as set forth in
4this Section shall be advanced to the agent who is to make the
5purchase from the Professional Regulation Evidence Fund on
6vouchers signed by the Director. The Director and those agents
7are authorized to maintain one or more commercial checking
8accounts with any State banking corporation or corporations
9organized under or subject to the Illinois Banking Act for the
10deposit and withdrawal of moneys to be used for the purposes
11set forth in this Section; provided, that no check may be
12written nor any withdrawal made from any such account except
13upon the written signatures of 2 persons designated by the
14Director to write those checks and make those withdrawals.
15Vouchers for those expenditures must be signed by the
16Director. All such expenditures shall be audited by the
17Director, and the audit shall be submitted to the Department
18of Central Management Services for approval.
19    (d) Whenever the Department is authorized or required by
20law to consider some aspect of criminal history record
21information for the purpose of carrying out its statutory
22powers and responsibilities, then, upon request and payment of
23fees in conformance with the requirements of Section 2605-400
24of the Illinois State Police Law, the Illinois State Police is
25authorized to furnish, pursuant to positive identification,
26the information contained in State files that is necessary to

 

 

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1fulfill the request.
2    (e) The provisions of this Section do not apply to private
3business and vocational schools as defined by Section 15 of
4the Private Business and Vocational Schools Act of 2012.
5    (f) (Blank).
6    (f-5) Notwithstanding anything that may appear in any
7individual licensing statute or administrative rule, the
8Department shall allow an applicant to provide his or her
9individual taxpayer identification number as an alternative to
10providing a social security number when applying for a
11license.
12    (g) Notwithstanding anything that may appear in any
13individual licensing statute or administrative rule, the
14Department shall deny any license application or renewal
15authorized under any licensing Act administered by the
16Department to any person who has failed to file a return, or to
17pay the tax, penalty, or interest shown in a filed return, or
18to pay any final assessment of tax, penalty, or interest, as
19required by any tax Act administered by the Illinois
20Department of Revenue, until such time as the requirement of
21any such tax Act are satisfied; however, the Department may
22issue a license or renewal if the person has established a
23satisfactory repayment record as determined by the Illinois
24Department of Revenue. For the purpose of this Section,
25"satisfactory repayment record" shall be defined by rule.
26    In addition, a complaint filed with the Department by the

 

 

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1Illinois Department of Revenue that includes a certification,
2signed by its Director or designee, attesting to the amount of
3the unpaid tax liability or the years for which a return was
4not filed, or both, is prima facie evidence of the licensee's
5failure to comply with the tax laws administered by the
6Illinois Department of Revenue. Upon receipt of that
7certification, the Department shall, without a hearing,
8immediately suspend all licenses held by the licensee.
9Enforcement of the Department's order shall be stayed for 60
10days. The Department shall provide notice of the suspension to
11the licensee by mailing a copy of the Department's order to the
12licensee's address of record or emailing a copy of the order to
13the licensee's email address of record. The notice shall
14advise the licensee that the suspension shall be effective 60
15days after the issuance of the Department's order unless the
16Department receives, from the licensee, a request for a
17hearing before the Department to dispute the matters contained
18in the order.
19    Any suspension imposed under this subsection (g) shall be
20terminated by the Department upon notification from the
21Illinois Department of Revenue that the licensee is in
22compliance with all tax laws administered by the Illinois
23Department of Revenue.
24    The Department may promulgate rules for the administration
25of this subsection (g).
26    (g-5) Notwithstanding anything that may appear in any

 

 

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1individual licensing statute or administrative rule, the
2Department shall refuse the issuance or renewal of a license
3to, or suspend or revoke the license of, any individual,
4corporation, partnership, or other business entity that has
5been found by the Illinois Workers' Compensation Commission or
6the Department of Insurance to have failed to (i) secure
7workers' compensation obligations in the manner required by
8subsections (a) and (b) of Section 4 of the Workers'
9Compensation Act, (ii) pay in full a fine or penalty imposed
10due to a failure to secure workers' compensation obligations
11in the manner required by subsections (a) and (b) of Section 4
12of the Workers' Compensation Act, or (iii) fulfill all
13obligations assumed pursuant to a settlement reached with the
14Illinois Workers' Compensation Commission or the Department of
15Insurance relating to a failure to secure workers'
16compensation obligations in the manner required by subsections
17(a) and (b) of Section 4 of the Workers' Compensation Act. No
18initial or renewal license shall be issued, and no suspended
19license shall be reinstated, until such time that the
20Department is notified by the Illinois Workers' Compensation
21Commission or the Department of Insurance that the licensee's
22or applicant's failure to comply with subsections (a) and (b)
23of Section 4 of the Workers' Compensation Act has been
24corrected or otherwise resolved to satisfaction of the
25Illinois Workers' Compensation Commission or the Department of
26Insurance.

 

 

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1    In addition, a complaint filed with the Department by the
2Illinois Workers' Compensation Commission or the Department of
3Insurance that includes a certification, signed by its
4Director or Chairman, or the Director or Chairman's designee,
5attesting to a finding of the failure to secure workers'
6compensation obligations in the manner required by subsections
7(a) and (b) of Section 4 of the Workers' Compensation Act or
8the failure to pay any fines or penalties or to discharge any
9obligation under a settlement relating to the failure to
10secure workers' compensation obligations in the manner
11required by subsections (a) and (b) of Section 4 of the
12Workers' Compensation Act is prima facie evidence of the
13licensee's or applicant's failure to comply with subsections
14(a) and (b) of Section 4 of the Workers' Compensation Act. Upon
15receipt of that certification, the Department shall, without a
16hearing, immediately suspend all licenses held by the licensee
17or the processing of any application from the applicant.
18Enforcement of the Department's order shall be stayed for 60
19days. The Department shall provide notice of the suspension to
20the licensee by mailing a copy of the Department's order to the
21licensee's address of record or emailing a copy of the order to
22the licensee's email address of record. The notice shall
23advise the licensee that the suspension shall be effective 60
24days after the issuance of the Department's order unless the
25Department receives from the licensee or applicant a request
26for a hearing before the Department to dispute the matters

 

 

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1contained in the order.
2    Any suspension imposed under this subsection shall be
3terminated by the Department upon notification from the
4Illinois Workers' Compensation Commission or the Department of
5Insurance that the licensee's or applicant's failure to comply
6with subsections (a) and (b) of Section 4 of the Workers'
7Compensation Act has been corrected or otherwise resolved to
8the satisfaction of the Illinois Workers' Compensation
9Commission Commissions or the Department of Insurance.
10    No license shall be suspended or revoked until after the
11licensee is afforded any due process protection guaranteed by
12statute or rule adopted by the Illinois Workers' Compensation
13Commission or the Department of Insurance.
14    The Department may adopt rules for the administration of
15this subsection.
16    (h) The Department may grant the title "Retired", to be
17used immediately adjacent to the title of a profession
18regulated by the Department, to eligible retirees. For
19individuals licensed under the Medical Practice Act of 1987,
20the title "Retired" may be used in the profile required by the
21Patients' Right to Know Act. The use of the title "Retired"
22shall not constitute representation of current licensure,
23registration, or certification. Any person without an active
24license, registration, or certificate in a profession that
25requires licensure, registration, or certification shall not
26be permitted to practice that profession.

 

 

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1    (i) The Department shall make available on its website
2general information explaining how the Department utilizes
3criminal history information in making licensure application
4decisions, including a list of enumerated offenses that serve
5as a statutory bar to licensure.
6(Source: P.A. 102-538, eff. 8-20-21; 103-26, eff. 1-1-24;
7revised 1-2-24.)
 
8    (20 ILCS 2105/2105-368)
9    (This Section may contain text from a Public Act with a
10delayed effective date)
11    Sec. 2105-368 2105-370. Data on applications. In
12conjunction with applications for licensure, the Department
13shall request, and applicants may voluntarily provide,
14demographic information that includes sex, ethnicity, race,
15and disability. On or before March 1 of each calendar year, the
16Department shall publish a report on the Department's website
17that contains the demographic information it collected the
18preceding calendar year, the number of applications for
19licensure and renewal of licensure it received in the
20preceding calendar year, and the number of applicants who were
21denied licensure in the preceding calendar year regardless of
22whether application was made in that calendar year.
23(Source: P.A. 103-522, eff. 1-1-25; revised 9-25-23.)
 
24    (20 ILCS 2105/2105-370)

 

 

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1    (This Section may contain text from a Public Act with a
2delayed effective date)
3    Sec. 2105-370. Continuing education; cultural competency.
4    (a) As used in this Section:
5    "Cultural competency" means a set of integrated attitudes,
6knowledge, and skills that enables a health care professional
7or organization to care effectively for patients from diverse
8cultures, groups, and communities.
9    "Health care professional" means a person licensed or
10registered by the Department under the following Acts: the
11Medical Practice Act of 1987, the Nurse Practice Act, the
12Clinical Psychologist Licensing Act, the Illinois Optometric
13Practice Act of 1987, the Illinois Physical Therapy Act, the
14Pharmacy Practice Act, the Physician Assistant Practice Act of
151987, the Clinical Social Work and Social Work Practice Act,
16the Nursing Home Administrators Licensing and Disciplinary
17Act, the Illinois Occupational Therapy Practice Act, the
18Podiatric Medical Practice Act of 1987, the Respiratory Care
19Practice Act, the Professional Counselor and Clinical
20Professional Counselor Licensing and Practice Act, the
21Illinois Speech-Language Pathology and Audiology Practice Act,
22the Illinois Dental Practice Act, the Illinois Dental Practice
23Act, or the Behavior Analyst Licensing Act.
24    (b) For health care professional license or registration
25renewals occurring on or after January 1, 2025, a health care
26professional who has continuing education requirements must

 

 

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1complete at least a one-hour course in training on cultural
2competency. A health care professional may count this one hour
3for completion of this course toward meeting the minimum
4credit hours required for continuing education.
5    (c) The Department may adopt rules for the implementation
6of this Section.
7(Source: P.A. 103-531, eff. 1-1-25.)
 
8    Section 105. The Department of Public Health Powers and
9Duties Law of the Civil Administrative Code of Illinois is
10amended by changing Section 2310-130 and by setting forth and
11renumbering multiple versions of Section 2310-720 as follows:
 
12    (20 ILCS 2310/2310-130)
13    Sec. 2310-130. Long term care surveyors; surveyor
14development unit. Long Term Care Monitor/Receiver Beginning
15July 1, 2011, the Department shall employ a minimum of one
16surveyor for every 500 licensed long term care beds. Beginning
17July 1, 2012, the Department shall employ a minimum of one
18surveyor for every 400 licensed long term care beds. Beginning
19July 1, 2013, the Department shall employ a minimum of one
20surveyor for every 300 licensed long term care beds.
21    The Department shall establish a surveyor development unit
22funded from money deposited in the Long Term Care
23Monitor/Receiver Fund.
24(Source: P.A. 103-127, eff. 1-1-24; 103-363, eff. 7-28-23;

 

 

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1revised 12-12-23.)
 
2    (20 ILCS 2310/2310-720)
3    Sec. 2310-720. Pilot program with municipalities that
4employ a certified plumbing inspector. The Department shall
5create a pilot program to allow the Department to enter into an
6agreement with a municipality that employs a State of Illinois
7certified plumbing inspector to do inspections on behalf of
8the Department and submit appropriate documentation as
9requested to verify the inspections were completed to the
10standards required by the Department and outlined in the
11partnership.
12(Source: P.A. 103-321, eff. 1-1-24.)
 
13    (20 ILCS 2310/2310-725)
14    Sec. 2310-725 2310-720. Public educational effort on
15mental health and wellness. Subject to appropriation, the
16Department shall undertake a public educational campaign to
17bring broad public awareness to communities across this State
18on the importance of mental health and wellness, including the
19expanded coverage of mental health treatment, and consistent
20with the recommendations of the Illinois Children's Mental
21Health Partnership's Children's Mental Health Plan of 2022 and
22Public Act 102-899. The Department shall look to other
23successful public educational campaigns to guide this effort,
24such as the public educational campaign related to Get Covered

 

 

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1Illinois. Additionally, the Department shall work with the
2Department of Insurance, the Illinois State Board of
3Education, the Department of Human Services, the Department of
4Healthcare and Family Services, the Department of Juvenile
5Justice, the Department of Children and Family Services, and
6other State agencies as necessary to promote consistency in
7messaging and distribution methods between this campaign and
8other concurrent public educational campaigns related to
9mental health and mental wellness. Public messaging for this
10campaign shall be simple, be easy to understand, and include
11culturally competent messaging for different communities and
12regions throughout this State.
13(Source: P.A. 103-535, eff. 8-11-23; revised 9-25-23.)
 
14    Section 110. The Illinois State Police Law of the Civil
15Administrative Code of Illinois is amended by changing Section
162605-52 as follows:
 
17    (20 ILCS 2605/2605-52)
18    Sec. 2605-52. Division of Statewide 9-1-1.
19    (a) There shall be established an Office of the Statewide
209-1-1 Administrator within the Division of Statewide 9-1-1.
21Beginning January 1, 2016, the Office of the Statewide 9-1-1
22Administrator shall be responsible for developing,
23implementing, and overseeing a uniform statewide 9-1-1 system
24for all areas of the State outside of municipalities having a

 

 

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1population over 500,000.
2    (b) The Governor shall appoint, with the advice and
3consent of the Senate, a Statewide 9-1-1 Administrator. The
4Administrator shall serve for a term of 2 years, and until a
5successor is appointed and qualified; except that the term of
6the first 9-1-1 Administrator appointed under this Act shall
7expire on the third Monday in January, 2017. The Administrator
8shall not hold any other remunerative public office. The
9Administrator shall receive an annual salary as set by the
10Governor.
11    (c) The Illinois State Police, from appropriations made to
12it for that purpose, shall make grants to 9-1-1 Authorities
13for the purpose of defraying costs associated with 9-1-1
14system consolidations awarded by the Administrator under
15Section 15.4b of the Emergency Telephone System Act.
16    (d) The Division of Statewide 9-1-1 shall exercise the
17rights, powers, and duties vested by law in the Illinois State
18Police by the Illinois State Police Radio Act and shall
19oversee the Illinois State Police radio network, including the
20Illinois State Police Emergency Radio Network and Illinois
21State Police's STARCOM21.
22    (e) The Division of Statewide 9-1-1 shall also conduct the
23following communication activities:
24        (1) Acquire and operate one or more radio broadcasting
25    stations in the State to be used for police purposes.
26        (2) Operate a statewide communications network to

 

 

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1    gather and disseminate information for law enforcement
2    agencies.
3        (3) Undertake other communication activities that may
4    be required by law.
5        (4) Oversee Illinois State Police telecommunications.
6    (f) The Division of Statewide 9-1-1 shall oversee the
7Illinois State Police fleet operations.
8(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24;
9revised 1-2-24.)
 
10    Section 115. The Illinois State Police Act is amended by
11changing Section 16 as follows:
 
12    (20 ILCS 2610/16)  (from Ch. 121, par. 307.16)
13    Sec. 16. State policemen shall enforce the provisions of
14the Illinois Vehicle Code, approved September 29, 1969, as
15amended, and Article 9 of the "Illinois Highway Code" as
16amended; and shall patrol the public highways and rural
17districts to make arrests for violations of the provisions of
18such Acts. They are conservators of the peace and as such have
19all powers possessed by policemen in cities, and sheriffs,
20except that they may exercise such powers anywhere in this
21State. The State policemen shall cooperate with the police of
22cities, villages, and incorporated towns, and with the police
23officers of any county, in enforcing the laws of the State and
24in making arrests and recovering property. They may be

 

 

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1equipped with standardized and tested devices for weighing
2motor vehicles and may stop and weigh, acting reasonably, or
3cause to be weighed, any motor vehicle which appears to weigh
4in excess of the weight permitted by law. It shall also be the
5duty of the Illinois State Police to determine, whenever
6possible, the person or persons or the causes responsible for
7the breaking or destruction of any improved hard-surfaced
8roadway; and to arrest all persons criminally responsible for
9such breaking or destruction and bring them before the proper
10officer for trial. The Illinois State Police shall divide the
11State into zones, troops, or regions and assign each zone,
12troop, or region to one or more policemen. No person employed
13under this Act, however, shall serve or execute civil process,
14except for process issued under the authority of the General
15Assembly, or a committee or commission thereof vested with
16subpoena powers when the county sheriff refuses or fails to
17serve such process, and except for process allowed by statute
18or issued under the authority of the Illinois Department of
19Revenue.
20(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 6-9-23;
21revised 9-25-23.)
 
22    Section 120. The Human Remains Protection Act is amended
23by changing Section 13 as follows:
 
24    (20 ILCS 3440/13)  (from Ch. 127, par. 2673)

 

 

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1    Sec. 13. Notification.
2    (a) If an undertaking will occur on property that the
3property owner has been notified in writing by the Department
4that the land is likely to contain human remains, unregistered
5graves, grave markers, or grave artifacts, a permit shall be
6obtained by the landowner from the Department.
7    (b) If human remains, unregistered graves, grave markers,
8or grave artifacts that were unknown and were encountered by
9any person, a permit shall be obtained from the Department
10before any work on the undertaking may continue.
11    (c) The Department of Natural Resources shall adopt
12administrative rules whereby permits shall be issued for the
13avoidance, disturbance, or removal of human remains,
14unregistered graves, grave markers, or grave artifacts, or a
15combination of those activities. The Department may adopt
16emergency rules in accordance with Sections 5-45 and 5-45.47
175-45.35 of the Illinois Administrative Procedure Act. The
18adoption of emergency rules authorized by Sections 5-45 and
195-45.47 5-45.35 of the Illinois Administrative Procedure Act
20and this paragraph is deemed to be necessary for the public
21interest, safety, and welfare.
22    (d) Each permit shall specify all terms and conditions
23under which the avoidance, removal, or disturbance of human
24remains, grave artifacts, grave markers, or unregistered
25graves shall be carried out. All costs accrued in the removal
26of the aforementioned materials shall be borne by the permit

 

 

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1applicant. Within 60 days of the completion of the
2undertaking, the permit holder shall submit a report, on a
3form provided by the Department, of the results to the
4Department.
5(Source: P.A. 103-446, eff. 8-4-23; revised 10-5-23.)
 
6    Section 125. The Illinois Power Agency Act is amended by
7changing Section 1-56 as follows:
 
8    (20 ILCS 3855/1-56)
9    Sec. 1-56. Illinois Power Agency Renewable Energy
10Resources Fund; Illinois Solar for All Program.
11    (a) The Illinois Power Agency Renewable Energy Resources
12Fund is created as a special fund in the State treasury.
13    (b) The Illinois Power Agency Renewable Energy Resources
14Fund shall be administered by the Agency as described in this
15subsection (b), provided that the changes to this subsection
16(b) made by Public Act 99-906 this amendatory Act of the 99th
17General Assembly shall not interfere with existing contracts
18under this Section.
19        (1) The Illinois Power Agency Renewable Energy
20    Resources Fund shall be used to purchase renewable energy
21    credits according to any approved procurement plan
22    developed by the Agency prior to June 1, 2017.
23        (2) The Illinois Power Agency Renewable Energy
24    Resources Fund shall also be used to create the Illinois

 

 

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1    Solar for All Program, which provides incentives for
2    low-income distributed generation and community solar
3    projects, and other associated approved expenditures. The
4    objectives of the Illinois Solar for All Program are to
5    bring photovoltaics to low-income communities in this
6    State in a manner that maximizes the development of new
7    photovoltaic generating facilities, to create a long-term,
8    low-income solar marketplace throughout this State, to
9    integrate, through interaction with stakeholders, with
10    existing energy efficiency initiatives, and to minimize
11    administrative costs. The Illinois Solar for All Program
12    shall be implemented in a manner that seeks to minimize
13    administrative costs, and maximize efficiencies and
14    synergies available through coordination with similar
15    initiatives, including the Adjustable Block program
16    described in subparagraphs (K) through (M) of paragraph
17    (1) of subsection (c) of Section 1-75, energy efficiency
18    programs, job training programs, and community action
19    agencies. The Agency shall strive to ensure that renewable
20    energy credits procured through the Illinois Solar for All
21    Program and each of its subprograms are purchased from
22    projects across the breadth of low-income and
23    environmental justice communities in Illinois, including
24    both urban and rural communities, are not concentrated in
25    a few communities, and do not exclude particular
26    low-income or environmental justice communities. The

 

 

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1    Agency shall include a description of its proposed
2    approach to the design, administration, implementation and
3    evaluation of the Illinois Solar for All Program, as part
4    of the long-term renewable resources procurement plan
5    authorized by subsection (c) of Section 1-75 of this Act,
6    and the program shall be designed to grow the low-income
7    solar market. The Agency or utility, as applicable, shall
8    purchase renewable energy credits from the (i)
9    photovoltaic distributed renewable energy generation
10    projects and (ii) community solar projects that are
11    procured under procurement processes authorized by the
12    long-term renewable resources procurement plans approved
13    by the Commission.
14        The Illinois Solar for All Program shall include the
15    program offerings described in subparagraphs (A) through
16    (E) of this paragraph (2), which the Agency shall
17    implement through contracts with third-party providers
18    and, subject to appropriation, pay the approximate amounts
19    identified using monies available in the Illinois Power
20    Agency Renewable Energy Resources Fund. Each contract that
21    provides for the installation of solar facilities shall
22    provide that the solar facilities will produce energy and
23    economic benefits, at a level determined by the Agency to
24    be reasonable, for the participating low-income low income
25    customers. The monies available in the Illinois Power
26    Agency Renewable Energy Resources Fund and not otherwise

 

 

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1    committed to contracts executed under subsection (i) of
2    this Section, as well as, in the case of the programs
3    described under subparagraphs (A) through (E) of this
4    paragraph (2), funding authorized pursuant to subparagraph
5    (O) of paragraph (1) of subsection (c) of Section 1-75 of
6    this Act, shall initially be allocated among the programs
7    described in this paragraph (2), as follows: 35% of these
8    funds shall be allocated to programs described in
9    subparagraphs (A) and (E) of this paragraph (2), 40% of
10    these funds shall be allocated to programs described in
11    subparagraph (B) of this paragraph (2), and 25% of these
12    funds shall be allocated to programs described in
13    subparagraph (C) of this paragraph (2). The allocation of
14    funds among subparagraphs (A), (B), (C), and (E) of this
15    paragraph (2) may be changed if the Agency, after
16    receiving input through a stakeholder process, determines
17    incentives in subparagraphs (A), (B), (C), or (E) of this
18    paragraph (2) have not been adequately subscribed to fully
19    utilize available Illinois Solar for All Program funds.
20        Contracts that will be paid with funds in the Illinois
21    Power Agency Renewable Energy Resources Fund shall be
22    executed by the Agency. Contracts that will be paid with
23    funds collected by an electric utility shall be executed
24    by the electric utility.
25        Contracts under the Illinois Solar for All Program
26    shall include an approach, as set forth in the long-term

 

 

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1    renewable resources procurement plans, to ensure the
2    wholesale market value of the energy is credited to
3    participating low-income customers or organizations and to
4    ensure tangible economic benefits flow directly to program
5    participants, except in the case of low-income
6    multi-family housing where the low-income customer does
7    not directly pay for energy. Priority shall be given to
8    projects that demonstrate meaningful involvement of
9    low-income community members in designing the initial
10    proposals. Acceptable proposals to implement projects must
11    demonstrate the applicant's ability to conduct initial
12    community outreach, education, and recruitment of
13    low-income participants in the community. Projects must
14    include job training opportunities if available, with the
15    specific level of trainee usage to be determined through
16    the Agency's long-term renewable resources procurement
17    plan, and the Illinois Solar for All Program Administrator
18    shall coordinate with the job training programs described
19    in paragraph (1) of subsection (a) of Section 16-108.12 of
20    the Public Utilities Act and in the Energy Transition Act.
21        The Agency shall make every effort to ensure that
22    small and emerging businesses, particularly those located
23    in low-income and environmental justice communities, are
24    able to participate in the Illinois Solar for All Program.
25    These efforts may include, but shall not be limited to,
26    proactive support from the program administrator,

 

 

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1    different or preferred access to subprograms and
2    administrator-identified customers or grassroots
3    education provider-identified customers, and different
4    incentive levels. The Agency shall report on progress and
5    barriers to participation of small and emerging businesses
6    in the Illinois Solar for All Program at least once a year.
7    The report shall be made available on the Agency's website
8    and, in years when the Agency is updating its long-term
9    renewable resources procurement plan, included in that
10    Plan.
11            (A) Low-income single-family and small multifamily
12        solar incentive. This program will provide incentives
13        to low-income customers, either directly or through
14        solar providers, to increase the participation of
15        low-income households in photovoltaic on-site
16        distributed generation at residential buildings
17        containing one to 4 units. Companies participating in
18        this program that install solar panels shall commit to
19        hiring job trainees for a portion of their low-income
20        installations, and an administrator shall facilitate
21        partnering the companies that install solar panels
22        with entities that provide solar panel installation
23        job training. It is a goal of this program that a
24        minimum of 25% of the incentives for this program be
25        allocated to projects located within environmental
26        justice communities. Contracts entered into under this

 

 

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1        paragraph may be entered into with an entity that will
2        develop and administer the program and shall also
3        include contracts for renewable energy credits from
4        the photovoltaic distributed generation that is the
5        subject of the program, as set forth in the long-term
6        renewable resources procurement plan. Additionally:
7                (i) The Agency shall reserve a portion of this
8            program for projects that promote energy
9            sovereignty through ownership of projects by
10            low-income households, not-for-profit
11            organizations providing services to low-income
12            households, affordable housing owners, community
13            cooperatives, or community-based limited liability
14            companies providing services to low-income
15            households. Projects that feature energy ownership
16            should ensure that local people have control of
17            the project and reap benefits from the project
18            over and above energy bill savings. The Agency may
19            consider the inclusion of projects that promote
20            ownership over time or that involve partial
21            project ownership by communities, as promoting
22            energy sovereignty. Incentives for projects that
23            promote energy sovereignty may be higher than
24            incentives for equivalent projects that do not
25            promote energy sovereignty under this same
26            program.

 

 

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1                (ii) Through its long-term renewable resources
2            procurement plan, the Agency shall consider
3            additional program and contract requirements to
4            ensure faithful compliance by applicants
5            benefiting from preferences for projects
6            designated to promote energy sovereignty. The
7            Agency shall make every effort to enable solar
8            providers already participating in the Adjustable
9            Block Program Block-Program under subparagraph (K)
10            of paragraph (1) of subsection (c) of Section 1-75
11            of this Act, and particularly solar providers
12            developing projects under item (i) of subparagraph
13            (K) of paragraph (1) of subsection (c) of Section
14            1-75 of this Act to easily participate in the
15            Low-Income Distributed Generation Incentive
16            program described under this subparagraph (A), and
17            vice versa. This effort may include, but shall not
18            be limited to, utilizing similar or the same
19            application systems and processes, similar or the
20            same forms and formats of communication, and
21            providing active outreach to companies
22            participating in one program but not the other.
23            The Agency shall report on efforts made to
24            encourage this cross-participation in its
25            long-term renewable resources procurement plan.
26            (B) Low-Income Community Solar Project Initiative.

 

 

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1        Incentives shall be offered to low-income customers,
2        either directly or through developers, to increase the
3        participation of low-income subscribers of community
4        solar projects. The developer of each project shall
5        identify its partnership with community stakeholders
6        regarding the location, development, and participation
7        in the project, provided that nothing shall preclude a
8        project from including an anchor tenant that does not
9        qualify as low-income. Companies participating in this
10        program that develop or install solar projects shall
11        commit to hiring job trainees for a portion of their
12        low-income installations, and an administrator shall
13        facilitate partnering the companies that install solar
14        projects with entities that provide solar installation
15        and related job training. It is a goal of this program
16        that a minimum of 25% of the incentives for this
17        program be allocated to community photovoltaic
18        projects in environmental justice communities. The
19        Agency shall reserve a portion of this program for
20        projects that promote energy sovereignty through
21        ownership of projects by low-income households,
22        not-for-profit organizations providing services to
23        low-income households, affordable housing owners, or
24        community-based limited liability companies providing
25        services to low-income households. Projects that
26        feature energy ownership should ensure that local

 

 

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1        people have control of the project and reap benefits
2        from the project over and above energy bill savings.
3        The Agency may consider the inclusion of projects that
4        promote ownership over time or that involve partial
5        project ownership by communities, as promoting energy
6        sovereignty. Incentives for projects that promote
7        energy sovereignty may be higher than incentives for
8        equivalent projects that do not promote energy
9        sovereignty under this same program. Contracts entered
10        into under this paragraph may be entered into with
11        developers and shall also include contracts for
12        renewable energy credits related to the program.
13            (C) Incentives for non-profits and public
14        facilities. Under this program funds shall be used to
15        support on-site photovoltaic distributed renewable
16        energy generation devices to serve the load associated
17        with not-for-profit customers and to support
18        photovoltaic distributed renewable energy generation
19        that uses photovoltaic technology to serve the load
20        associated with public sector customers taking service
21        at public buildings. Companies participating in this
22        program that develop or install solar projects shall
23        commit to hiring job trainees for a portion of their
24        low-income installations, and an administrator shall
25        facilitate partnering the companies that install solar
26        projects with entities that provide solar installation

 

 

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1        and related job training. Through its long-term
2        renewable resources procurement plan, the Agency shall
3        consider additional program and contract requirements
4        to ensure faithful compliance by applicants benefiting
5        from preferences for projects designated to promote
6        energy sovereignty. It is a goal of this program that
7        at least 25% of the incentives for this program be
8        allocated to projects located in environmental justice
9        communities. Contracts entered into under this
10        paragraph may be entered into with an entity that will
11        develop and administer the program or with developers
12        and shall also include contracts for renewable energy
13        credits related to the program.
14            (D) (Blank).
15            (E) Low-income large multifamily solar incentive.
16        This program shall provide incentives to low-income
17        customers, either directly or through solar providers,
18        to increase the participation of low-income households
19        in photovoltaic on-site distributed generation at
20        residential buildings with 5 or more units. Companies
21        participating in this program that develop or install
22        solar projects shall commit to hiring job trainees for
23        a portion of their low-income installations, and an
24        administrator shall facilitate partnering the
25        companies that install solar projects with entities
26        that provide solar installation and related job

 

 

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1        training. It is a goal of this program that a minimum
2        of 25% of the incentives for this program be allocated
3        to projects located within environmental justice
4        communities. The Agency shall reserve a portion of
5        this program for projects that promote energy
6        sovereignty through ownership of projects by
7        low-income households, not-for-profit organizations
8        providing services to low-income households,
9        affordable housing owners, or community-based limited
10        liability companies providing services to low-income
11        households. Projects that feature energy ownership
12        should ensure that local people have control of the
13        project and reap benefits from the project over and
14        above energy bill savings. The Agency may consider the
15        inclusion of projects that promote ownership over time
16        or that involve partial project ownership by
17        communities, as promoting energy sovereignty.
18        Incentives for projects that promote energy
19        sovereignty may be higher than incentives for
20        equivalent projects that do not promote energy
21        sovereignty under this same program.
22        The requirement that a qualified person, as defined in
23    paragraph (1) of subsection (i) of this Section, install
24    photovoltaic devices does not apply to the Illinois Solar
25    for All Program described in this subsection (b).
26        In addition to the programs outlined in paragraphs (A)

 

 

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1    through (E), the Agency and other parties may propose
2    additional programs through the Long-Term Renewable
3    Resources Procurement Plan developed and approved under
4    paragraph (5) of subsection (b) of Section 16-111.5 of the
5    Public Utilities Act. Additional programs may target
6    market segments not specified above and may also include
7    incentives targeted to increase the uptake of
8    nonphotovoltaic technologies by low-income customers,
9    including energy storage paired with photovoltaics, if the
10    Commission determines that the Illinois Solar for All
11    Program would provide greater benefits to the public
12    health and well-being of low-income residents through also
13    supporting that additional program versus supporting
14    programs already authorized.
15        (3) Costs associated with the Illinois Solar for All
16    Program and its components described in paragraph (2) of
17    this subsection (b), including, but not limited to, costs
18    associated with procuring experts, consultants, and the
19    program administrator referenced in this subsection (b)
20    and related incremental costs, costs related to income
21    verification and facilitating customer participation in
22    the program, and costs related to the evaluation of the
23    Illinois Solar for All Program, may be paid for using
24    monies in the Illinois Power Agency Renewable Energy
25    Resources Fund, and funds allocated pursuant to
26    subparagraph (O) of paragraph (1) of subsection (c) of

 

 

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1    Section 1-75, but the Agency or program administrator
2    shall strive to minimize costs in the implementation of
3    the program. The Agency or contracting electric utility
4    shall purchase renewable energy credits from generation
5    that is the subject of a contract under subparagraphs (A)
6    through (E) of paragraph (2) of this subsection (b), and
7    may pay for such renewable energy credits through an
8    upfront payment per installed kilowatt of nameplate
9    capacity paid once the device is interconnected at the
10    distribution system level of the interconnecting utility
11    and verified as energized. Payments for renewable energy
12    credits shall be in exchange for all renewable energy
13    credits generated by the system during the first 15 years
14    of operation and shall be structured to overcome barriers
15    to participation in the solar market by the low-income
16    community. The incentives provided for in this Section may
17    be implemented through the pricing of renewable energy
18    credits where the prices paid for the credits are higher
19    than the prices from programs offered under subsection (c)
20    of Section 1-75 of this Act to account for the additional
21    capital necessary to successfully access targeted market
22    segments. The Agency or contracting electric utility shall
23    retire any renewable energy credits purchased under this
24    program and the credits shall count toward towards the
25    obligation under subsection (c) of Section 1-75 of this
26    Act for the electric utility to which the project is

 

 

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1    interconnected, if applicable.
2        The Agency shall direct that up to 5% of the funds
3    available under the Illinois Solar for All Program to
4    community-based groups and other qualifying organizations
5    to assist in community-driven education efforts related to
6    the Illinois Solar for All Program, including general
7    energy education, job training program outreach efforts,
8    and other activities deemed to be qualified by the Agency.
9    Grassroots education funding shall not be used to support
10    the marketing by solar project development firms and
11    organizations, unless such education provides equal
12    opportunities for all applicable firms and organizations.
13        (4) The Agency shall, consistent with the requirements
14    of this subsection (b), propose the Illinois Solar for All
15    Program terms, conditions, and requirements, including the
16    prices to be paid for renewable energy credits, and which
17    prices may be determined through a formula, through the
18    development, review, and approval of the Agency's
19    long-term renewable resources procurement plan described
20    in subsection (c) of Section 1-75 of this Act and Section
21    16-111.5 of the Public Utilities Act. In the course of the
22    Commission proceeding initiated to review and approve the
23    plan, including the Illinois Solar for All Program
24    proposed by the Agency, a party may propose an additional
25    low-income solar or solar incentive program, or
26    modifications to the programs proposed by the Agency, and

 

 

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1    the Commission may approve an additional program, or
2    modifications to the Agency's proposed program, if the
3    additional or modified program more effectively maximizes
4    the benefits to low-income customers after taking into
5    account all relevant factors, including, but not limited
6    to, the extent to which a competitive market for
7    low-income solar has developed. Following the Commission's
8    approval of the Illinois Solar for All Program, the Agency
9    or a party may propose adjustments to the program terms,
10    conditions, and requirements, including the price offered
11    to new systems, to ensure the long-term viability and
12    success of the program. The Commission shall review and
13    approve any modifications to the program through the plan
14    revision process described in Section 16-111.5 of the
15    Public Utilities Act.
16        (5) The Agency shall issue a request for
17    qualifications for a third-party program administrator or
18    administrators to administer all or a portion of the
19    Illinois Solar for All Program. The third-party program
20    administrator shall be chosen through a competitive bid
21    process based on selection criteria and requirements
22    developed by the Agency, including, but not limited to,
23    experience in administering low-income energy programs and
24    overseeing statewide clean energy or energy efficiency
25    services. If the Agency retains a program administrator or
26    administrators to implement all or a portion of the

 

 

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1    Illinois Solar for All Program, each administrator shall
2    periodically submit reports to the Agency and Commission
3    for each program that it administers, at appropriate
4    intervals to be identified by the Agency in its long-term
5    renewable resources procurement plan, provided that the
6    reporting interval is at least quarterly. The third-party
7    program administrator may be, but need not be, the same
8    administrator as for the Adjustable Block program
9    described in subparagraphs (K) through (M) of paragraph
10    (1) of subsection (c) of Section 1-75. The Agency, through
11    its long-term renewable resources procurement plan
12    approval process, shall also determine if individual
13    subprograms of the Illinois Solar for All Program are
14    better served by a different or separate Program
15    Administrator.
16        The third-party administrator's responsibilities
17    shall also include facilitating placement for graduates of
18    Illinois-based renewable energy-specific job training
19    programs, including the Clean Jobs Workforce Network
20    Program and the Illinois Climate Works Preapprenticeship
21    Program administered by the Department of Commerce and
22    Economic Opportunity and programs administered under
23    Section 16-108.12 of the Public Utilities Act. To increase
24    the uptake of trainees by participating firms, the
25    administrator shall also develop a web-based clearinghouse
26    for information available to both job training program

 

 

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1    graduates and firms participating, directly or indirectly,
2    in Illinois solar incentive programs. The program
3    administrator shall also coordinate its activities with
4    entities implementing electric and natural gas
5    income-qualified energy efficiency programs, including
6    customer referrals to and from such programs, and connect
7    prospective low-income solar customers with any existing
8    deferred maintenance programs where applicable.
9        (6) The long-term renewable resources procurement plan
10    shall also provide for an independent evaluation of the
11    Illinois Solar for All Program. At least every 2 years,
12    the Agency shall select an independent evaluator to review
13    and report on the Illinois Solar for All Program and the
14    performance of the third-party program administrator of
15    the Illinois Solar for All Program. The evaluation shall
16    be based on objective criteria developed through a public
17    stakeholder process. The process shall include feedback
18    and participation from Illinois Solar for All Program
19    stakeholders, including participants and organizations in
20    environmental justice and historically underserved
21    communities. The report shall include a summary of the
22    evaluation of the Illinois Solar for All Program based on
23    the stakeholder developed objective criteria. The report
24    shall include the number of projects installed; the total
25    installed capacity in kilowatts; the average cost per
26    kilowatt of installed capacity to the extent reasonably

 

 

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1    obtainable by the Agency; the number of jobs or job
2    opportunities created; economic, social, and environmental
3    benefits created; and the total administrative costs
4    expended by the Agency and program administrator to
5    implement and evaluate the program. The report shall be
6    delivered to the Commission and posted on the Agency's
7    website, and shall be used, as needed, to revise the
8    Illinois Solar for All Program. The Commission shall also
9    consider the results of the evaluation as part of its
10    review of the long-term renewable resources procurement
11    plan under subsection (c) of Section 1-75 of this Act.
12        (7) If additional funding for the programs described
13    in this subsection (b) is available under subsection (k)
14    of Section 16-108 of the Public Utilities Act, then the
15    Agency shall submit a procurement plan to the Commission
16    no later than September 1, 2018, that proposes how the
17    Agency will procure programs on behalf of the applicable
18    utility. After notice and hearing, the Commission shall
19    approve, or approve with modification, the plan no later
20    than November 1, 2018.
21        (8) As part of the development and update of the
22    long-term renewable resources procurement plan authorized
23    by subsection (c) of Section 1-75 of this Act, the Agency
24    shall plan for: (A) actions to refer customers from the
25    Illinois Solar for All Program to electric and natural gas
26    income-qualified energy efficiency programs, and vice

 

 

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1    versa, with the goal of increasing participation in both
2    of these programs; (B) effective procedures for data
3    sharing, as needed, to effectuate referrals between the
4    Illinois Solar for All Program and both electric and
5    natural gas income-qualified energy efficiency programs,
6    including sharing customer information directly with the
7    utilities, as needed and appropriate; and (C) efforts to
8    identify any existing deferred maintenance programs for
9    which prospective Solar for All Program customers may be
10    eligible and connect prospective customers for whom
11    deferred maintenance is or may be a barrier to solar
12    installation to those programs.
13    As used in this subsection (b), "low-income households"
14means persons and families whose income does not exceed 80% of
15area median income, adjusted for family size and revised every
165 years.
17    For the purposes of this subsection (b), the Agency shall
18define "environmental justice community" based on the
19methodologies and findings established by the Agency and the
20Administrator for the Illinois Solar for All Program in its
21initial long-term renewable resources procurement plan and as
22updated by the Agency and the Administrator for the Illinois
23Solar for All Program as part of the long-term renewable
24resources procurement plan update.
25    (b-5) After the receipt of all payments required by
26Section 16-115D of the Public Utilities Act, no additional

 

 

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1funds shall be deposited into the Illinois Power Agency
2Renewable Energy Resources Fund unless directed by order of
3the Commission.
4    (b-10) After the receipt of all payments required by
5Section 16-115D of the Public Utilities Act and payment in
6full of all contracts executed by the Agency under subsections
7(b) and (i) of this Section, if the balance of the Illinois
8Power Agency Renewable Energy Resources Fund is under $5,000,
9then the Fund shall be inoperative and any remaining funds and
10any funds submitted to the Fund after that date, shall be
11transferred to the Supplemental Low-Income Energy Assistance
12Fund for use in the Low-Income Home Energy Assistance Program,
13as authorized by the Energy Assistance Act.
14    (b-15) The prevailing wage requirements set forth in the
15Prevailing Wage Act apply to each project that is undertaken
16pursuant to one or more of the programs of incentives and
17initiatives described in subsection (b) of this Section and
18for which a project application is submitted to the program
19after the effective date of this amendatory Act of the 103rd
20General Assembly, except (i) projects that serve single-family
21or multi-family residential buildings and (ii) projects with
22an aggregate capacity of less than 100 kilowatts that serve
23houses of worship. The Agency shall require verification that
24all construction performed on a project by the renewable
25energy credit delivery contract holder, its contractors, or
26its subcontractors relating to the construction of the

 

 

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1facility is performed by workers receiving an amount for that
2work that is greater than or equal to the general prevailing
3rate of wages as that term is defined in the Prevailing Wage
4Act, and the Agency may adjust renewable energy credit prices
5to account for increased labor costs.
6    In this subsection (b-15), "house of worship" has the
7meaning given in subparagraph (Q) of paragraph (1) of
8subsection (c) of Section 1-75.
9    (c) (Blank).
10    (d) (Blank).
11    (e) All renewable energy credits procured using monies
12from the Illinois Power Agency Renewable Energy Resources Fund
13shall be permanently retired.
14    (f) The selection of one or more third-party program
15managers or administrators, the selection of the independent
16evaluator, and the procurement processes described in this
17Section are exempt from the requirements of the Illinois
18Procurement Code, under Section 20-10 of that Code.
19    (g) All disbursements from the Illinois Power Agency
20Renewable Energy Resources Fund shall be made only upon
21warrants of the Comptroller drawn upon the Treasurer as
22custodian of the Fund upon vouchers signed by the Director or
23by the person or persons designated by the Director for that
24purpose. The Comptroller is authorized to draw the warrant
25upon vouchers so signed. The Treasurer shall accept all
26warrants so signed and shall be released from liability for

 

 

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1all payments made on those warrants.
2    (h) The Illinois Power Agency Renewable Energy Resources
3Fund shall not be subject to sweeps, administrative charges,
4or chargebacks, including, but not limited to, those
5authorized under Section 8h of the State Finance Act, that
6would in any way result in the transfer of any funds from this
7Fund to any other fund of this State or in having any such
8funds utilized for any purpose other than the express purposes
9set forth in this Section.
10    (h-5) The Agency may assess fees to each bidder to recover
11the costs incurred in connection with a procurement process
12held under this Section. Fees collected from bidders shall be
13deposited into the Renewable Energy Resources Fund.
14    (i) Supplemental procurement process.
15        (1) Within 90 days after June 30, 2014 (the effective
16    date of Public Act 98-672) this amendatory Act of the 98th
17    General Assembly, the Agency shall develop a one-time
18    supplemental procurement plan limited to the procurement
19    of renewable energy credits, if available, from new or
20    existing photovoltaics, including, but not limited to,
21    distributed photovoltaic generation. Nothing in this
22    subsection (i) requires procurement of wind generation
23    through the supplemental procurement.
24        Renewable energy credits procured from new
25    photovoltaics, including, but not limited to, distributed
26    photovoltaic generation, under this subsection (i) must be

 

 

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1    procured from devices installed by a qualified person. In
2    its supplemental procurement plan, the Agency shall
3    establish contractually enforceable mechanisms for
4    ensuring that the installation of new photovoltaics is
5    performed by a qualified person.
6        For the purposes of this paragraph (1), "qualified
7    person" means a person who performs installations of
8    photovoltaics, including, but not limited to, distributed
9    photovoltaic generation, and who: (A) has completed an
10    apprenticeship as a journeyman electrician from a United
11    States Department of Labor registered electrical
12    apprenticeship and training program and received a
13    certification of satisfactory completion; or (B) does not
14    currently meet the criteria under clause (A) of this
15    paragraph (1), but is enrolled in a United States
16    Department of Labor registered electrical apprenticeship
17    program, provided that the person is directly supervised
18    by a person who meets the criteria under clause (A) of this
19    paragraph (1); or (C) has obtained one of the following
20    credentials in addition to attesting to satisfactory
21    completion of at least 5 years or 8,000 hours of
22    documented hands-on electrical experience: (i) a North
23    American Board of Certified Energy Practitioners (NABCEP)
24    Installer Certificate for Solar PV; (ii) an Underwriters
25    Laboratories (UL) PV Systems Installer Certificate; (iii)
26    an Electronics Technicians Association, International

 

 

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1    (ETAI) Level 3 PV Installer Certificate; or (iv) an
2    Associate in Applied Science degree from an Illinois
3    Community College Board approved community college program
4    in renewable energy or a distributed generation
5    technology.
6        For the purposes of this paragraph (1), "directly
7    supervised" means that there is a qualified person who
8    meets the qualifications under clause (A) of this
9    paragraph (1) and who is available for supervision and
10    consultation regarding the work performed by persons under
11    clause (B) of this paragraph (1), including a final
12    inspection of the installation work that has been directly
13    supervised to ensure safety and conformity with applicable
14    codes.
15        For the purposes of this paragraph (1), "install"
16    means the major activities and actions required to
17    connect, in accordance with applicable building and
18    electrical codes, the conductors, connectors, and all
19    associated fittings, devices, power outlets, or
20    apparatuses mounted at the premises that are directly
21    involved in delivering energy to the premises' electrical
22    wiring from the photovoltaics, including, but not limited
23    to, to distributed photovoltaic generation.
24        The renewable energy credits procured pursuant to the
25    supplemental procurement plan shall be procured using up
26    to $30,000,000 from the Illinois Power Agency Renewable

 

 

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1    Energy Resources Fund. The Agency shall not plan to use
2    funds from the Illinois Power Agency Renewable Energy
3    Resources Fund in excess of the monies on deposit in such
4    fund or projected to be deposited into such fund. The
5    supplemental procurement plan shall ensure adequate,
6    reliable, affordable, efficient, and environmentally
7    sustainable renewable energy resources (including credits)
8    at the lowest total cost over time, taking into account
9    any benefits of price stability.
10        To the extent available, 50% of the renewable energy
11    credits procured from distributed renewable energy
12    generation shall come from devices of less than 25
13    kilowatts in nameplate capacity. Procurement of renewable
14    energy credits from distributed renewable energy
15    generation devices shall be done through multi-year
16    contracts of no less than 5 years. The Agency shall create
17    credit requirements for counterparties. In order to
18    minimize the administrative burden on contracting
19    entities, the Agency shall solicit the use of third
20    parties to aggregate distributed renewable energy. These
21    third parties shall enter into and administer contracts
22    with individual distributed renewable energy generation
23    device owners. An individual distributed renewable energy
24    generation device owner shall have the ability to measure
25    the output of his or her distributed renewable energy
26    generation device.

 

 

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1        In developing the supplemental procurement plan, the
2    Agency shall hold at least one workshop open to the public
3    within 90 days after June 30, 2014 (the effective date of
4    Public Act 98-672) this amendatory Act of the 98th General
5    Assembly and shall consider any comments made by
6    stakeholders or the public. Upon development of the
7    supplemental procurement plan within this 90-day period,
8    copies of the supplemental procurement plan shall be
9    posted and made publicly available on the Agency's and
10    Commission's websites. All interested parties shall have
11    14 days following the date of posting to provide comment
12    to the Agency on the supplemental procurement plan. All
13    comments submitted to the Agency shall be specific,
14    supported by data or other detailed analyses, and, if
15    objecting to all or a portion of the supplemental
16    procurement plan, accompanied by specific alternative
17    wording or proposals. All comments shall be posted on the
18    Agency's and Commission's websites. Within 14 days
19    following the end of the 14-day review period, the Agency
20    shall revise the supplemental procurement plan as
21    necessary based on the comments received and file its
22    revised supplemental procurement plan with the Commission
23    for approval.
24        (2) Within 5 days after the filing of the supplemental
25    procurement plan at the Commission, any person objecting
26    to the supplemental procurement plan shall file an

 

 

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1    objection with the Commission. Within 10 days after the
2    filing, the Commission shall determine whether a hearing
3    is necessary. The Commission shall enter its order
4    confirming or modifying the supplemental procurement plan
5    within 90 days after the filing of the supplemental
6    procurement plan by the Agency.
7        (3) The Commission shall approve the supplemental
8    procurement plan of renewable energy credits to be
9    procured from new or existing photovoltaics, including,
10    but not limited to, distributed photovoltaic generation,
11    if the Commission determines that it will ensure adequate,
12    reliable, affordable, efficient, and environmentally
13    sustainable electric service in the form of renewable
14    energy credits at the lowest total cost over time, taking
15    into account any benefits of price stability.
16        (4) The supplemental procurement process under this
17    subsection (i) shall include each of the following
18    components:
19            (A) Procurement administrator. The Agency may
20        retain a procurement administrator in the manner set
21        forth in item (2) of subsection (a) of Section 1-75 of
22        this Act to conduct the supplemental procurement or
23        may elect to use the same procurement administrator
24        administering the Agency's annual procurement under
25        Section 1-75.
26            (B) Procurement monitor. The procurement monitor

 

 

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1        retained by the Commission pursuant to Section
2        16-111.5 of the Public Utilities Act shall:
3                (i) monitor interactions among the procurement
4            administrator and bidders and suppliers;
5                (ii) monitor and report to the Commission on
6            the progress of the supplemental procurement
7            process;
8                (iii) provide an independent confidential
9            report to the Commission regarding the results of
10            the procurement events;
11                (iv) assess compliance with the procurement
12            plan approved by the Commission for the
13            supplemental procurement process;
14                (v) preserve the confidentiality of supplier
15            and bidding information in a manner consistent
16            with all applicable laws, rules, regulations, and
17            tariffs;
18                (vi) provide expert advice to the Commission
19            and consult with the procurement administrator
20            regarding issues related to procurement process
21            design, rules, protocols, and policy-related
22            matters;
23                (vii) consult with the procurement
24            administrator regarding the development and use of
25            benchmark criteria, standard form contracts,
26            credit policies, and bid documents; and

 

 

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1                (viii) perform, with respect to the
2            supplemental procurement process, any other
3            procurement monitor duties specifically delineated
4            within subsection (i) of this Section.
5            (C) Solicitation, prequalification
6        pre-qualification, and registration of bidders. The
7        procurement administrator shall disseminate
8        information to potential bidders to promote a
9        procurement event, notify potential bidders that the
10        procurement administrator may enter into a post-bid
11        price negotiation with bidders that meet the
12        applicable benchmarks, provide supply requirements,
13        and otherwise explain the competitive procurement
14        process. In addition to such other publication as the
15        procurement administrator determines is appropriate,
16        this information shall be posted on the Agency's and
17        the Commission's websites. The procurement
18        administrator shall also administer the
19        prequalification process, including evaluation of
20        credit worthiness, compliance with procurement rules,
21        and agreement to the standard form contract developed
22        pursuant to item (D) of this paragraph (4). The
23        procurement administrator shall then identify and
24        register bidders to participate in the procurement
25        event.
26            (D) Standard contract forms and credit terms and

 

 

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1        instruments. The procurement administrator, in
2        consultation with the Agency, the Commission, and
3        other interested parties and subject to Commission
4        oversight, shall develop and provide standard contract
5        forms for the supplier contracts that meet generally
6        accepted industry practices as well as include any
7        applicable State of Illinois terms and conditions that
8        are required for contracts entered into by an agency
9        of the State of Illinois. Standard credit terms and
10        instruments that meet generally accepted industry
11        practices shall be similarly developed. Contracts for
12        new photovoltaics shall include a provision attesting
13        that the supplier will use a qualified person for the
14        installation of the device pursuant to paragraph (1)
15        of subsection (i) of this Section. The procurement
16        administrator shall make available to the Commission
17        all written comments it receives on the contract
18        forms, credit terms, or instruments. If the
19        procurement administrator cannot reach agreement with
20        the parties as to the contract terms and conditions,
21        the procurement administrator must notify the
22        Commission of any disputed terms and the Commission
23        shall resolve the dispute. The terms of the contracts
24        shall not be subject to negotiation by winning
25        bidders, and the bidders must agree to the terms of the
26        contract in advance so that winning bids are selected

 

 

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1        solely on the basis of price.
2            (E) Requests for proposals; competitive
3        procurement process. The procurement administrator
4        shall design and issue requests for proposals to
5        supply renewable energy credits in accordance with the
6        supplemental procurement plan, as approved by the
7        Commission. The requests for proposals shall set forth
8        a procedure for sealed, binding commitment bidding
9        with pay-as-bid settlement, and provision for
10        selection of bids on the basis of price, provided,
11        however, that no bid shall be accepted if it exceeds
12        the benchmark developed pursuant to item (F) of this
13        paragraph (4).
14            (F) Benchmarks. Benchmarks for each product to be
15        procured shall be developed by the procurement
16        administrator in consultation with Commission staff,
17        the Agency, and the procurement monitor for use in
18        this supplemental procurement.
19            (G) A plan for implementing contingencies in the
20        event of supplier default, Commission rejection of
21        results, or any other cause.
22        (5) Within 2 business days after opening the sealed
23    bids, the procurement administrator shall submit a
24    confidential report to the Commission. The report shall
25    contain the results of the bidding for each of the
26    products along with the procurement administrator's

 

 

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1    recommendation for the acceptance and rejection of bids
2    based on the price benchmark criteria and other factors
3    observed in the process. The procurement monitor also
4    shall submit a confidential report to the Commission
5    within 2 business days after opening the sealed bids. The
6    report shall contain the procurement monitor's assessment
7    of bidder behavior in the process as well as an assessment
8    of the procurement administrator's compliance with the
9    procurement process and rules. The Commission shall review
10    the confidential reports submitted by the procurement
11    administrator and procurement monitor and shall accept or
12    reject the recommendations of the procurement
13    administrator within 2 business days after receipt of the
14    reports.
15        (6) Within 3 business days after the Commission
16    decision approving the results of a procurement event, the
17    Agency shall enter into binding contractual arrangements
18    with the winning suppliers using the standard form
19    contracts.
20        (7) The names of the successful bidders and the
21    average of the winning bid prices for each contract type
22    and for each contract term shall be made available to the
23    public within 2 days after the supplemental procurement
24    event. The Commission, the procurement monitor, the
25    procurement administrator, the Agency, and all
26    participants in the procurement process shall maintain the

 

 

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1    confidentiality of all other supplier and bidding
2    information in a manner consistent with all applicable
3    laws, rules, regulations, and tariffs. Confidential
4    information, including the confidential reports submitted
5    by the procurement administrator and procurement monitor
6    pursuant to this Section, shall not be made publicly
7    available and shall not be discoverable by any party in
8    any proceeding, absent a compelling demonstration of need,
9    nor shall those reports be admissible in any proceeding
10    other than one for law enforcement purposes.
11        (8) The supplemental procurement provided in this
12    subsection (i) shall not be subject to the requirements
13    and limitations of subsections (c) and (d) of this
14    Section.
15        (9) Expenses incurred in connection with the
16    procurement process held pursuant to this Section,
17    including, but not limited to, the cost of developing the
18    supplemental procurement plan, the procurement
19    administrator, procurement monitor, and the cost of the
20    retirement of renewable energy credits purchased pursuant
21    to the supplemental procurement shall be paid for from the
22    Illinois Power Agency Renewable Energy Resources Fund. The
23    Agency shall enter into an interagency agreement with the
24    Commission to reimburse the Commission for its costs
25    associated with the procurement monitor for the
26    supplemental procurement process.

 

 

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1(Source: P.A. 102-662, eff. 9-15-21; 103-188, eff. 6-30-23;
2revised 9-20-23.)
 
3    Section 130. The Illinois Criminal Justice Information Act
4is amended by changing Section 4 as follows:
 
5    (20 ILCS 3930/4)  (from Ch. 38, par. 210-4)
6    Sec. 4. Illinois Criminal Justice Information Authority;
7creation, membership, and meetings. There is created an
8Illinois Criminal Justice Information Authority consisting of
925 members. The membership of the Authority shall consist of:
10        (1) the Illinois Attorney General or the Illinois
11    Attorney General's designee;
12        (2) the Director of Corrections or the Director's
13    designee;
14        (3) the Director of the Illinois State Police or the
15    Director's designee;
16        (4) the Director of Public Health or the Director's
17    designee;
18        (5) the Director of Children and Family Services or
19    the Director's designee;
20        (6) the Sheriff of Cook County or the Sheriff's
21    designee;
22        (7) the State's Attorney of Cook County or the State's
23    Attorney's designee;
24        (8) the clerk of the circuit court of Cook County or

 

 

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1    the clerk's designee;
2        (9) the President of the Cook County Board of
3    Commissioners or the President's designee;
4        (10) the Superintendent of the Chicago Police
5    Department or the Superintendent's designee;
6        (11) the Director of the Office of the State's
7    Attorneys Appellate Prosecutor or the Director's designee;
8        (12) the Executive Director of the Illinois Law
9    Enforcement Training Standards Board or the Executive
10    Director's designee;
11        (13) the State Appellate Defender or the State
12    Appellate Defender's designee;
13        (14) the Public Defender of Cook County or the Public
14    Defender's designee; and
15        (15) the following additional members, each of whom
16    shall be appointed by the Governor:
17            (A) a circuit court clerk;
18            (B) a sheriff;
19            (C) a State's Attorney of a county other than
20        Cook;
21            (D) a Public Defender of a county other than Cook;
22            (E) a chief of police; and
23            (F) 2 individuals who report having been
24        incarcerated; and ,
25            (G) (F) 4 members of the general public.
26    Members appointed on and after August 15, 2014 (the

 

 

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1effective date of Public Act 98-955) this amendatory Act of
2the 98th General Assembly shall be confirmed by the Senate.
3    The Governor from time to time shall designate a Chairman
4of the Authority from the membership. All members of the
5Authority appointed by the Governor shall serve at the
6pleasure of the Governor for a term not to exceed 4 years. The
7initial appointed members of the Authority shall serve from
8January, 1983 until the third Monday in January, 1987 or until
9their successors are appointed.
10    The Authority shall meet at least quarterly, and all
11meetings of the Authority shall be called by the Chairman.
12(Source: P.A. 102-538, eff. 8-20-21; 102-1129, eff. 2-10-23;
13103-276, eff. 7-28-23; revised 9-7-23.)
 
14    Section 132. The Illinois Workforce Innovation Board Act
15is amended by changing the title of the Act as follows:
 
16    (20 ILCS 3975/Act title)
17    An Act to create the Illinois Workforce Innovation Board
18Human Resource Investment Council.
 
19    Section 135. The Illinois State Auditing Act is amended by
20changing Section 3-2.3 as follows:
 
21    (30 ILCS 5/3-2.3)
22    Sec. 3-2.3. Report on Chicago Transit Authority.

 

 

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1    (a) No less than 60 days prior to the issuance of bonds or
2notes by the Chicago Transit Authority (referred to as the
3"Authority" in this Section) pursuant to Section 12c of the
4Metropolitan Transit Authority Act, the following
5documentation shall be submitted to the Auditor General and
6the Regional Transportation Authority:
7        (1) Retirement Plan Documentation. The Authority shall
8    submit a certification that:
9            (A) it is legally authorized to issue the bonds or
10        notes;
11            (B) scheduled annual payments of principal and
12        interest on the bonds and notes to be issued meet the
13        requirements of Section 12c(b)(5) of the Metropolitan
14        Transit Authority Act;
15            (C) no bond or note shall mature later than
16        December 31, 2040;
17            (D) after payment of costs of issuance and
18        necessary deposits to funds and accounts established
19        with respect to debt service on the bonds or notes, the
20        net bond and note proceeds (exclusive of any proceeds
21        to be used to refund outstanding bonds or notes) will
22        be deposited in the Retirement Plan for Chicago
23        Transit Authority Employees and used only for the
24        purposes required by Section 22-101 of the Illinois
25        Pension Code; and
26            (E) it has entered into an intergovernmental

 

 

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1        agreement with the City of Chicago under which the
2        City of Chicago will provide financial assistance to
3        the Authority in an amount equal to the net receipts,
4        after fees for costs of collection, from a tax on the
5        privilege of transferring title to real estate in the
6        City of Chicago in an amount up to $1.50 per $500 of
7        value or fraction thereof under the provisions of
8        Section 8-3-19 of the Illinois Municipal Code, which
9        agreement shall be for a term expiring no earlier than
10        the final maturity of bonds or notes that it proposes
11        to issue under Section 12c of the Metropolitan Transit
12        Authority Act.
13        (2) The Board of Trustees of the Retirement Plan for
14    Chicago Transit Authority Employees shall submit a
15    certification that the Retirement Plan for Chicago Transit
16    Authority Employees is operating in accordance with all
17    applicable legal and contractual requirements, including
18    the following:
19            (A) the members of a new Board of Trustees have
20        been appointed according to the requirements of
21        Section 22-101(b) of the Illinois Pension Code; and
22            (B) contribution levels for employees and the
23        Authority have been established according to the
24        requirements of Section 22-101(d) of the Illinois
25        Pension Code.
26        (3) Actuarial Report. The Board of Trustees of the

 

 

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1    Retirement Plan for Chicago Transit Authority Employees
2    shall submit an actuarial report prepared by an enrolled
3    actuary setting forth:
4            (A) the method of valuation and the underlying
5        assumptions;
6            (B) a comparison of the debt service schedules of
7        the bonds or notes proposed to be issued to the
8        Retirement Plan's current unfunded actuarial accrued
9        liability amortization schedule, as required by
10        Section 22-101(e) of the Illinois Pension Code, using
11        the projected interest cost of the bond or note issue
12        as the discount rate to calculate the estimated net
13        present value savings;
14            (C) the amount of the estimated net present value
15        savings comparing the true interest cost of the bonds
16        or notes with the actuarial investment return
17        assumption of the Retirement Plan; and
18            (D) a certification that the net proceeds of the
19        bonds or notes, together with anticipated earnings on
20        contributions and deposits, will be sufficient to
21        reasonably conclude on an actuarial basis that the
22        total retirement assets of the Retirement Plan will
23        not be less than 90% of its liabilities by the end of
24        fiscal year 2059.
25        (4) The Authority shall submit a financial analysis
26    prepared by an independent advisor. The financial analysis

 

 

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1    must include a determination that the issuance of bonds is
2    in the best interest of the Retirement Plan for Chicago
3    Transit Authority Employees and the Chicago Transit
4    Authority. The independent advisor shall not act as
5    underwriter or receive a legal, consulting, or other fee
6    related to the issuance of any bond or notes issued by the
7    Authority pursuant to Section 12c of the Metropolitan
8    Transit Authority Act except compensation due for the
9    preparation of the financial analysis.
10        (5) Retiree Health Care Trust Documentation. The
11    Authority shall submit a certification that:
12            (A) it is legally authorized to issue the bonds or
13        notes;
14            (B) scheduled annual payments of principal and
15        interest on the bonds and notes to be issued meets the
16        requirements of Section 12c(b)(5) of the Metropolitan
17        Transit Authority Act;
18            (C) no bond or note shall mature later than
19        December 31, 2040;
20            (D) after payment of costs of issuance and
21        necessary deposits to funds and accounts established
22        with respect to debt service on the bonds or notes, the
23        net bond and note proceeds (exclusive of any proceeds
24        to be used to refund outstanding bonds or notes) will
25        be deposited in the Retiree Health Care Trust and used
26        only for the purposes required by Section 22-101B of

 

 

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1        the Illinois Pension Code; and
2            (E) it has entered into an intergovernmental
3        agreement with the City of Chicago under which the
4        City of Chicago will provide financial assistance to
5        the Authority in an amount equal to the net receipts,
6        after fees for costs of collection, from a tax on the
7        privilege of transferring title to real estate in the
8        City of Chicago in an amount up to $1.50 per $500 of
9        value or fraction thereof under the provisions of
10        Section 8-3-19 of the Illinois Municipal Code, which
11        agreement shall be for a term expiring no earlier than
12        the final maturity of bonds or notes that it proposes
13        to issue under Section 12c of the Metropolitan Transit
14        Authority Act.
15        (6) The Board of Trustees of the Retiree Health Care
16    Trust shall submit a certification that the Retiree Health
17    Care Trust has been established in accordance with all
18    applicable legal requirements, including the following:
19            (A) the Retiree Health Care Trust has been
20        established and a Trust document is in effect to
21        govern the Retiree Health Care Trust;
22            (B) the members of the Board of Trustees of the
23        Retiree Health Care Trust have been appointed
24        according to the requirements of Section 22-101B(b)(1)
25        of the Illinois Pension Code;
26            (C) a health care benefit program for eligible

 

 

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1        retirees and their dependents and survivors has been
2        established by the Board of Trustees according to the
3        requirements of Section 22-101B(b)(2) of the Illinois
4        Pension Code;
5            (D) contribution levels have been established for
6        retirees, dependents and survivors according to the
7        requirements of Section 22-101B(b)(5) of the Illinois
8        Pension Code; and
9            (E) contribution levels have been established for
10        employees of the Authority according to the
11        requirements of Section 22-101B(b)(6) of the Illinois
12        Pension Code.
13        (7) Actuarial Report. The Board of Trustees of the
14    Retiree Health Care Trust shall submit an actuarial report
15    prepared by an enrolled actuary setting forth:
16            (A) the method of valuation and the underlying
17        assumptions;
18            (B) a comparison of the projected interest cost of
19        the bonds or notes proposed to be issued with the
20        actuarial investment return assumption of the Retiree
21        Health Care Trust; and
22            (C) a certification that the net proceeds of the
23        bonds or notes, together with anticipated earnings on
24        contributions and deposits, will be sufficient to
25        adequately fund the actuarial present value of
26        projected benefits expected to be paid under the

 

 

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1        Retiree Health Care Trust, or a certification of the
2        increases in contribution levels and decreases in
3        benefit levels that would be required in order to cure
4        any funding shortfall over a period of not more than 10
5        years.
6        (8) The Authority shall submit a financial analysis
7    prepared by an independent advisor. The financial analysis
8    must include a determination that the issuance of bonds is
9    in the best interest of the Retiree Health Care Trust and
10    the Chicago Transit Authority. The independent advisor
11    shall not act as underwriter or receive a legal,
12    consulting, or other fee related to the issuance of any
13    bond or notes issued by the Authority pursuant to Section
14    12c of the Metropolitan Transit Authority Act except
15    compensation due for the preparation of the financial
16    analysis.
17    (b) The Auditor General shall examine the information
18submitted pursuant to Section 3-2.3(a)(1) through (4) and
19submit a report to the General Assembly, the Legislative Audit
20Commission, the Governor, the Regional Transportation
21Authority and the Authority indicating whether (i) the
22required certifications by the Authority and the Board of
23Trustees of the Retirement Plan have been made, and (ii) the
24actuarial reports have been provided, the reports include all
25required information, the assumptions underlying those reports
26are not unreasonable in the aggregate, and the reports appear

 

 

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1to comply with all pertinent professional standards, including
2those issued by the Actuarial Standards Board. The Auditor
3General shall submit such report no later than 60 days after
4receiving the information required to be submitted by the
5Authority and the Board of Trustees of the Retirement Plan.
6Any bonds or notes issued by the Authority under item (1) of
7subsection (b) of Section 12c of the Metropolitan Transit
8Authority Act shall be issued within 120 days after receiving
9such report from the Auditor General. The Authority may not
10issue bonds or notes until it receives the report from the
11Auditor General indicating the above requirements have been
12met.
13    (c) The Auditor General shall examine the information
14submitted pursuant to Section 3-2.3(a)(5) through (8) and
15submit a report to the General Assembly, the Legislative Audit
16Commission, the Governor, the Regional Transportation
17Authority and the Authority indicating whether (i) the
18required certifications by the Authority and the Board of
19Trustees of the Retiree Health Care Trust have been made, and
20(ii) the actuarial reports have been provided, the reports
21include all required information, the assumptions underlying
22those reports are not unreasonable in the aggregate, and the
23reports appear to comply with all pertinent professional
24standards, including those issued by the Actuarial Standards
25Board. The Auditor General shall submit such report no later
26than 60 days after receiving the information required to be

 

 

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1submitted by the Authority and the Board of Trustees of the
2Retiree Health Care Trust. Any bonds or notes issued by the
3Authority under item (2) of subsection (b) of Section 12c of
4the Metropolitan Transit Authority Act shall be issued within
5120 days after receiving such report from the Auditor General.
6The Authority may not issue bonds or notes until it receives a
7report from the Auditor General indicating the above
8requirements have been met.
9    (d) In fulfilling this duty, after receiving the
10information submitted pursuant to Section 3-2.3(a), the
11Auditor General may request additional information and support
12pertaining to the data and conclusions contained in the
13submitted documents and the Authority, the Board of Trustees
14of the Retirement Plan and the Board of Trustees of the Retiree
15Health Care Trust shall cooperate with the Auditor General and
16provide additional information as requested in a timely
17manner. The Auditor General may also request from the Regional
18Transportation Authority an analysis of the information
19submitted by the Authority relating to the sources of funds to
20be utilized for payment of the proposed bonds or notes of the
21Authority. The Auditor General's report shall not be in the
22nature of a post-audit or examination and shall not lead to the
23issuance of an opinion as that term is defined in generally
24accepted government auditing standards.
25    (e) Annual Retirement Plan Submission to Auditor General.
26The Board of Trustees of the Retirement Plan for Chicago

 

 

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1Transit Authority Employees established by Section 22-101 of
2the Illinois Pension Code shall provide the following
3documents to the Auditor General annually no later than
4September 30:
5        (1) the most recent audit or examination of the
6    Retirement Plan;
7        (2) an annual statement containing the information
8    specified in Section 1A-109 of the Illinois Pension Code;
9    and
10        (3) a complete actuarial statement applicable to the
11    prior plan year, which may be the annual report of an
12    enrolled actuary retained by the Retirement Plan specified
13    in Section 22-101(e) of the Illinois Pension Code.
14    The Auditor General shall annually examine the information
15provided pursuant to this subsection and shall submit a report
16of the analysis thereof to the General Assembly, including the
17report specified in Section 22-101(e) of the Illinois Pension
18Code.
19    (f) The Auditor General shall annually examine the
20information submitted pursuant to Section 22-101B(b)(3)(iii)
21of the Illinois Pension Code and shall prepare the
22determination specified in Section 22-101B(b)(3)(iv) of the
23Illinois Pension Code.
24    (g) In fulfilling the duties under Sections 3-2.3(e) and
25(f), the Auditor General may request additional information
26and support pertaining to the data and conclusions contained

 

 

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1in the submitted documents, and the Authority, the Board of
2Trustees of the Retirement Plan, and the Board of Trustees of
3the Retiree Health Care Trust shall cooperate with the Auditor
4General and provide additional information as requested in a
5timely manner. The Auditor General's review shall not be in
6the nature of a post-audit or examination and shall not lead to
7the issuance of an opinion as that term is defined in generally
8accepted government auditing standards. Upon request of the
9Auditor General, the Commission on Government Forecasting and
10Accountability and the Public Pension Division of the
11Department of Insurance Illinois Department of Financial and
12Professional Regulation shall cooperate with and assist the
13Auditor General in the conduct of his review.
14    (h) The Auditor General shall submit a bill to the
15Authority for costs associated with the examinations and
16reports specified in subsections (b) and (c) of this Section
173-2.3, which the Authority shall reimburse in a timely manner.
18The costs associated with the examinations and reports which
19are reimbursed by the Authority shall constitute a cost of
20issuance of the bonds or notes under Section 12c(b)(1) and (2)
21of the Metropolitan Transit Authority Act. The amount received
22shall be deposited into the fund or funds from which such costs
23were paid by the Auditor General. The Auditor General shall
24submit a bill to the Retirement Plan for Chicago Transit
25Authority Employees for costs associated with the examinations
26and reports specified in subsection (e) of this Section, which

 

 

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1the Retirement Plan for Chicago Transit Authority Employees
2shall reimburse in a timely manner. The amount received shall
3be deposited into the fund or funds from which such costs were
4paid by the Auditor General. The Auditor General shall submit
5a bill to the Retiree Health Care Trust for costs associated
6with the determination specified in subsection (f) of this
7Section, which the Retiree Health Care Trust shall reimburse
8in a timely manner. The amount received shall be deposited
9into the fund or funds from which such costs were paid by the
10Auditor General.
11(Source: P.A. 95-708, eff. 1-18-08; revised 9-20-23.)
 
12    Section 140. The State Finance Act is amended by setting
13forth and renumbering multiple versions of Sections 5.990 and
145.991 and by changing Sections 6z-32, 6z-82, 8.3, and 12-2 as
15follows:
 
16    (30 ILCS 105/5.990)
17    Sec. 5.990. The Public Defender Fund.
18(Source: P.A. 102-1104, eff. 12-6-22.)
 
19    (30 ILCS 105/5.991)
20    Sec. 5.991. The Due Process for Youth and Families Fund.
21(Source: P.A. 102-1115, eff. 1-9-23.)
 
22    (30 ILCS 105/5.993)

 

 

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1    Sec. 5.993 5.990. The Abortion Care Clinical Training
2Program Fund.
3(Source: P.A. 102-1117, eff. 1-13-23; revised 3-27-23.)
 
4    (30 ILCS 105/5.994)
5    Sec. 5.994 5.990. The Paid Leave for All Workers Fund.
6(Source: P.A. 102-1143, eff. 1-1-24; revised 12-22-23.)
 
7    (30 ILCS 105/5.995)
8    Sec. 5.995 5.990. The Hate Crimes and Bias Incident
9Prevention and Response Fund.
10(Source: P.A. 102-1115, eff. 1-9-23; revised 9-7-23.)
 
11    (30 ILCS 105/5.996)
12    Sec. 5.996 5.990. The Imagination Library of Illinois
13Fund.
14(Source: P.A. 103-8, eff. 6-7-23; revised 9-7-23.)
 
15    (30 ILCS 105/5.997)
16    Sec. 5.997 5.990. The Illinois Bullying and Cyberbullying
17Prevention Fund.
18(Source: P.A. 103-47, eff. 6-9-23; revised 9-7-23.)
 
19    (30 ILCS 105/5.999)
20    Sec. 5.999 5.990. The Illinois Health Benefits Exchange
21Fund.

 

 

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1(Source: P.A. 103-103, eff. 6-27-23; revised 9-7-23.)
 
2    (30 ILCS 105/5.1000)
3    Sec. 5.1000 5.990. The Tick Research, Education, and
4Evaluation Fund.
5(Source: P.A. 103-163, eff. 1-1-24; revised 9-22-23.)
 
6    (30 ILCS 105/5.1001)
7    Sec. 5.1001 5.990. The License to Read Fund.
8(Source: P.A. 103-267, eff. 6-30-23; revised 9-22-23.)
 
9    (30 ILCS 105/5.1002)
10    Sec. 5.1002 5.990. The Outdoor Rx Program Fund.
11(Source: P.A. 103-284, eff. 1-1-24; revised 9-22-23.)
 
12    (30 ILCS 105/5.1003)
13    Sec. 5.1003 5.990. The UNCF Scholarship Fund.
14(Source: P.A. 103-381, eff. 7-28-23; revised 9-22-23.)
 
15    (30 ILCS 105/5.1004)
16    Sec. 5.1004 5.990. The Hunger-Free Campus Grant Fund.
17(Source: P.A. 103-435, eff. 8-4-23; revised 9-22-23.)
 
18    (30 ILCS 105/5.1005)
19    Sec. 5.1005 5.990. The Repatriation and Reinterment Fund.
20(Source: P.A. 103-446, eff. 8-4-23; revised 9-22-23.)
 

 

 

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1    (30 ILCS 105/5.1006)
2    Sec. 5.1006 5.990. The Illinois Graduate and Retain Our
3Workforce (iGROW) Tech Scholarship Fund.
4(Source: P.A. 103-519, eff. 1-1-24; revised 9-22-23.)
 
5    (30 ILCS 105/5.1007)
6    (Section scheduled to be repealed on January 1, 2027)
7    Sec. 5.1007 5.990. The Antitrust Enforcement Fund. This
8Section is repealed on January 1, 2027.
9(Source: P.A. 103-526, eff. 1-1-24; revised 9-22-23.)
 
10    (30 ILCS 105/5.1008)
11    Sec. 5.1008 5.990. The MAP Refund Fund.
12(Source: P.A. 103-536, eff. 8-11-23; revised 9-22-23.)
 
13    (30 ILCS 105/5.1009)
14    Sec. 5.1009 5.990. The Lyme Disease Awareness Fund.
15(Source: P.A. 103-557, eff. 8-11-23; revised 9-22-23.)
 
16    (30 ILCS 105/5.1010)
17    Sec. 5.1010 5.991. The Industrial Biotechnology Human
18Capital Fund.
19(Source: P.A. 103-363, eff. 7-28-23; revised 9-22-23.)
 
20    (30 ILCS 105/5.1011)

 

 

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1    Sec. 5.1011 5.991. The Illinois DREAM Fund.
2(Source: P.A. 103-381, eff. 7-28-23; revised 9-22-23.)
 
3    (30 ILCS 105/6z-32)
4    Sec. 6z-32. Partners for Planning and Conservation.
5    (a) The Partners for Conservation Fund (formerly known as
6the Conservation 2000 Fund) and the Partners for Conservation
7Projects Fund (formerly known as the Conservation 2000
8Projects Fund) are created as special funds in the State
9Treasury. These funds shall be used to establish a
10comprehensive program to protect Illinois' natural resources
11through cooperative partnerships between State government and
12public and private landowners. Moneys in these Funds may be
13used, subject to appropriation, by the Department of Natural
14Resources, Environmental Protection Agency, and the Department
15of Agriculture for purposes relating to natural resource
16protection, planning, recreation, tourism, climate resilience,
17and compatible agricultural and economic development
18activities. Without limiting these general purposes, moneys in
19these Funds may be used, subject to appropriation, for the
20following specific purposes:
21        (1) To foster sustainable agriculture practices and
22    control soil erosion, sedimentation, and nutrient loss
23    from farmland, including grants to Soil and Water
24    Conservation Districts for conservation practice
25    cost-share grants and for personnel, educational, and

 

 

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1    administrative expenses.
2        (2) To establish and protect a system of ecosystems in
3    public and private ownership through conservation
4    easements, incentives to public and private landowners,
5    natural resource restoration and preservation, water
6    quality protection and improvement, land use and watershed
7    planning, technical assistance and grants, and land
8    acquisition provided these mechanisms are all voluntary on
9    the part of the landowner and do not involve the use of
10    eminent domain.
11        (3) To develop a systematic and long-term program to
12    effectively measure and monitor natural resources and
13    ecological conditions through investments in technology
14    and involvement of scientific experts.
15        (4) To initiate strategies to enhance, use, and
16    maintain Illinois' inland lakes through education,
17    technical assistance, research, and financial incentives.
18        (5) To partner with private landowners and with units
19    of State, federal, and local government and with
20    not-for-profit organizations in order to integrate State
21    and federal programs with Illinois' natural resource
22    protection and restoration efforts and to meet
23    requirements to obtain federal and other funds for
24    conservation or protection of natural resources.
25        (6) To support the State's Nutrient Loss Reduction
26    Strategy, including, but not limited to, funding the

 

 

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1    resources needed to support the Strategy's Policy Working
2    Group, cover water quality monitoring in support of
3    Strategy implementation, prepare a biennial report on the
4    progress made on the Strategy every 2 years, and provide
5    cost share funding for nutrient capture projects.
6        (7) To provide capacity grants to support soil and
7    water conservation districts, including, but not limited
8    to, developing soil health plans, conducting soil health
9    assessments, peer-to-peer training, convening
10    producer-led dialogues, professional memberships, lab
11    analysis, and and travel stipends for meetings and
12    educational events.
13        (8) To develop guidelines and local soil health
14    assessments for advancing soil health.
15    (b) The State Comptroller and State Treasurer shall
16automatically transfer on the last day of each month,
17beginning on September 30, 1995 and ending on June 30, 2024,
18from the General Revenue Fund to the Partners for Conservation
19Fund, an amount equal to 1/10 of the amount set forth below in
20fiscal year 1996 and an amount equal to 1/12 of the amount set
21forth below in each of the other specified fiscal years:
22Fiscal Year Amount
231996$ 3,500,000
241997$ 9,000,000
251998$10,000,000
261999$11,000,000

 

 

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12000$12,500,000
22001 through 2004$14,000,000
32005 $7,000,000
42006 $11,000,000
52007 $0
62008 through 2011 $14,000,000
72012 $12,200,000
82013 through 2017 $14,000,000
92018 $1,500,000
102019 $14,000,000
112020 $7,500,000
122021 through 2023 $14,000,000
132024 $18,000,000
14    (c) The State Comptroller and State Treasurer shall
15automatically transfer on the last day of each month beginning
16on July 31, 2021 and ending June 30, 2022, from the
17Environmental Protection Permit and Inspection Fund to the
18Partners for Conservation Fund, an amount equal to 1/12 of
19$4,135,000.
20    (c-1) The State Comptroller and State Treasurer shall
21automatically transfer on the last day of each month beginning
22on July 31, 2022 and ending June 30, 2023, from the
23Environmental Protection Permit and Inspection Fund to the
24Partners for Conservation Fund, an amount equal to 1/12 of
25$5,900,000.
26    (d) There shall be deposited into the Partners for

 

 

HB4844 Engrossed- 311 -LRB103 39009 AMC 69146 b

1Conservation Projects Fund such bond proceeds and other moneys
2as may, from time to time, be provided by law.
3(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
4103-8, eff. 6-7-23; 103-494, eff. 8-4-23; revised 9-7-23.)
 
5    (30 ILCS 105/6z-82)
6    Sec. 6z-82. State Police Operations Assistance Fund.
7    (a) There is created in the State treasury a special fund
8known as the State Police Operations Assistance Fund. The Fund
9shall receive revenue under the Criminal and Traffic
10Assessment Act. The Fund may also receive revenue from grants,
11donations, appropriations, and any other legal source.
12    (a-5) (Blank). This Fund may charge, collect, and receive
13fees or moneys as described in Section 15-312 of the Illinois
14Vehicle Code, and receive all fees received by the Illinois
15State Police under that Section. The moneys shall be used by
16the Illinois State Police for its expenses in providing police
17escorts and commercial vehicle enforcement activities.
18    (b) The Illinois State Police may use moneys in the Fund to
19finance any of its lawful purposes or functions.
20    (c) Expenditures may be made from the Fund only as
21appropriated by the General Assembly by law.
22    (d) Investment income that is attributable to the
23investment of moneys in the Fund shall be retained in the Fund
24for the uses specified in this Section.
25    (e) The State Police Operations Assistance Fund shall not

 

 

HB4844 Engrossed- 312 -LRB103 39009 AMC 69146 b

1be subject to administrative chargebacks.
2    (f) (Blank).
3    (g) (Blank).
4    (h) Notwithstanding any other provision of law, in
5addition to any other transfers that may be provided by law, on
6June 9, 2023 (the effective date of Public Act 103-34) this
7amendatory Act of the 103rd General Assembly, or as soon
8thereafter as practical, the State Comptroller shall direct
9and the State Treasurer shall transfer the remaining balance
10from the State Police Streetgang-Related Crime Fund to the
11State Police Operations Assistance Fund. Upon completion of
12the transfers, the State Police Streetgang-Related Crime Fund
13is dissolved, and any future deposits into the State Police
14Streetgang-Related Crime Fund and any outstanding obligations
15or liabilities of the State Police Streetgang-Related Crime
16Fund pass to the State Police Operations Assistance Fund.
17(Source: P.A. 102-16, eff. 6-17-21; 102-505, eff. 8-20-21;
18102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-34, eff.
196-9-23; 103-363, eff. 7-28-23; revised 9-7-23.)
 
20    (30 ILCS 105/8.3)
21    Sec. 8.3. Money in the Road Fund shall, if and when the
22State of Illinois incurs any bonded indebtedness for the
23construction of permanent highways, be set aside and used for
24the purpose of paying and discharging annually the principal
25and interest on that bonded indebtedness then due and payable,

 

 

HB4844 Engrossed- 313 -LRB103 39009 AMC 69146 b

1and for no other purpose. The surplus, if any, in the Road Fund
2after the payment of principal and interest on that bonded
3indebtedness then annually due shall be used as follows:
4        first -- to pay the cost of administration of Chapters
5    2 through 10 of the Illinois Vehicle Code, except the cost
6    of administration of Articles I and II of Chapter 3 of that
7    Code, and to pay the costs of the Executive Ethics
8    Commission for oversight and administration of the Chief
9    Procurement Officer appointed under paragraph (2) of
10    subsection (a) of Section 10-20 of the Illinois
11    Procurement Code for transportation; and
12        secondly -- for expenses of the Department of
13    Transportation for construction, reconstruction,
14    improvement, repair, maintenance, operation, and
15    administration of highways in accordance with the
16    provisions of laws relating thereto, or for any purpose
17    related or incident to and connected therewith, including
18    the separation of grades of those highways with railroads
19    and with highways and including the payment of awards made
20    by the Illinois Workers' Compensation Commission under the
21    terms of the Workers' Compensation Act or Workers'
22    Occupational Diseases Act for injury or death of an
23    employee of the Division of Highways in the Department of
24    Transportation; or for the acquisition of land and the
25    erection of buildings for highway purposes, including the
26    acquisition of highway right-of-way or for investigations

 

 

HB4844 Engrossed- 314 -LRB103 39009 AMC 69146 b

1    to determine the reasonably anticipated future highway
2    needs; or for making of surveys, plans, specifications and
3    estimates for and in the construction and maintenance of
4    flight strips and of highways necessary to provide access
5    to military and naval reservations, to defense industries
6    and defense-industry sites, and to the sources of raw
7    materials and for replacing existing highways and highway
8    connections shut off from general public use at military
9    and naval reservations and defense-industry sites, or for
10    the purchase of right-of-way, except that the State shall
11    be reimbursed in full for any expense incurred in building
12    the flight strips; or for the operating and maintaining of
13    highway garages; or for patrolling and policing the public
14    highways and conserving the peace; or for the operating
15    expenses of the Department relating to the administration
16    of public transportation programs; or, during fiscal year
17    2023, for the purposes of a grant not to exceed $8,394,800
18    to the Regional Transportation Authority on behalf of PACE
19    for the purpose of ADA/Para-transit expenses; or, during
20    fiscal year 2024, for the purposes of a grant not to exceed
21    $9,108,400 to the Regional Transportation Authority on
22    behalf of PACE for the purpose of ADA/Para-transit
23    expenses; or for any of those purposes or any other
24    purpose that may be provided by law.
25    Appropriations for any of those purposes are payable from
26the Road Fund. Appropriations may also be made from the Road

 

 

HB4844 Engrossed- 315 -LRB103 39009 AMC 69146 b

1Fund for the administrative expenses of any State agency that
2are related to motor vehicles or arise from the use of motor
3vehicles.
4    Beginning with fiscal year 1980 and thereafter, no Road
5Fund monies shall be appropriated to the following Departments
6or agencies of State government for administration, grants, or
7operations; but this limitation is not a restriction upon
8appropriating for those purposes any Road Fund monies that are
9eligible for federal reimbursement:
10        1. Department of Public Health;
11        2. Department of Transportation, only with respect to
12    subsidies for one-half fare Student Transportation and
13    Reduced Fare for Elderly, except fiscal year 2023 when no
14    more than $17,570,000 may be expended and except fiscal
15    year 2024 when no more than $19,063,500 may be expended;
16        3. Department of Central Management Services, except
17    for expenditures incurred for group insurance premiums of
18    appropriate personnel;
19        4. Judicial Systems and Agencies.
20    Beginning with fiscal year 1981 and thereafter, no Road
21Fund monies shall be appropriated to the following Departments
22or agencies of State government for administration, grants, or
23operations; but this limitation is not a restriction upon
24appropriating for those purposes any Road Fund monies that are
25eligible for federal reimbursement:
26        1. Illinois State Police, except for expenditures with

 

 

HB4844 Engrossed- 316 -LRB103 39009 AMC 69146 b

1    respect to the Division of Patrol and Division of Criminal
2    Investigation;
3        2. Department of Transportation, only with respect to
4    Intercity Rail Subsidies, except fiscal year 2023 when no
5    more than $55,000,000 may be expended and except fiscal
6    year 2024 when no more than $60,000,000 may be expended,
7    and Rail Freight Services.
8    Beginning with fiscal year 1982 and thereafter, no Road
9Fund monies shall be appropriated to the following Departments
10or agencies of State government for administration, grants, or
11operations; but this limitation is not a restriction upon
12appropriating for those purposes any Road Fund monies that are
13eligible for federal reimbursement: Department of Central
14Management Services, except for awards made by the Illinois
15Workers' Compensation Commission under the terms of the
16Workers' Compensation Act or Workers' Occupational Diseases
17Act for injury or death of an employee of the Division of
18Highways in the Department of Transportation.
19    Beginning with fiscal year 1984 and thereafter, no Road
20Fund monies shall be appropriated to the following Departments
21or agencies of State government for administration, grants, or
22operations; but this limitation is not a restriction upon
23appropriating for those purposes any Road Fund monies that are
24eligible for federal reimbursement:
25        1. Illinois State Police, except not more than 40% of
26    the funds appropriated for the Division of Patrol and

 

 

HB4844 Engrossed- 317 -LRB103 39009 AMC 69146 b

1    Division of Criminal Investigation;
2        2. State Officers.
3    Beginning with fiscal year 1984 and thereafter, no Road
4Fund monies shall be appropriated to any Department or agency
5of State government for administration, grants, or operations
6except as provided hereafter; but this limitation is not a
7restriction upon appropriating for those purposes any Road
8Fund monies that are eligible for federal reimbursement. It
9shall not be lawful to circumvent the above appropriation
10limitations by governmental reorganization or other methods.
11Appropriations shall be made from the Road Fund only in
12accordance with the provisions of this Section.
13    Money in the Road Fund shall, if and when the State of
14Illinois incurs any bonded indebtedness for the construction
15of permanent highways, be set aside and used for the purpose of
16paying and discharging during each fiscal year the principal
17and interest on that bonded indebtedness as it becomes due and
18payable as provided in the Transportation Bond Act, and for no
19other purpose. The surplus, if any, in the Road Fund after the
20payment of principal and interest on that bonded indebtedness
21then annually due shall be used as follows:
22        first -- to pay the cost of administration of Chapters
23    2 through 10 of the Illinois Vehicle Code; and
24        secondly -- no Road Fund monies derived from fees,
25    excises, or license taxes relating to registration,
26    operation and use of vehicles on public highways or to

 

 

HB4844 Engrossed- 318 -LRB103 39009 AMC 69146 b

1    fuels used for the propulsion of those vehicles, shall be
2    appropriated or expended other than for costs of
3    administering the laws imposing those fees, excises, and
4    license taxes, statutory refunds and adjustments allowed
5    thereunder, administrative costs of the Department of
6    Transportation, including, but not limited to, the
7    operating expenses of the Department relating to the
8    administration of public transportation programs, payment
9    of debts and liabilities incurred in construction and
10    reconstruction of public highways and bridges, acquisition
11    of rights-of-way for and the cost of construction,
12    reconstruction, maintenance, repair, and operation of
13    public highways and bridges under the direction and
14    supervision of the State, political subdivision, or
15    municipality collecting those monies, or during fiscal
16    year 2023 for the purposes of a grant not to exceed
17    $8,394,800 to the Regional Transportation Authority on
18    behalf of PACE for the purpose of ADA/Para-transit
19    expenses, or during fiscal year 2024 for the purposes of a
20    grant not to exceed $9,108,400 to the Regional
21    Transportation Authority on behalf of PACE for the purpose
22    of ADA/Para-transit expenses, and the costs for patrolling
23    and policing the public highways (by the State, political
24    subdivision, or municipality collecting that money) for
25    enforcement of traffic laws. The separation of grades of
26    such highways with railroads and costs associated with

 

 

HB4844 Engrossed- 319 -LRB103 39009 AMC 69146 b

1    protection of at-grade highway and railroad crossing shall
2    also be permissible.
3    Appropriations for any of such purposes are payable from
4the Road Fund or the Grade Crossing Protection Fund as
5provided in Section 8 of the Motor Fuel Tax Law.
6    Except as provided in this paragraph, beginning with
7fiscal year 1991 and thereafter, no Road Fund monies shall be
8appropriated to the Illinois State Police for the purposes of
9this Section in excess of its total fiscal year 1990 Road Fund
10appropriations for those purposes unless otherwise provided in
11Section 5g of this Act. For fiscal years 2003, 2004, 2005,
122006, and 2007 only, no Road Fund monies shall be appropriated
13to the Department of State Police for the purposes of this
14Section in excess of $97,310,000. For fiscal year 2008 only,
15no Road Fund monies shall be appropriated to the Department of
16State Police for the purposes of this Section in excess of
17$106,100,000. For fiscal year 2009 only, no Road Fund monies
18shall be appropriated to the Department of State Police for
19the purposes of this Section in excess of $114,700,000.
20Beginning in fiscal year 2010, no Road Fund road fund moneys
21shall be appropriated to the Illinois State Police. It shall
22not be lawful to circumvent this limitation on appropriations
23by governmental reorganization or other methods unless
24otherwise provided in Section 5g of this Act.
25    In fiscal year 1994, no Road Fund monies shall be
26appropriated to the Secretary of State for the purposes of

 

 

HB4844 Engrossed- 320 -LRB103 39009 AMC 69146 b

1this Section in excess of the total fiscal year 1991 Road Fund
2appropriations to the Secretary of State for those purposes,
3plus $9,800,000. It shall not be lawful to circumvent this
4limitation on appropriations by governmental reorganization or
5other method.
6    Beginning with fiscal year 1995 and thereafter, no Road
7Fund monies shall be appropriated to the Secretary of State
8for the purposes of this Section in excess of the total fiscal
9year 1994 Road Fund appropriations to the Secretary of State
10for those purposes. It shall not be lawful to circumvent this
11limitation on appropriations by governmental reorganization or
12other methods.
13    Beginning with fiscal year 2000, total Road Fund
14appropriations to the Secretary of State for the purposes of
15this Section shall not exceed the amounts specified for the
16following fiscal years:
17    Fiscal Year 2000$80,500,000;
18    Fiscal Year 2001$80,500,000;
19    Fiscal Year 2002$80,500,000;
20    Fiscal Year 2003$130,500,000;
21    Fiscal Year 2004$130,500,000;
22    Fiscal Year 2005$130,500,000;
23    Fiscal Year 2006 $130,500,000;
24    Fiscal Year 2007 $130,500,000;
25    Fiscal Year 2008$130,500,000;
26    Fiscal Year 2009 $130,500,000.

 

 

HB4844 Engrossed- 321 -LRB103 39009 AMC 69146 b

1    For fiscal year 2010, no road fund moneys shall be
2appropriated to the Secretary of State.
3    Beginning in fiscal year 2011, moneys in the Road Fund
4shall be appropriated to the Secretary of State for the
5exclusive purpose of paying refunds due to overpayment of fees
6related to Chapter 3 of the Illinois Vehicle Code unless
7otherwise provided for by law.
8    It shall not be lawful to circumvent this limitation on
9appropriations by governmental reorganization or other
10methods.
11    No new program may be initiated in fiscal year 1991 and
12thereafter that is not consistent with the limitations imposed
13by this Section for fiscal year 1984 and thereafter, insofar
14as appropriation of Road Fund monies is concerned.
15    Nothing in this Section prohibits transfers from the Road
16Fund to the State Construction Account Fund under Section 5e
17of this Act; nor to the General Revenue Fund, as authorized by
18Public Act 93-25.
19    The additional amounts authorized for expenditure in this
20Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
21shall be repaid to the Road Fund from the General Revenue Fund
22in the next succeeding fiscal year that the General Revenue
23Fund has a positive budgetary balance, as determined by
24generally accepted accounting principles applicable to
25government.
26    The additional amounts authorized for expenditure by the

 

 

HB4844 Engrossed- 322 -LRB103 39009 AMC 69146 b

1Secretary of State and the Department of State Police in this
2Section by Public Act 94-91 shall be repaid to the Road Fund
3from the General Revenue Fund in the next succeeding fiscal
4year that the General Revenue Fund has a positive budgetary
5balance, as determined by generally accepted accounting
6principles applicable to government.
7(Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21;
8102-699, eff. 4-19-22; 102-813, eff. 5-13-22; 103-8, eff.
96-7-23; 103-34, eff. 1-1-24; revised 12-12-23.)
 
10    (30 ILCS 105/12-2)  (from Ch. 127, par. 148-2)
11    Sec. 12-2. Travel Regulation Council; State travel
12reimbursement.
13    (a) The chairmen of the travel control boards established
14by Section 12-1, or their designees, shall together comprise
15the Travel Regulation Council. The Travel Regulation Council
16shall be chaired by the Director of Central Management
17Services, who shall be a nonvoting member of the Council,
18unless he is otherwise qualified to vote by virtue of being the
19designee of a voting member. No later than March 1, 1986, and
20at least biennially thereafter, the Council shall adopt State
21Travel Regulations and Reimbursement Rates which shall be
22applicable to all personnel subject to the jurisdiction of the
23travel control boards established by Section 12-1. An
24affirmative vote of a majority of the members of the Council
25shall be required to adopt regulations and reimbursement

 

 

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1rates. If the Council fails to adopt regulations by March 1 of
2any odd-numbered year, the Director of Central Management
3Services shall adopt emergency regulations and reimbursement
4rates pursuant to the Illinois Administrative Procedure Act.
5As soon as practicable after January 23, 2023 (the effective
6date of Public Act 102-1119) this amendatory Act of the 102nd
7General Assembly, the Travel Regulation Council and the Higher
8Education Travel Control Board shall adopt amendments to their
9existing rules to ensure that reimbursement rates for public
10institutions of higher education, as defined in Section 1-13
11of the Illinois Procurement Code, are set in accordance with
12the requirements of subsection (f) of this Section.
13    (b) (Blank).
14    (c) (Blank).
15    (d) Reimbursements to travelers shall be made pursuant to
16the rates and regulations applicable to the respective State
17agency as of January 1, 1986 (the effective date of Public Act
1884-345) this amendatory Act, until the State Travel
19Regulations and Reimbursement Rates established by this
20Section are adopted and effective.
21    (e) (Blank).
22    (f) (f) Notwithstanding any rule or law to the contrary,
23State travel reimbursement rates for lodging and mileage for
24automobile travel, as well as allowances for meals, shall be
25set at the maximum rates established by the federal government
26for travel expenses, subsistence expenses, and mileage

 

 

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1allowances under 5 U.S.C. 5701 through 5711 and any
2regulations promulgated thereunder. If the rates set under
3federal regulations increase or decrease during the course of
4the State's fiscal year, the effective date of the new rate
5shall be the effective date of the change in the federal rate.
6(Source: P.A. 102-1119, eff. 1-23-23; 103-8, eff. 1-1-24;
7revised 1-2-24.)
 
8    Section 145. The General Obligation Bond Act is amended by
9changing Section 11 as follows:
 
10    (30 ILCS 330/11)  (from Ch. 127, par. 661)
11    Sec. 11. Sale of Bonds. Except as otherwise provided in
12this Section, Bonds shall be sold from time to time pursuant to
13notice of sale and public bid or by negotiated sale in such
14amounts and at such times as is directed by the Governor, upon
15recommendation by the Director of the Governor's Office of
16Management and Budget. At least 25%, based on total principal
17amount, of all Bonds issued each fiscal year shall be sold
18pursuant to notice of sale and public bid. At all times during
19each fiscal year, no more than 75%, based on total principal
20amount, of the Bonds issued each fiscal year, shall have been
21sold by negotiated sale. Failure to satisfy the requirements
22in the preceding 2 sentences shall not affect the validity of
23any previously issued Bonds; provided that all Bonds
24authorized by Public Act 96-43 and Public Act 96-1497 shall

 

 

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1not be included in determining compliance for any fiscal year
2with the requirements of the preceding 2 sentences; and
3further provided that refunding Bonds satisfying the
4requirements of Section 16 of this Act shall not be subject to
5the requirements in the preceding 2 sentences.
6    The Director of the Governor's Office of Management and
7Budget shall comply in the selection of any bond counsel with
8the competitive request for proposal process set forth in the
9Illinois Procurement Code and all other applicable
10requirements of that Code. The Director of the Governor's
11Office of Management and Budget may select any financial
12advisor from a pool of qualified advisors established pursuant
13to a request for qualifications. If any Bonds, including
14refunding Bonds, are to be sold by negotiated sale, the
15Director of the Governor's Office of Management and Budget
16shall select any underwriter from a pool of qualified
17underwriters established pursuant to a request for
18qualifications.
19    If Bonds are to be sold pursuant to notice of sale and
20public bid, the Director of the Governor's Office of
21Management and Budget may, from time to time, as Bonds are to
22be sold, advertise the sale of the Bonds in at least 2 daily
23newspapers, one of which is published in the City of
24Springfield and one in the City of Chicago. The sale of the
25Bonds shall be advertised in the BidBuy eProcurement System or
26any successor procurement platform maintained by the Chief

 

 

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1Procurement Officer for General Services, and shall be
2published once at least 10 days prior to the date fixed for the
3opening of the bids. The Director of the Governor's Office of
4Management and Budget may reschedule the date of sale upon the
5giving of such additional notice as the Director deems
6adequate to inform prospective bidders of such change;
7provided, however, that all other conditions of the sale shall
8continue as originally advertised.
9    Executed Bonds shall, upon payment therefor, be delivered
10to the purchaser, and the proceeds of Bonds shall be paid into
11the State Treasury as directed by Section 12 of this Act.
12    All Income Tax Proceed Bonds shall comply with this
13Section. Notwithstanding anything to the contrary, however,
14for purposes of complying with this Section, Income Tax
15Proceed Bonds, regardless of the number of series or issuances
16sold thereunder, shall be considered a single issue or series.
17Furthermore, for purposes of complying with the competitive
18bidding requirements of this Section, the words "at all times"
19shall not apply to any such sale of the Income Tax Proceed
20Bonds. The Director of the Governor's Office of Management and
21Budget shall determine the time and manner of any competitive
22sale of the Income Tax Proceed Bonds; however, that sale shall
23under no circumstances take place later than 60 days after the
24State closes the sale of 75% of the Income Tax Proceed Bonds by
25negotiated sale.
26    All State Pension Obligation Acceleration Bonds shall

 

 

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1comply with this Section. Notwithstanding anything to the
2contrary, however, for purposes of complying with this
3Section, State Pension Obligation Acceleration Bonds,
4regardless of the number of series or issuances sold
5thereunder, shall be considered a single issue or series.
6Furthermore, for purposes of complying with the competitive
7bidding requirements of this Section, the words "at all times"
8shall not apply to any such sale of the State Pension
9Obligation Acceleration Bonds. The Director of the Governor's
10Office of Management and Budget shall determine the time and
11manner of any competitive sale of the State Pension Obligation
12Acceleration Bonds; however, that sale shall under no
13circumstances take place later than 60 days after the State
14closes the sale of 75% of the State Pension Obligation
15Acceleration Bonds by negotiated sale.
16(Source: P.A. 103-7, eff. 7-1-23; revised 9-20-23.)
 
17    Section 150. The Capital Development Bond Act of 1972 is
18amended by changing Section 3 as follows:
 
19    (30 ILCS 420/3)  (from Ch. 127, par. 753)
20    Sec. 3. The State of Illinois is authorized to issue, sell
21and provide for the retirement of general obligation bonds of
22the State of Illinois in the amount of $1,737,000,000
23hereinafter called the "Bonds", for the specific purpose of
24providing funds for the acquisition, development,

 

 

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1construction, reconstruction, improvement, financing,
2architectural planning and installation of capital facilities
3consisting of buildings, structures, and durable equipment and
4for the acquisition and improvement of real property and
5interests in real property required, or expected to be
6required, in connection therewith and for the acquisition,
7protection and development of natural resources, including
8water related resources, within the State of Illinois for open
9spaces, water resource management, recreational and
10conservation purposes, all within the State of Illinois.
11    The Bonds shall be used in the following specific manner:
12    (a) $636,697,287 for the acquisition, development,
13construction, reconstruction, improvement, financing,
14architectural planning and installation of capital facilities
15consisting of buildings, structures, durable equipment and
16land for educational purposes by State universities and
17colleges, the Illinois Community College Board created by the
18Public Community College Act "An Act in relation to the
19establishment, operation and maintenance of public community
20colleges", approved July 15, 1965, as amended and by the
21School Building Commission created by "An Act to provide for
22the acquisition, construction, rental, and disposition of
23buildings used for school purposes", approved June 21, 1957,
24as amended, or its successor, all within the State of
25Illinois, and for grants to public community colleges as
26authorized by Section 5-11 of the Public Community College

 

 

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1Act; and for the acquisition, development, construction,
2reconstruction rehabilitation, improvement, architectural
3planning and installation of capital facilities consisting of
4durable movable equipment, including antennas and structures
5necessarily relating thereto, for the Board of Governors of
6State Colleges and Universities to construct educational
7television facilities, which educational television facilities
8may be located upon land or structures not owned by the State
9providing that the Board of Governors has at least a 25-year
10lease for the use of such non-state owned land or structures,
11which lease may contain a provision making it subject to
12annual appropriations by the General Assembly;
13    (b) $323,000,000 for the acquisition, development,
14construction, reconstruction, improvement, financing,
15architectural planning and installation of capital facilities
16consisting of buildings, structures, durable equipment and
17land for correctional purposes at State prisons and
18correctional centers, all within the State of Illinois;
19    (c) $157,020,000 for the acquisition, development,
20construction, reconstruction, improvement, financing,
21architectural planning and installation of capital facilities
22consisting of buildings, structures, durable equipment, and
23land for open spaces, recreational and conservation purposes
24and the protection of land, all within the State of Illinois;
25    (d) $146,580,000 for the acquisition, development,
26construction, reconstruction, improvement, financing,

 

 

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1architectural planning and installation of capital facilities
2consisting of buildings, structures, durable equipment and
3land for child care facilities, mental and public health
4facilities, and facilities for the care of veterans with
5disabilities and their spouses, all within the State of
6Illinois;
7    (e) $348,846,200 for the acquisition, development,
8construction, reconstruction, improvement, financing,
9architectural planning and installation of capital facilities
10consisting of buildings, structures, durable equipment and
11land for use by the State, its departments, authorities,
12public corporations, commissions and agencies;
13    (f) To reimburse the Illinois Building Authority created
14by the Building Authority Act "An Act to create the Illinois
15Building Authority and to define its powers and duties", as
16approved August 15, 1961, as amended, for any and all costs and
17expenses incurred, and to be incurred, by the Illinois
18Building Authority in connection with the acquisition,
19construction, development, reconstruction, improvement,
20planning, installation and financing of capital facilities
21consisting of buildings, structures, equipment and land as
22enumerated in subsections (a) through (e) hereof, and in
23connection therewith to acquire from the Illinois Building
24Authority any such capital facilities; provided, however, that
25nothing in this subparagraph shall be construed to require or
26permit the acquisition of facilities financed by the Illinois

 

 

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1Building authority through the issuance of bonds;
2    (g) $24,853,800 for the acquisition, development,
3construction, reconstruction, improvement, financing,
4architectural planning and installation of buildings,
5structures, durable equipment, and land for:
6    (1) Cargo handling facilities for use by port districts,
7and
8    (2) Breakwaters, including harbor entrances incident
9thereto, for use by port districts in conjunction with
10facilities for small boats and pleasure craft;
11    (h) $39,900,000 for the acquisition, development,
12construction, reconstruction, modification, financing,
13architectural planning and installation of capital facilities
14consisting of buildings, structures, durable equipment and
15land for water resource management projects, all within the
16State of Illinois;
17    (i) $9,852,713 for the acquisition, development,
18construction, reconstruction, improvement, financing,
19architectural planning and installation of capital facilities
20consisting of buildings, structures, durable equipment and
21land for educational purposes by nonprofit, nonpublic health
22service educational institutions;
23    (j) $48,000,000 for the acquisition, development,
24construction, reconstruction, improvement, financing,
25architectural planning and installation of capital facilities
26consisting of buildings, structures, durable equipment and

 

 

HB4844 Engrossed- 332 -LRB103 39009 AMC 69146 b

1land for the provision of facilities for food production
2research and related instructional and public service
3activities at the State universities and public community
4colleges, all within the State of Illinois;
5    (k) $2,250,000 for grants by the Secretary of State, as
6State Librarian, for the construction, acquisition,
7development, reconstruction and improvement of central library
8facilities authorized under Section 8 of the "The Illinois
9Library System Act", as amended.
10(Source: P.A. 99-143, eff. 7-27-15; revised 9-20-23.)
 
11    Section 155. The Build Illinois Bond Act is amended by
12changing Section 5 as follows:
 
13    (30 ILCS 425/5)  (from Ch. 127, par. 2805)
14    Sec. 5. Bond sale expenses.
15    (a) Costs for advertising, printing, bond rating, travel
16of outside vendors, security, delivery, and legal and
17financial advisory services, initial fees of trustees,
18registrars, paying agents, and other fiduciaries, initial
19costs of credit or liquidity enhancement arrangements, initial
20fees of indexing and remarketing agents, and initial costs of
21interest rate swaps, guarantees, or arrangements to limit
22interest rate risk, as determined in the related Bond Sale
23Order, may be paid as reasonable costs of issuance and sale
24from the proceeds of each Bond sale. An amount not to exceed 1%

 

 

HB4844 Engrossed- 333 -LRB103 39009 AMC 69146 b

1of the principal amount of the proceeds of the sale of each
2bond sale is authorized to be used to pay additional
3reasonable costs of each issuance and sale of Bonds authorized
4and sold pursuant to this Act, including, without limitation,
5underwriter's discounts and fees, but excluding bond
6insurance; provided that no salaries of State employees or
7other State office operating expenses shall be paid out of
8non-appropriated proceeds. The Governor's Office of Management
9and Budget shall compile a summary of all costs of issuance on
10each sale (including both costs paid out of proceeds and those
11paid out of appropriated funds) and post that summary on its
12web site within 20 business days after the issuance of the
13bonds. The summary shall include, as applicable, the
14respective percentage of participation and compensation of
15each underwriter that is a member of the underwriting
16syndicate, legal counsel, financial advisors, and other
17professionals for the Bond issue, and an identification of all
18costs of issuance paid to minority-owned businesses,
19women-owned businesses, and businesses owned by persons with
20disabilities. The terms "minority-owned businesses",
21"women-owned businesses", and "business owned by a person with
22a disability" have the meanings given to those terms in the
23Business Enterprise for Minorities, Women, and Persons with
24Disabilities Act. The summary shall be posted on the website
25for a period of at least 30 days. In addition, the Governor's
26Office of Management and Budget shall provide a written copy

 

 

HB4844 Engrossed- 334 -LRB103 39009 AMC 69146 b

1of each summary of costs to the Speaker and Minority Leader of
2the House of Representatives, the President and Minority
3Leader of the Senate, and the Commission on Government
4Forecasting and Accountability within 20 business days after
5each issuance of the bonds. In addition, the Governor's Office
6of Management and Budget shall provide copies of all contracts
7under which any costs of issuance are paid or to be paid to the
8Commission on Government Forecasting and Accountability within
920 business days after the issuance of Bonds for which those
10costs are paid or to be paid. Instead of filing a second or
11subsequent copy of the same contract, the Governor's Office of
12Management and Budget may file a statement that specified
13costs are paid under specified contracts filed earlier with
14the Commission.
15    (b) The Director of the Governor's Office of Management
16and Budget shall not, in connection with the issuance of
17Bonds, contract with any underwriter, financial advisor, or
18attorney unless that underwriter, financial advisor, or
19attorney certifies that the underwriter, financial advisor, or
20attorney has not and will not pay a contingent fee, whether
21directly or indirectly, to any third party for having promoted
22the selection of the underwriter, financial advisor, or
23attorney for that contract. In the event that the Governor's
24Office of Management and Budget determines that an
25underwriter, financial advisor, or attorney has filed a false
26certification with respect to the payment of contingent fees,

 

 

HB4844 Engrossed- 335 -LRB103 39009 AMC 69146 b

1the Governor's Office of Management and Budget shall not
2contract with that underwriter, financial advisor, or
3attorney, or with any firm employing any person who signed
4false certifications, for a period of 2 calendar years,
5beginning with the date the determination is made. The
6validity of Bonds issued under such circumstances of violation
7pursuant to this Section shall not be affected.
8(Source: P.A. 103-7, eff. 7-1-23; revised 9-21-23.)
 
9    Section 160. The Illinois Procurement Code is amended by
10changing Sections 1-10 and 10-20 as follows:
 
11    (30 ILCS 500/1-10)
12    Sec. 1-10. Application.
13    (a) This Code applies only to procurements for which
14bidders, offerors, potential contractors, or contractors were
15first solicited on or after July 1, 1998. This Code shall not
16be construed to affect or impair any contract, or any
17provision of a contract, entered into based on a solicitation
18prior to the implementation date of this Code as described in
19Article 99, including, but not limited to, any covenant
20entered into with respect to any revenue bonds or similar
21instruments. All procurements for which contracts are
22solicited between the effective date of Articles 50 and 99 and
23July 1, 1998 shall be substantially in accordance with this
24Code and its intent.

 

 

HB4844 Engrossed- 336 -LRB103 39009 AMC 69146 b

1    (b) This Code shall apply regardless of the source of the
2funds with which the contracts are paid, including federal
3assistance moneys. This Code shall not apply to:
4        (1) Contracts between the State and its political
5    subdivisions or other governments, or between State
6    governmental bodies, except as specifically provided in
7    this Code.
8        (2) Grants, except for the filing requirements of
9    Section 20-80.
10        (3) Purchase of care, except as provided in Section
11    5-30.6 of the Illinois Public Aid Code and this Section.
12        (4) Hiring of an individual as an employee and not as
13    an independent contractor, whether pursuant to an
14    employment code or policy or by contract directly with
15    that individual.
16        (5) Collective bargaining contracts.
17        (6) Purchase of real estate, except that notice of
18    this type of contract with a value of more than $25,000
19    must be published in the Procurement Bulletin within 10
20    calendar days after the deed is recorded in the county of
21    jurisdiction. The notice shall identify the real estate
22    purchased, the names of all parties to the contract, the
23    value of the contract, and the effective date of the
24    contract.
25        (7) Contracts necessary to prepare for anticipated
26    litigation, enforcement actions, or investigations,

 

 

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1    provided that the chief legal counsel to the Governor
2    shall give his or her prior approval when the procuring
3    agency is one subject to the jurisdiction of the Governor,
4    and provided that the chief legal counsel of any other
5    procuring entity subject to this Code shall give his or
6    her prior approval when the procuring entity is not one
7    subject to the jurisdiction of the Governor.
8        (8) (Blank).
9        (9) Procurement expenditures by the Illinois
10    Conservation Foundation when only private funds are used.
11        (10) (Blank).
12        (11) Public-private agreements entered into according
13    to the procurement requirements of Section 20 of the
14    Public-Private Partnerships for Transportation Act and
15    design-build agreements entered into according to the
16    procurement requirements of Section 25 of the
17    Public-Private Partnerships for Transportation Act.
18        (12) (A) Contracts for legal, financial, and other
19    professional and artistic services entered into by the
20    Illinois Finance Authority in which the State of Illinois
21    is not obligated. Such contracts shall be awarded through
22    a competitive process authorized by the members of the
23    Illinois Finance Authority and are subject to Sections
24    5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
25    as well as the final approval by the members of the
26    Illinois Finance Authority of the terms of the contract.

 

 

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1        (B) Contracts for legal and financial services entered
2    into by the Illinois Housing Development Authority in
3    connection with the issuance of bonds in which the State
4    of Illinois is not obligated. Such contracts shall be
5    awarded through a competitive process authorized by the
6    members of the Illinois Housing Development Authority and
7    are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
8    and 50-37 of this Code, as well as the final approval by
9    the members of the Illinois Housing Development Authority
10    of the terms of the contract.
11        (13) Contracts for services, commodities, and
12    equipment to support the delivery of timely forensic
13    science services in consultation with and subject to the
14    approval of the Chief Procurement Officer as provided in
15    subsection (d) of Section 5-4-3a of the Unified Code of
16    Corrections, except for the requirements of Sections
17    20-60, 20-65, 20-70, and 20-160 and Article 50 of this
18    Code; however, the Chief Procurement Officer may, in
19    writing with justification, waive any certification
20    required under Article 50 of this Code. For any contracts
21    for services which are currently provided by members of a
22    collective bargaining agreement, the applicable terms of
23    the collective bargaining agreement concerning
24    subcontracting shall be followed.
25        On and after January 1, 2019, this paragraph (13),
26    except for this sentence, is inoperative.

 

 

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1        (14) Contracts for participation expenditures required
2    by a domestic or international trade show or exhibition of
3    an exhibitor, member, or sponsor.
4        (15) Contracts with a railroad or utility that
5    requires the State to reimburse the railroad or utilities
6    for the relocation of utilities for construction or other
7    public purpose. Contracts included within this paragraph
8    (15) shall include, but not be limited to, those
9    associated with: relocations, crossings, installations,
10    and maintenance. For the purposes of this paragraph (15),
11    "railroad" means any form of non-highway ground
12    transportation that runs on rails or electromagnetic
13    guideways and "utility" means: (1) public utilities as
14    defined in Section 3-105 of the Public Utilities Act, (2)
15    telecommunications carriers as defined in Section 13-202
16    of the Public Utilities Act, (3) electric cooperatives as
17    defined in Section 3.4 of the Electric Supplier Act, (4)
18    telephone or telecommunications cooperatives as defined in
19    Section 13-212 of the Public Utilities Act, (5) rural
20    water or waste water systems with 10,000 connections or
21    less, (6) a holder as defined in Section 21-201 of the
22    Public Utilities Act, and (7) municipalities owning or
23    operating utility systems consisting of public utilities
24    as that term is defined in Section 11-117-2 of the
25    Illinois Municipal Code.
26        (16) Procurement expenditures necessary for the

 

 

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1    Department of Public Health to provide the delivery of
2    timely newborn screening services in accordance with the
3    Newborn Metabolic Screening Act.
4        (17) Procurement expenditures necessary for the
5    Department of Agriculture, the Department of Financial and
6    Professional Regulation, the Department of Human Services,
7    and the Department of Public Health to implement the
8    Compassionate Use of Medical Cannabis Program and Opioid
9    Alternative Pilot Program requirements and ensure access
10    to medical cannabis for patients with debilitating medical
11    conditions in accordance with the Compassionate Use of
12    Medical Cannabis Program Act.
13        (18) This Code does not apply to any procurements
14    necessary for the Department of Agriculture, the
15    Department of Financial and Professional Regulation, the
16    Department of Human Services, the Department of Commerce
17    and Economic Opportunity, and the Department of Public
18    Health to implement the Cannabis Regulation and Tax Act if
19    the applicable agency has made a good faith determination
20    that it is necessary and appropriate for the expenditure
21    to fall within this exemption and if the process is
22    conducted in a manner substantially in accordance with the
23    requirements of Sections 20-160, 25-60, 30-22, 50-5,
24    50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
25    50-36, 50-37, 50-38, and 50-50 of this Code; however, for
26    Section 50-35, compliance applies only to contracts or

 

 

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1    subcontracts over $100,000. Notice of each contract
2    entered into under this paragraph (18) that is related to
3    the procurement of goods and services identified in
4    paragraph (1) through (9) of this subsection shall be
5    published in the Procurement Bulletin within 14 calendar
6    days after contract execution. The Chief Procurement
7    Officer shall prescribe the form and content of the
8    notice. Each agency shall provide the Chief Procurement
9    Officer, on a monthly basis, in the form and content
10    prescribed by the Chief Procurement Officer, a report of
11    contracts that are related to the procurement of goods and
12    services identified in this subsection. At a minimum, this
13    report shall include the name of the contractor, a
14    description of the supply or service provided, the total
15    amount of the contract, the term of the contract, and the
16    exception to this Code utilized. A copy of any or all of
17    these contracts shall be made available to the Chief
18    Procurement Officer immediately upon request. The Chief
19    Procurement Officer shall submit a report to the Governor
20    and General Assembly no later than November 1 of each year
21    that includes, at a minimum, an annual summary of the
22    monthly information reported to the Chief Procurement
23    Officer. This exemption becomes inoperative 5 years after
24    June 25, 2019 (the effective date of Public Act 101-27).
25        (19) Acquisition of modifications or adjustments,
26    limited to assistive technology devices and assistive

 

 

HB4844 Engrossed- 342 -LRB103 39009 AMC 69146 b

1    technology services, adaptive equipment, repairs, and
2    replacement parts to provide reasonable accommodations (i)
3    that enable a qualified applicant with a disability to
4    complete the job application process and be considered for
5    the position such qualified applicant desires, (ii) that
6    modify or adjust the work environment to enable a
7    qualified current employee with a disability to perform
8    the essential functions of the position held by that
9    employee, (iii) to enable a qualified current employee
10    with a disability to enjoy equal benefits and privileges
11    of employment as are enjoyed by other similarly situated
12    employees without disabilities, and (iv) that allow a
13    customer, client, claimant, or member of the public
14    seeking State services full use and enjoyment of and
15    access to its programs, services, or benefits.
16        For purposes of this paragraph (19):
17        "Assistive technology devices" means any item, piece
18    of equipment, or product system, whether acquired
19    commercially off the shelf, modified, or customized, that
20    is used to increase, maintain, or improve functional
21    capabilities of individuals with disabilities.
22        "Assistive technology services" means any service that
23    directly assists an individual with a disability in
24    selection, acquisition, or use of an assistive technology
25    device.
26        "Qualified" has the same meaning and use as provided

 

 

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1    under the federal Americans with Disabilities Act when
2    describing an individual with a disability.
3        (20) Procurement expenditures necessary for the
4    Illinois Commerce Commission to hire third-party
5    facilitators pursuant to Sections 16-105.17 and 16-108.18
6    of the Public Utilities Act or an ombudsman pursuant to
7    Section 16-107.5 of the Public Utilities Act, a
8    facilitator pursuant to Section 16-105.17 of the Public
9    Utilities Act, or a grid auditor pursuant to Section
10    16-105.10 of the Public Utilities Act.
11        (21) Procurement expenditures for the purchase,
12    renewal, and expansion of software, software licenses, or
13    software maintenance agreements that support the efforts
14    of the Illinois State Police to enforce, regulate, and
15    administer the Firearm Owners Identification Card Act, the
16    Firearm Concealed Carry Act, the Firearms Restraining
17    Order Act, the Firearm Dealer License Certification Act,
18    the Law Enforcement Agencies Data System (LEADS), the
19    Uniform Crime Reporting Act, the Criminal Identification
20    Act, the Illinois Uniform Conviction Information Act, and
21    the Gun Trafficking Information Act, or establish or
22    maintain record management systems necessary to conduct
23    human trafficking investigations or gun trafficking or
24    other stolen firearm investigations. This paragraph (21)
25    applies to contracts entered into on or after January 10,
26    2023 (the effective date of Public Act 102-1116) and the

 

 

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1    renewal of contracts that are in effect on January 10,
2    2023 (the effective date of Public Act 102-1116).
3        (22) Contracts for project management services and
4    system integration services required for the completion of
5    the State's enterprise resource planning project. This
6    exemption becomes inoperative 5 years after June 7, 2023
7    (the effective date of the changes made to this Section by
8    Public Act 103-8). This paragraph (22) applies to
9    contracts entered into on or after June 7, 2023 (the
10    effective date of the changes made to this Section by
11    Public Act 103-8) and the renewal of contracts that are in
12    effect on June 7, 2023 (the effective date of the changes
13    made to this Section by Public Act 103-8).
14        (23) Procurements necessary for the Department of
15    Insurance to implement the Illinois Health Benefits
16    Exchange Law if the Department of Insurance has made a
17    good faith determination that it is necessary and
18    appropriate for the expenditure to fall within this
19    exemption. The procurement process shall be conducted in a
20    manner substantially in accordance with the requirements
21    of Sections 20-160 and 25-60 and Article 50 of this Code. A
22    copy of these contracts shall be made available to the
23    Chief Procurement Officer immediately upon request. This
24    paragraph is inoperative 5 years after June 27, 2023 (the
25    effective date of Public Act 103-103).
26        (24) (22) Contracts for public education programming,

 

 

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1    noncommercial sustaining announcements, public service
2    announcements, and public awareness and education
3    messaging with the nonprofit trade associations of the
4    providers of those services that inform the public on
5    immediate and ongoing health and safety risks and hazards.
6    Notwithstanding any other provision of law, for contracts
7with an annual value of more than $100,000 entered into on or
8after October 1, 2017 under an exemption provided in any
9paragraph of this subsection (b), except paragraph (1), (2),
10or (5), each State agency shall post to the appropriate
11procurement bulletin the name of the contractor, a description
12of the supply or service provided, the total amount of the
13contract, the term of the contract, and the exception to the
14Code utilized. The chief procurement officer shall submit a
15report to the Governor and General Assembly no later than
16November 1 of each year that shall include, at a minimum, an
17annual summary of the monthly information reported to the
18chief procurement officer.
19    (c) This Code does not apply to the electric power
20procurement process provided for under Section 1-75 of the
21Illinois Power Agency Act and Section 16-111.5 of the Public
22Utilities Act. This Code does not apply to the procurement of
23technical and policy experts pursuant to Section 1-129 of the
24Illinois Power Agency Act.
25    (d) Except for Section 20-160 and Article 50 of this Code,
26and as expressly required by Section 9.1 of the Illinois

 

 

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1Lottery Law, the provisions of this Code do not apply to the
2procurement process provided for under Section 9.1 of the
3Illinois Lottery Law.
4    (e) This Code does not apply to the process used by the
5Capital Development Board to retain a person or entity to
6assist the Capital Development Board with its duties related
7to the determination of costs of a clean coal SNG brownfield
8facility, as defined by Section 1-10 of the Illinois Power
9Agency Act, as required in subsection (h-3) of Section 9-220
10of the Public Utilities Act, including calculating the range
11of capital costs, the range of operating and maintenance
12costs, or the sequestration costs or monitoring the
13construction of clean coal SNG brownfield facility for the
14full duration of construction.
15    (f) (Blank).
16    (g) (Blank).
17    (h) This Code does not apply to the process to procure or
18contracts entered into in accordance with Sections 11-5.2 and
1911-5.3 of the Illinois Public Aid Code.
20    (i) Each chief procurement officer may access records
21necessary to review whether a contract, purchase, or other
22expenditure is or is not subject to the provisions of this
23Code, unless such records would be subject to attorney-client
24privilege.
25    (j) This Code does not apply to the process used by the
26Capital Development Board to retain an artist or work or works

 

 

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1of art as required in Section 14 of the Capital Development
2Board Act.
3    (k) This Code does not apply to the process to procure
4contracts, or contracts entered into, by the State Board of
5Elections or the State Electoral Board for hearing officers
6appointed pursuant to the Election Code.
7    (l) This Code does not apply to the processes used by the
8Illinois Student Assistance Commission to procure supplies and
9services paid for from the private funds of the Illinois
10Prepaid Tuition Fund. As used in this subsection (l), "private
11funds" means funds derived from deposits paid into the
12Illinois Prepaid Tuition Trust Fund and the earnings thereon.
13    (m) This Code shall apply regardless of the source of
14funds with which contracts are paid, including federal
15assistance moneys. Except as specifically provided in this
16Code, this Code shall not apply to procurement expenditures
17necessary for the Department of Public Health to conduct the
18Healthy Illinois Survey in accordance with Section 2310-431 of
19the Department of Public Health Powers and Duties Law of the
20Civil Administrative Code of Illinois.
21(Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22;
22102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff.
239-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22;
24102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff.
256-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; revised
261-2-24.)
 

 

 

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1    (30 ILCS 500/10-20)
2    Sec. 10-20. Independent chief procurement officers.
3    (a) Appointment. Within 60 calendar days after July 1,
42010 (the effective date of Public Act 96-795) this amendatory
5Act of the 96th General Assembly, the Executive Ethics
6Commission, with the advice and consent of the Senate shall
7appoint or approve 4 chief procurement officers, one for each
8of the following categories:
9        (1) for procurements for construction and
10    construction-related services committed by law to the
11    jurisdiction or responsibility of the Capital Development
12    Board;
13        (2) for procurements for all construction,
14    construction-related services, operation of any facility,
15    and the provision of any service or activity committed by
16    law to the jurisdiction or responsibility of the Illinois
17    Department of Transportation, including the direct or
18    reimbursable expenditure of all federal funds for which
19    the Department of Transportation is responsible or
20    accountable for the use thereof in accordance with federal
21    law, regulation, or procedure, the chief procurement
22    officer recommended for approval under this item appointed
23    by the Secretary of Transportation after consent by the
24    Executive Ethics Commission;
25        (3) for all procurements made by a public institution

 

 

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1    of higher education; and
2        (4) for all other procurement needs of State agencies.
3    For fiscal year 2024, the Executive Ethics Commission
4shall set aside from its appropriation those amounts necessary
5for the use of the 4 chief procurement officers for the
6ordinary and contingent expenses of their respective
7procurement offices. From the amounts set aside by the
8Commission, each chief procurement officer shall control the
9internal operations of his or her procurement office and shall
10procure the necessary equipment, materials, and services to
11perform the duties of that office, including hiring necessary
12procurement personnel, legal advisors, and other employees,
13and may establish, in the exercise of the chief procurement
14officer's discretion, the compensation of the office's
15employees, which includes the State purchasing officers and
16any legal advisors. The Executive Ethics Commission shall have
17no control over the employees of the chief procurement
18officers. The Executive Ethics Commission shall provide
19administrative support services, including payroll, for each
20procurement office.
21    (b) Terms and independence. Each chief procurement officer
22appointed under this Section shall serve for a term of 5 years
23beginning on the date of the officer's appointment. The chief
24procurement officer may be removed for cause after a hearing
25by the Executive Ethics Commission. The Governor or the
26director of a State agency directly responsible to the

 

 

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1Governor may institute a complaint against the officer by
2filing such complaint with the Commission. The Commission
3shall have a hearing based on the complaint. The officer and
4the complainant shall receive reasonable notice of the hearing
5and shall be permitted to present their respective arguments
6on the complaint. After the hearing, the Commission shall make
7a finding on the complaint and may take disciplinary action,
8including but not limited to removal of the officer.
9    The salary of a chief procurement officer shall be
10established by the Executive Ethics Commission and may not be
11diminished during the officer's term. The salary may not
12exceed the salary of the director of a State agency for which
13the officer serves as chief procurement officer.
14    (c) Qualifications. In addition to any other requirement
15or qualification required by State law, each chief procurement
16officer must within 12 months of employment be a Certified
17Professional Public Buyer or a Certified Public Purchasing
18Officer, pursuant to certification by the Universal Public
19Purchasing Certification Council, and must reside in Illinois.
20    (d) Fiduciary duty. Each chief procurement officer owes a
21fiduciary duty to the State.
22    (e) Vacancy. In case of a vacancy in one or more of the
23offices of a chief procurement officer under this Section
24during the recess of the Senate, the Executive Ethics
25Commission shall make a temporary appointment until the next
26meeting of the Senate, when the Executive Ethics Commission

 

 

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1shall nominate some person to fill the office, and any person
2so nominated who is confirmed by the Senate shall hold office
3during the remainder of the term and until his or her successor
4is appointed and qualified. If the Senate is not in session at
5the time Public Act 96-920 this amendatory Act of the 96th
6General Assembly takes effect, the Executive Ethics Commission
7shall make a temporary appointment as in the case of a vacancy.
8    (f) (Blank).
9    (g) (Blank).
10(Source: P.A. 103-8, eff. 6-7-23; revised 9-26-23.)
 
11    Section 165. The Illinois Works Jobs Program Act is
12amended by changing Section 20-15 as follows:
 
13    (30 ILCS 559/20-15)
14    Sec. 20-15. Illinois Works Preapprenticeship Program;
15Illinois Works Bid Credit Program.
16    (a) The Illinois Works Preapprenticeship Program is
17established and shall be administered by the Department. The
18goal of the Illinois Works Preapprenticeship Program is to
19create a network of community-based organizations throughout
20the State that will recruit, prescreen, and provide
21preapprenticeship skills training, for which participants may
22attend free of charge and receive a stipend, to create a
23qualified, diverse pipeline of workers who are prepared for
24careers in the construction and building trades. Upon

 

 

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1completion of the Illinois Works Preapprenticeship Program,
2the candidates will be skilled and work-ready.
3    (b) There is created the Illinois Works Fund, a special
4fund in the State treasury. The Illinois Works Fund shall be
5administered by the Department. The Illinois Works Fund shall
6be used to provide funding for community-based organizations
7throughout the State. In addition to any other transfers that
8may be provided for by law, on and after July 1, 2019 at the
9direction of the Director of the Governor's Office of
10Management and Budget, the State Comptroller shall direct and
11the State Treasurer shall transfer amounts not exceeding a
12total of $50,000,000 from the Rebuild Illinois Projects Fund
13to the Illinois Works Fund.
14    (c) Each community-based organization that receives
15funding from the Illinois Works Fund shall provide an annual
16report to the Illinois Works Review Panel by April 1 of each
17calendar year. The annual report shall include the following
18information:
19        (1) a description of the community-based
20    organization's recruitment, screening, and training
21    efforts;
22        (2) the number of individuals who apply to,
23    participate in, and complete the community-based
24    organization's program, broken down by race, gender, age,
25    and veteran status; and
26    (3) the number of the individuals referenced in item (2)

 

 

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1    of this subsection who are initially accepted and placed
2    into apprenticeship programs in the construction and
3    building trades.
4    (d) The Department shall create and administer the
5Illinois Works Bid Credit Program that shall provide economic
6incentives, through bid credits, to encourage contractors and
7subcontractors to provide contracting and employment
8opportunities to historically underrepresented populations in
9the construction industry.
10    The Illinois Works Bid Credit Program shall allow
11contractors and subcontractors to earn bid credits for use
12toward future bids for public works projects contracted by the
13State or an agency of the State in order to increase the
14chances that the contractor and the subcontractors will be
15selected.
16    Contractors or subcontractors may be eligible to earn bid
17credits for employing apprentices who have completed the
18Illinois Works Preapprenticeship Program. Contractors or
19subcontractors shall earn bid credits at a rate established by
20the Department and based on labor hours worked by apprentices
21who have completed the Illinois Works Preapprenticeship
22Program. In order to earn bid credits, contractors and
23subcontractors shall provide the Department with certified
24payroll documenting the hours performed by apprentices who
25have completed the Illinois Works Preapprenticeship Program.
26Contractors and subcontractors can use bid credits toward

 

 

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1future bids for public works projects contracted or funded by
2the State or an agency of the State in order to increase the
3likelihood of being selected as the contractor for the public
4works project toward which they have applied the bid credit.
5The Department shall establish the rate by rule and shall
6publish it on the Department's website. The rule may include
7maximum bid credits allowed per contractor, per subcontractor,
8per apprentice, per bid, or per year.
9    The Illinois Works Credit Bank is hereby created and shall
10be administered by the Department. The Illinois Works Credit
11Bank shall track the bid credits.
12    A contractor or subcontractor who has been awarded bid
13credits under any other State program for employing
14apprentices who have completed the Illinois Works
15Preapprenticeship Program is not eligible to receive bid
16credits under the Illinois Works Bid Credit Program relating
17to the same contract.
18    The Department shall report to the Illinois Works Review
19Panel the following: (i) the number of bid credits awarded by
20the Department; (ii) the number of bid credits submitted by
21the contractor or subcontractor to the agency administering
22the public works contract; and (iii) the number of bid credits
23accepted by the agency for such contract. Any agency that
24awards bid credits pursuant to the Illinois Works Credit Bank
25Program shall report to the Department the number of bid
26credits it accepted for the public works contract.

 

 

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1    Upon a finding that a contractor or subcontractor has
2reported falsified records to the Department in order to
3fraudulently obtain bid credits, the Department may bar the
4contractor or subcontractor from participating in the Illinois
5Works Bid Credit Program and may suspend the contractor or
6subcontractor from bidding on or participating in any public
7works project. False or fraudulent claims for payment relating
8to false bid credits may be subject to damages and penalties
9under applicable law.
10    (e) The Department shall adopt any rules deemed necessary
11to implement this Section. In order to provide for the
12expeditious and timely implementation of this Act, the
13Department may adopt emergency rules. The adoption of
14emergency rules authorized by this subsection is deemed to be
15necessary for the public interest, safety, and welfare.
16(Source: P.A. 103-8, eff. 6-7-23; 103-305, eff. 7-28-23;
17revised 9-6-23.)
 
18    Section 170. The Build Illinois Act is amended by changing
19Section 10-6 as follows:
 
20    (30 ILCS 750/10-6)  (from Ch. 127, par. 2710-6)
21    Sec. 10-6. Large Business Attraction Fund.
22    (a) There is created the Large Business Attraction Fund to
23be held as part of the State Treasury. The Department is
24authorized to make loans from the Fund for the purposes

 

 

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1established under this Article. The State Treasurer shall have
2custody of the Fund and may invest in securities constituting
3direct obligations of the United States Government, in
4obligations the principal of and interest on which are
5guaranteed by the United States Government, or in certificates
6of deposit of any State or national bank that are fully secured
7by obligations guaranteed as to principal and interest by the
8United States Government. The purpose of the Fund is to offer
9loans to finance large firms considering the location of a
10proposed plant in the State and to provide financing to carry
11out the purposes and provisions of paragraph (h) of Section
1210-3. Financing shall be in the form of a loan, mortgage, or
13other debt instrument. All loans shall be conditioned on the
14project receiving financing from participating lenders or
15other sources. Loan proceeds shall be available for project
16costs associated with an expansion of business capacity and
17employment, except for debt refinancing. Targeted companies
18for the program shall primarily consist of established
19industrial and service companies with proven records of
20earnings that will sell their product to markets beyond
21Illinois and have proven multistate location options. New
22ventures shall be considered only if the entity is protected
23with adequate security with regard to its financing and
24operation. The limitations and conditions with respect to the
25use of this Fund shall not apply in carrying out the purposes
26and provisions of paragraph (h) of Section 10-3.

 

 

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1    (b) Deposits into the Fund shall include, but are not
2limited to:
3        (1) Any appropriations, grants, or gifts made to the
4    Fund.
5        (2) Any income received from interest on investments
6    of amounts from the Fund not currently needed to meet the
7    obligations of the Fund.
8    (c) The State Comptroller and the State Treasurer shall
9from time to time, upon the written direction of the Governor,
10transfer from the Fund to the General Revenue Fund or the
11Budget Stabilization Fund, those amounts that the Governor
12determines are in excess of the amounts required to meet the
13obligations of the Fund. Any amounts transferred to the Budget
14Stabilization Fund may be transferred back to the Large
15Business Attraction Fund by the State Comptroller and the
16State Treasurer, upon the written direction of the Governor.
17    (d) Notwithstanding subsection (a) of this Section, the
18Large Business Attraction Fund may be used for the purposes
19established under the Invest in Illinois Act, including for
20awards, grants, loans, contracts, and administrative expenses.
21(Source: P.A. 102-1115, eff. 1-9-23; 102-1125, eff. 2-3-23;
22revised 2-23-23.)
 
23    Section 175. The State Mandates Act is amended by changing
24Sections 8.46 and 8.47 as follows:
 

 

 

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1    (30 ILCS 805/8.46)
2    Sec. 8.46. Exempt mandate.
3    (a) Notwithstanding Sections 6 and 8 of this Act, no
4reimbursement by the State is required for the implementation
5of any mandate created by 102-707, 102-764, 102-806, 102-811,
6102-836, 102-856, 102-857, 102-884, 102-943, 102-1061,
7102-1064, 102-1088, or 102-1131 this amendatory Act of the
8102nd General Assembly.
9    (b) Notwithstanding Sections 6 and 8 of this Act, no
10reimbursement by the State is required for the implementation
11of any mandate created by the Decennial Committees on Local
12Government Efficiency Act.
13(Source: P.A. 102-707, eff. 4-22-22; 102-764, eff. 5-13-22;
14102-806, eff. 5-13-22; 102-811, eff. 1-1-23; 102-836, eff.
155-13-22; 102-856, eff. 1-1-23; 102-857, eff. 5-13-22; 102-884,
16eff. 5-13-22; 102-943, eff. 1-1-23; 102-1061, eff. 6-10-22;
17102-1064, eff. 6-10-22; 102-1088, eff. 6-10-22; 102-1131, eff.
186-1-23; revised 9-19-23.)
 
19    (30 ILCS 805/8.47)
20    Sec. 8.47. Exempt mandate.
21    (a) Notwithstanding Sections 6 and 8 of this Act, no
22reimbursement by the State is required for the implementation
23of any mandate created by Public Act 103-2, 103-110, 103-409,
24103-455, 103-529, 103-552, 103-553, 103-579, or 103-582 this
25amendatory Act of the 103rd General Assembly.

 

 

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1    (b) Notwithstanding Sections 6 and 8 of this Act, no
2reimbursement by the State is required for the implementation
3of any mandate created by the Decennial Committees on Local
4Government Efficiency Act.
5    (c) Notwithstanding Sections 6 and 8 of this Act, no
6reimbursement by the State is required for the implementation
7of the mandate created by Section 2.10a of the Regional
8Transportation Authority Act in Public Act 103-281 this
9amendatory Act of the 103rd General Assembly.
10(Source: P.A. 102-1136, eff. 2-10-23; 103-2, eff. 5-10-23;
11103-110, eff. 6-29-23; 103-281, eff. 1-1-24; 103-409, eff.
121-1-24; 103-455, eff. 1-1-24; 103-529, eff. 8-11-23; 103-552,
13eff. 8-11-23; 103-553, eff. 8-11-23; 103-579, eff. 12-8-23;
14103-582, eff. 12-8-23; revised 1-2-24.)
 
15    Section 180. The Illinois Income Tax Act is amended by
16changing Sections 201, 203, 228, and 237 as follows:
 
17    (35 ILCS 5/201)
18    Sec. 201. Tax imposed.
19    (a) In general. A tax measured by net income is hereby
20imposed on every individual, corporation, trust and estate for
21each taxable year ending after July 31, 1969 on the privilege
22of earning or receiving income in or as a resident of this
23State. Such tax shall be in addition to all other occupation or
24privilege taxes imposed by this State or by any municipal

 

 

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1corporation or political subdivision thereof.
2    (b) Rates. The tax imposed by subsection (a) of this
3Section shall be determined as follows, except as adjusted by
4subsection (d-1):
5        (1) In the case of an individual, trust or estate, for
6    taxable years ending prior to July 1, 1989, an amount
7    equal to 2 1/2% of the taxpayer's net income for the
8    taxable year.
9        (2) In the case of an individual, trust or estate, for
10    taxable years beginning prior to July 1, 1989 and ending
11    after June 30, 1989, an amount equal to the sum of (i) 2
12    1/2% of the taxpayer's net income for the period prior to
13    July 1, 1989, as calculated under Section 202.3, and (ii)
14    3% of the taxpayer's net income for the period after June
15    30, 1989, as calculated under Section 202.3.
16        (3) In the case of an individual, trust or estate, for
17    taxable years beginning after June 30, 1989, and ending
18    prior to January 1, 2011, an amount equal to 3% of the
19    taxpayer's net income for the taxable year.
20        (4) In the case of an individual, trust, or estate,
21    for taxable years beginning prior to January 1, 2011, and
22    ending after December 31, 2010, an amount equal to the sum
23    of (i) 3% of the taxpayer's net income for the period prior
24    to January 1, 2011, as calculated under Section 202.5, and
25    (ii) 5% of the taxpayer's net income for the period after
26    December 31, 2010, as calculated under Section 202.5.

 

 

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1        (5) In the case of an individual, trust, or estate,
2    for taxable years beginning on or after January 1, 2011,
3    and ending prior to January 1, 2015, an amount equal to 5%
4    of the taxpayer's net income for the taxable year.
5        (5.1) In the case of an individual, trust, or estate,
6    for taxable years beginning prior to January 1, 2015, and
7    ending after December 31, 2014, an amount equal to the sum
8    of (i) 5% of the taxpayer's net income for the period prior
9    to January 1, 2015, as calculated under Section 202.5, and
10    (ii) 3.75% of the taxpayer's net income for the period
11    after December 31, 2014, as calculated under Section
12    202.5.
13        (5.2) In the case of an individual, trust, or estate,
14    for taxable years beginning on or after January 1, 2015,
15    and ending prior to July 1, 2017, an amount equal to 3.75%
16    of the taxpayer's net income for the taxable year.
17        (5.3) In the case of an individual, trust, or estate,
18    for taxable years beginning prior to July 1, 2017, and
19    ending after June 30, 2017, an amount equal to the sum of
20    (i) 3.75% of the taxpayer's net income for the period
21    prior to July 1, 2017, as calculated under Section 202.5,
22    and (ii) 4.95% of the taxpayer's net income for the period
23    after June 30, 2017, as calculated under Section 202.5.
24        (5.4) In the case of an individual, trust, or estate,
25    for taxable years beginning on or after July 1, 2017, an
26    amount equal to 4.95% of the taxpayer's net income for the

 

 

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1    taxable year.
2        (6) In the case of a corporation, for taxable years
3    ending prior to July 1, 1989, an amount equal to 4% of the
4    taxpayer's net income for the taxable year.
5        (7) In the case of a corporation, for taxable years
6    beginning prior to July 1, 1989 and ending after June 30,
7    1989, an amount equal to the sum of (i) 4% of the
8    taxpayer's net income for the period prior to July 1,
9    1989, as calculated under Section 202.3, and (ii) 4.8% of
10    the taxpayer's net income for the period after June 30,
11    1989, as calculated under Section 202.3.
12        (8) In the case of a corporation, for taxable years
13    beginning after June 30, 1989, and ending prior to January
14    1, 2011, an amount equal to 4.8% of the taxpayer's net
15    income for the taxable year.
16        (9) In the case of a corporation, for taxable years
17    beginning prior to January 1, 2011, and ending after
18    December 31, 2010, an amount equal to the sum of (i) 4.8%
19    of the taxpayer's net income for the period prior to
20    January 1, 2011, as calculated under Section 202.5, and
21    (ii) 7% of the taxpayer's net income for the period after
22    December 31, 2010, as calculated under Section 202.5.
23        (10) In the case of a corporation, for taxable years
24    beginning on or after January 1, 2011, and ending prior to
25    January 1, 2015, an amount equal to 7% of the taxpayer's
26    net income for the taxable year.

 

 

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1        (11) In the case of a corporation, for taxable years
2    beginning prior to January 1, 2015, and ending after
3    December 31, 2014, an amount equal to the sum of (i) 7% of
4    the taxpayer's net income for the period prior to January
5    1, 2015, as calculated under Section 202.5, and (ii) 5.25%
6    of the taxpayer's net income for the period after December
7    31, 2014, as calculated under Section 202.5.
8        (12) In the case of a corporation, for taxable years
9    beginning on or after January 1, 2015, and ending prior to
10    July 1, 2017, an amount equal to 5.25% of the taxpayer's
11    net income for the taxable year.
12        (13) In the case of a corporation, for taxable years
13    beginning prior to July 1, 2017, and ending after June 30,
14    2017, an amount equal to the sum of (i) 5.25% of the
15    taxpayer's net income for the period prior to July 1,
16    2017, as calculated under Section 202.5, and (ii) 7% of
17    the taxpayer's net income for the period after June 30,
18    2017, as calculated under Section 202.5.
19        (14) In the case of a corporation, for taxable years
20    beginning on or after July 1, 2017, an amount equal to 7%
21    of the taxpayer's net income for the taxable year.
22    The rates under this subsection (b) are subject to the
23provisions of Section 201.5.
24    (b-5) Surcharge; sale or exchange of assets, properties,
25and intangibles of organization gaming licensees. For each of
26taxable years 2019 through 2027, a surcharge is imposed on all

 

 

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1taxpayers on income arising from the sale or exchange of
2capital assets, depreciable business property, real property
3used in the trade or business, and Section 197 intangibles (i)
4of an organization licensee under the Illinois Horse Racing
5Act of 1975 and (ii) of an organization gaming licensee under
6the Illinois Gambling Act. The amount of the surcharge is
7equal to the amount of federal income tax liability for the
8taxable year attributable to those sales and exchanges. The
9surcharge imposed shall not apply if:
10        (1) the organization gaming license, organization
11    license, or racetrack property is transferred as a result
12    of any of the following:
13            (A) bankruptcy, a receivership, or a debt
14        adjustment initiated by or against the initial
15        licensee or the substantial owners of the initial
16        licensee;
17            (B) cancellation, revocation, or termination of
18        any such license by the Illinois Gaming Board or the
19        Illinois Racing Board;
20            (C) a determination by the Illinois Gaming Board
21        that transfer of the license is in the best interests
22        of Illinois gaming;
23            (D) the death of an owner of the equity interest in
24        a licensee;
25            (E) the acquisition of a controlling interest in
26        the stock or substantially all of the assets of a

 

 

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1        publicly traded company;
2            (F) a transfer by a parent company to a wholly
3        owned subsidiary; or
4            (G) the transfer or sale to or by one person to
5        another person where both persons were initial owners
6        of the license when the license was issued; or
7        (2) the controlling interest in the organization
8    gaming license, organization license, or racetrack
9    property is transferred in a transaction to lineal
10    descendants in which no gain or loss is recognized or as a
11    result of a transaction in accordance with Section 351 of
12    the Internal Revenue Code in which no gain or loss is
13    recognized; or
14        (3) live horse racing was not conducted in 2010 at a
15    racetrack located within 3 miles of the Mississippi River
16    under a license issued pursuant to the Illinois Horse
17    Racing Act of 1975.
18    The transfer of an organization gaming license,
19organization license, or racetrack property by a person other
20than the initial licensee to receive the organization gaming
21license is not subject to a surcharge. The Department shall
22adopt rules necessary to implement and administer this
23subsection.
24    (c) Personal Property Tax Replacement Income Tax.
25Beginning on July 1, 1979 and thereafter, in addition to such
26income tax, there is also hereby imposed the Personal Property

 

 

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1Tax Replacement Income Tax measured by net income on every
2corporation (including Subchapter S corporations), partnership
3and trust, for each taxable year ending after June 30, 1979.
4Such taxes are imposed on the privilege of earning or
5receiving income in or as a resident of this State. The
6Personal Property Tax Replacement Income Tax shall be in
7addition to the income tax imposed by subsections (a) and (b)
8of this Section and in addition to all other occupation or
9privilege taxes imposed by this State or by any municipal
10corporation or political subdivision thereof.
11    (d) Additional Personal Property Tax Replacement Income
12Tax Rates. The personal property tax replacement income tax
13imposed by this subsection and subsection (c) of this Section
14in the case of a corporation, other than a Subchapter S
15corporation and except as adjusted by subsection (d-1), shall
16be an additional amount equal to 2.85% of such taxpayer's net
17income for the taxable year, except that beginning on January
181, 1981, and thereafter, the rate of 2.85% specified in this
19subsection shall be reduced to 2.5%, and in the case of a
20partnership, trust or a Subchapter S corporation shall be an
21additional amount equal to 1.5% of such taxpayer's net income
22for the taxable year.
23    (d-1) Rate reduction for certain foreign insurers. In the
24case of a foreign insurer, as defined by Section 35A-5 of the
25Illinois Insurance Code, whose state or country of domicile
26imposes on insurers domiciled in Illinois a retaliatory tax

 

 

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1(excluding any insurer whose premiums from reinsurance assumed
2are 50% or more of its total insurance premiums as determined
3under paragraph (2) of subsection (b) of Section 304, except
4that for purposes of this determination premiums from
5reinsurance do not include premiums from inter-affiliate
6reinsurance arrangements), beginning with taxable years ending
7on or after December 31, 1999, the sum of the rates of tax
8imposed by subsections (b) and (d) shall be reduced (but not
9increased) to the rate at which the total amount of tax imposed
10under this Act, net of all credits allowed under this Act,
11shall equal (i) the total amount of tax that would be imposed
12on the foreign insurer's net income allocable to Illinois for
13the taxable year by such foreign insurer's state or country of
14domicile if that net income were subject to all income taxes
15and taxes measured by net income imposed by such foreign
16insurer's state or country of domicile, net of all credits
17allowed or (ii) a rate of zero if no such tax is imposed on
18such income by the foreign insurer's state of domicile. For
19the purposes of this subsection (d-1), an inter-affiliate
20includes a mutual insurer under common management.
21        (1) For the purposes of subsection (d-1), in no event
22    shall the sum of the rates of tax imposed by subsections
23    (b) and (d) be reduced below the rate at which the sum of:
24            (A) the total amount of tax imposed on such
25        foreign insurer under this Act for a taxable year, net
26        of all credits allowed under this Act, plus

 

 

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1            (B) the privilege tax imposed by Section 409 of
2        the Illinois Insurance Code, the fire insurance
3        company tax imposed by Section 12 of the Fire
4        Investigation Act, and the fire department taxes
5        imposed under Section 11-10-1 of the Illinois
6        Municipal Code,
7    equals 1.25% for taxable years ending prior to December
8    31, 2003, or 1.75% for taxable years ending on or after
9    December 31, 2003, of the net taxable premiums written for
10    the taxable year, as described by subsection (1) of
11    Section 409 of the Illinois Insurance Code. This paragraph
12    will in no event increase the rates imposed under
13    subsections (b) and (d).
14        (2) Any reduction in the rates of tax imposed by this
15    subsection shall be applied first against the rates
16    imposed by subsection (b) and only after the tax imposed
17    by subsection (a) net of all credits allowed under this
18    Section other than the credit allowed under subsection (i)
19    has been reduced to zero, against the rates imposed by
20    subsection (d).
21    This subsection (d-1) is exempt from the provisions of
22Section 250.
23    (e) Investment credit. A taxpayer shall be allowed a
24credit against the Personal Property Tax Replacement Income
25Tax for investment in qualified property.
26        (1) A taxpayer shall be allowed a credit equal to .5%

 

 

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1    of the basis of qualified property placed in service
2    during the taxable year, provided such property is placed
3    in service on or after July 1, 1984. There shall be allowed
4    an additional credit equal to .5% of the basis of
5    qualified property placed in service during the taxable
6    year, provided such property is placed in service on or
7    after July 1, 1986, and the taxpayer's base employment
8    within Illinois has increased by 1% or more over the
9    preceding year as determined by the taxpayer's employment
10    records filed with the Illinois Department of Employment
11    Security. Taxpayers who are new to Illinois shall be
12    deemed to have met the 1% growth in base employment for the
13    first year in which they file employment records with the
14    Illinois Department of Employment Security. The provisions
15    added to this Section by Public Act 85-1200 (and restored
16    by Public Act 87-895) shall be construed as declaratory of
17    existing law and not as a new enactment. If, in any year,
18    the increase in base employment within Illinois over the
19    preceding year is less than 1%, the additional credit
20    shall be limited to that percentage times a fraction, the
21    numerator of which is .5% and the denominator of which is
22    1%, but shall not exceed .5%. The investment credit shall
23    not be allowed to the extent that it would reduce a
24    taxpayer's liability in any tax year below zero, nor may
25    any credit for qualified property be allowed for any year
26    other than the year in which the property was placed in

 

 

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1    service in Illinois. For tax years ending on or after
2    December 31, 1987, and on or before December 31, 1988, the
3    credit shall be allowed for the tax year in which the
4    property is placed in service, or, if the amount of the
5    credit exceeds the tax liability for that year, whether it
6    exceeds the original liability or the liability as later
7    amended, such excess may be carried forward and applied to
8    the tax liability of the 5 taxable years following the
9    excess credit years if the taxpayer (i) makes investments
10    which cause the creation of a minimum of 2,000 full-time
11    equivalent jobs in Illinois, (ii) is located in an
12    enterprise zone established pursuant to the Illinois
13    Enterprise Zone Act and (iii) is certified by the
14    Department of Commerce and Community Affairs (now
15    Department of Commerce and Economic Opportunity) as
16    complying with the requirements specified in clause (i)
17    and (ii) by July 1, 1986. The Department of Commerce and
18    Community Affairs (now Department of Commerce and Economic
19    Opportunity) shall notify the Department of Revenue of all
20    such certifications immediately. For tax years ending
21    after December 31, 1988, the credit shall be allowed for
22    the tax year in which the property is placed in service,
23    or, if the amount of the credit exceeds the tax liability
24    for that year, whether it exceeds the original liability
25    or the liability as later amended, such excess may be
26    carried forward and applied to the tax liability of the 5

 

 

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1    taxable years following the excess credit years. The
2    credit shall be applied to the earliest year for which
3    there is a liability. If there is credit from more than one
4    tax year that is available to offset a liability, earlier
5    credit shall be applied first.
6        (2) The term "qualified property" means property
7    which:
8            (A) is tangible, whether new or used, including
9        buildings and structural components of buildings and
10        signs that are real property, but not including land
11        or improvements to real property that are not a
12        structural component of a building such as
13        landscaping, sewer lines, local access roads, fencing,
14        parking lots, and other appurtenances;
15            (B) is depreciable pursuant to Section 167 of the
16        Internal Revenue Code, except that "3-year property"
17        as defined in Section 168(c)(2)(A) of that Code is not
18        eligible for the credit provided by this subsection
19        (e);
20            (C) is acquired by purchase as defined in Section
21        179(d) of the Internal Revenue Code;
22            (D) is used in Illinois by a taxpayer who is
23        primarily engaged in manufacturing, or in mining coal
24        or fluorite, or in retailing, or was placed in service
25        on or after July 1, 2006 in a River Edge Redevelopment
26        Zone established pursuant to the River Edge

 

 

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1        Redevelopment Zone Act; and
2            (E) has not previously been used in Illinois in
3        such a manner and by such a person as would qualify for
4        the credit provided by this subsection (e) or
5        subsection (f).
6        (3) For purposes of this subsection (e),
7    "manufacturing" means the material staging and production
8    of tangible personal property by procedures commonly
9    regarded as manufacturing, processing, fabrication, or
10    assembling which changes some existing material into new
11    shapes, new qualities, or new combinations. For purposes
12    of this subsection (e) the term "mining" shall have the
13    same meaning as the term "mining" in Section 613(c) of the
14    Internal Revenue Code. For purposes of this subsection
15    (e), the term "retailing" means the sale of tangible
16    personal property for use or consumption and not for
17    resale, or services rendered in conjunction with the sale
18    of tangible personal property for use or consumption and
19    not for resale. For purposes of this subsection (e),
20    "tangible personal property" has the same meaning as when
21    that term is used in the Retailers' Occupation Tax Act,
22    and, for taxable years ending after December 31, 2008,
23    does not include the generation, transmission, or
24    distribution of electricity.
25        (4) The basis of qualified property shall be the basis
26    used to compute the depreciation deduction for federal

 

 

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1    income tax purposes.
2        (5) If the basis of the property for federal income
3    tax depreciation purposes is increased after it has been
4    placed in service in Illinois by the taxpayer, the amount
5    of such increase shall be deemed property placed in
6    service on the date of such increase in basis.
7        (6) The term "placed in service" shall have the same
8    meaning as under Section 46 of the Internal Revenue Code.
9        (7) If during any taxable year, any property ceases to
10    be qualified property in the hands of the taxpayer within
11    48 months after being placed in service, or the situs of
12    any qualified property is moved outside Illinois within 48
13    months after being placed in service, the Personal
14    Property Tax Replacement Income Tax for such taxable year
15    shall be increased. Such increase shall be determined by
16    (i) recomputing the investment credit which would have
17    been allowed for the year in which credit for such
18    property was originally allowed by eliminating such
19    property from such computation and, (ii) subtracting such
20    recomputed credit from the amount of credit previously
21    allowed. For the purposes of this paragraph (7), a
22    reduction of the basis of qualified property resulting
23    from a redetermination of the purchase price shall be
24    deemed a disposition of qualified property to the extent
25    of such reduction.
26        (8) Unless the investment credit is extended by law,

 

 

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1    the basis of qualified property shall not include costs
2    incurred after December 31, 2018, except for costs
3    incurred pursuant to a binding contract entered into on or
4    before December 31, 2018.
5        (9) Each taxable year ending before December 31, 2000,
6    a partnership may elect to pass through to its partners
7    the credits to which the partnership is entitled under
8    this subsection (e) for the taxable year. A partner may
9    use the credit allocated to him or her under this
10    paragraph only against the tax imposed in subsections (c)
11    and (d) of this Section. If the partnership makes that
12    election, those credits shall be allocated among the
13    partners in the partnership in accordance with the rules
14    set forth in Section 704(b) of the Internal Revenue Code,
15    and the rules promulgated under that Section, and the
16    allocated amount of the credits shall be allowed to the
17    partners for that taxable year. The partnership shall make
18    this election on its Personal Property Tax Replacement
19    Income Tax return for that taxable year. The election to
20    pass through the credits shall be irrevocable.
21        For taxable years ending on or after December 31,
22    2000, a partner that qualifies its partnership for a
23    subtraction under subparagraph (I) of paragraph (2) of
24    subsection (d) of Section 203 or a shareholder that
25    qualifies a Subchapter S corporation for a subtraction
26    under subparagraph (S) of paragraph (2) of subsection (b)

 

 

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1    of Section 203 shall be allowed a credit under this
2    subsection (e) equal to its share of the credit earned
3    under this subsection (e) during the taxable year by the
4    partnership or Subchapter S corporation, determined in
5    accordance with the determination of income and
6    distributive share of income under Sections 702 and 704
7    and Subchapter S of the Internal Revenue Code. This
8    paragraph is exempt from the provisions of Section 250.
9    (f) Investment credit; Enterprise Zone; River Edge
10Redevelopment Zone.
11        (1) A taxpayer shall be allowed a credit against the
12    tax imposed by subsections (a) and (b) of this Section for
13    investment in qualified property which is placed in
14    service in an Enterprise Zone created pursuant to the
15    Illinois Enterprise Zone Act or, for property placed in
16    service on or after July 1, 2006, a River Edge
17    Redevelopment Zone established pursuant to the River Edge
18    Redevelopment Zone Act. For partners, shareholders of
19    Subchapter S corporations, and owners of limited liability
20    companies, if the liability company is treated as a
21    partnership for purposes of federal and State income
22    taxation, for taxable years ending before December 31,
23    2023, there shall be allowed a credit under this
24    subsection (f) to be determined in accordance with the
25    determination of income and distributive share of income
26    under Sections 702 and 704 and Subchapter S of the

 

 

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1    Internal Revenue Code. For taxable years ending on or
2    after December 31, 2023, for partners and shareholders of
3    Subchapter S corporations, the provisions of Section 251
4    shall apply with respect to the credit under this
5    subsection. The credit shall be .5% of the basis for such
6    property. The credit shall be available only in the
7    taxable year in which the property is placed in service in
8    the Enterprise Zone or River Edge Redevelopment Zone and
9    shall not be allowed to the extent that it would reduce a
10    taxpayer's liability for the tax imposed by subsections
11    (a) and (b) of this Section to below zero. For tax years
12    ending on or after December 31, 1985, the credit shall be
13    allowed for the tax year in which the property is placed in
14    service, or, if the amount of the credit exceeds the tax
15    liability for that year, whether it exceeds the original
16    liability or the liability as later amended, such excess
17    may be carried forward and applied to the tax liability of
18    the 5 taxable years following the excess credit year. The
19    credit shall be applied to the earliest year for which
20    there is a liability. If there is credit from more than one
21    tax year that is available to offset a liability, the
22    credit accruing first in time shall be applied first.
23        (2) The term qualified property means property which:
24            (A) is tangible, whether new or used, including
25        buildings and structural components of buildings;
26            (B) is depreciable pursuant to Section 167 of the

 

 

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1        Internal Revenue Code, except that "3-year property"
2        as defined in Section 168(c)(2)(A) of that Code is not
3        eligible for the credit provided by this subsection
4        (f);
5            (C) is acquired by purchase as defined in Section
6        179(d) of the Internal Revenue Code;
7            (D) is used in the Enterprise Zone or River Edge
8        Redevelopment Zone by the taxpayer; and
9            (E) has not been previously used in Illinois in
10        such a manner and by such a person as would qualify for
11        the credit provided by this subsection (f) or
12        subsection (e).
13        (3) The basis of qualified property shall be the basis
14    used to compute the depreciation deduction for federal
15    income tax purposes.
16        (4) If the basis of the property for federal income
17    tax depreciation purposes is increased after it has been
18    placed in service in the Enterprise Zone or River Edge
19    Redevelopment Zone by the taxpayer, the amount of such
20    increase shall be deemed property placed in service on the
21    date of such increase in basis.
22        (5) The term "placed in service" shall have the same
23    meaning as under Section 46 of the Internal Revenue Code.
24        (6) If during any taxable year, any property ceases to
25    be qualified property in the hands of the taxpayer within
26    48 months after being placed in service, or the situs of

 

 

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1    any qualified property is moved outside the Enterprise
2    Zone or River Edge Redevelopment Zone within 48 months
3    after being placed in service, the tax imposed under
4    subsections (a) and (b) of this Section for such taxable
5    year shall be increased. Such increase shall be determined
6    by (i) recomputing the investment credit which would have
7    been allowed for the year in which credit for such
8    property was originally allowed by eliminating such
9    property from such computation, and (ii) subtracting such
10    recomputed credit from the amount of credit previously
11    allowed. For the purposes of this paragraph (6), a
12    reduction of the basis of qualified property resulting
13    from a redetermination of the purchase price shall be
14    deemed a disposition of qualified property to the extent
15    of such reduction.
16        (7) There shall be allowed an additional credit equal
17    to 0.5% of the basis of qualified property placed in
18    service during the taxable year in a River Edge
19    Redevelopment Zone, provided such property is placed in
20    service on or after July 1, 2006, and the taxpayer's base
21    employment within Illinois has increased by 1% or more
22    over the preceding year as determined by the taxpayer's
23    employment records filed with the Illinois Department of
24    Employment Security. Taxpayers who are new to Illinois
25    shall be deemed to have met the 1% growth in base
26    employment for the first year in which they file

 

 

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1    employment records with the Illinois Department of
2    Employment Security. If, in any year, the increase in base
3    employment within Illinois over the preceding year is less
4    than 1%, the additional credit shall be limited to that
5    percentage times a fraction, the numerator of which is
6    0.5% and the denominator of which is 1%, but shall not
7    exceed 0.5%.
8        (8) For taxable years beginning on or after January 1,
9    2021, there shall be allowed an Enterprise Zone
10    construction jobs credit against the taxes imposed under
11    subsections (a) and (b) of this Section as provided in
12    Section 13 of the Illinois Enterprise Zone Act.
13        The credit or credits may not reduce the taxpayer's
14    liability to less than zero. If the amount of the credit or
15    credits exceeds the taxpayer's liability, the excess may
16    be carried forward and applied against the taxpayer's
17    liability in succeeding calendar years in the same manner
18    provided under paragraph (4) of Section 211 of this Act.
19    The credit or credits shall be applied to the earliest
20    year for which there is a tax liability. If there are
21    credits from more than one taxable year that are available
22    to offset a liability, the earlier credit shall be applied
23    first.
24        For partners, shareholders of Subchapter S
25    corporations, and owners of limited liability companies,
26    if the liability company is treated as a partnership for

 

 

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1    the purposes of federal and State income taxation, for
2    taxable years ending before December 31, 2023, there shall
3    be allowed a credit under this Section to be determined in
4    accordance with the determination of income and
5    distributive share of income under Sections 702 and 704
6    and Subchapter S of the Internal Revenue Code. For taxable
7    years ending on or after December 31, 2023, for partners
8    and shareholders of Subchapter S corporations, the
9    provisions of Section 251 shall apply with respect to the
10    credit under this subsection.
11        The total aggregate amount of credits awarded under
12    the Blue Collar Jobs Act (Article 20 of Public Act 101-9)
13    shall not exceed $20,000,000 in any State fiscal year.
14        This paragraph (8) is exempt from the provisions of
15    Section 250.
16    (g) (Blank).
17    (h) Investment credit; High Impact Business.
18        (1) Subject to subsections (b) and (b-5) of Section
19    5.5 of the Illinois Enterprise Zone Act, a taxpayer shall
20    be allowed a credit against the tax imposed by subsections
21    (a) and (b) of this Section for investment in qualified
22    property which is placed in service by a Department of
23    Commerce and Economic Opportunity designated High Impact
24    Business. The credit shall be .5% of the basis for such
25    property. The credit shall not be available (i) until the
26    minimum investments in qualified property set forth in

 

 

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1    subdivision (a)(3)(A) of Section 5.5 of the Illinois
2    Enterprise Zone Act have been satisfied or (ii) until the
3    time authorized in subsection (b-5) of the Illinois
4    Enterprise Zone Act for entities designated as High Impact
5    Businesses under subdivisions (a)(3)(B), (a)(3)(C), and
6    (a)(3)(D) of Section 5.5 of the Illinois Enterprise Zone
7    Act, and shall not be allowed to the extent that it would
8    reduce a taxpayer's liability for the tax imposed by
9    subsections (a) and (b) of this Section to below zero. The
10    credit applicable to such investments shall be taken in
11    the taxable year in which such investments have been
12    completed. The credit for additional investments beyond
13    the minimum investment by a designated high impact
14    business authorized under subdivision (a)(3)(A) of Section
15    5.5 of the Illinois Enterprise Zone Act shall be available
16    only in the taxable year in which the property is placed in
17    service and shall not be allowed to the extent that it
18    would reduce a taxpayer's liability for the tax imposed by
19    subsections (a) and (b) of this Section to below zero. For
20    tax years ending on or after December 31, 1987, the credit
21    shall be allowed for the tax year in which the property is
22    placed in service, or, if the amount of the credit exceeds
23    the tax liability for that year, whether it exceeds the
24    original liability or the liability as later amended, such
25    excess may be carried forward and applied to the tax
26    liability of the 5 taxable years following the excess

 

 

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1    credit year. The credit shall be applied to the earliest
2    year for which there is a liability. If there is credit
3    from more than one tax year that is available to offset a
4    liability, the credit accruing first in time shall be
5    applied first.
6        Changes made in this subdivision (h)(1) by Public Act
7    88-670 restore changes made by Public Act 85-1182 and
8    reflect existing law.
9        (2) The term qualified property means property which:
10            (A) is tangible, whether new or used, including
11        buildings and structural components of buildings;
12            (B) is depreciable pursuant to Section 167 of the
13        Internal Revenue Code, except that "3-year property"
14        as defined in Section 168(c)(2)(A) of that Code is not
15        eligible for the credit provided by this subsection
16        (h);
17            (C) is acquired by purchase as defined in Section
18        179(d) of the Internal Revenue Code; and
19            (D) is not eligible for the Enterprise Zone
20        Investment Credit provided by subsection (f) of this
21        Section.
22        (3) The basis of qualified property shall be the basis
23    used to compute the depreciation deduction for federal
24    income tax purposes.
25        (4) If the basis of the property for federal income
26    tax depreciation purposes is increased after it has been

 

 

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1    placed in service in a federally designated Foreign Trade
2    Zone or Sub-Zone located in Illinois by the taxpayer, the
3    amount of such increase shall be deemed property placed in
4    service on the date of such increase in basis.
5        (5) The term "placed in service" shall have the same
6    meaning as under Section 46 of the Internal Revenue Code.
7        (6) If during any taxable year ending on or before
8    December 31, 1996, any property ceases to be qualified
9    property in the hands of the taxpayer within 48 months
10    after being placed in service, or the situs of any
11    qualified property is moved outside Illinois within 48
12    months after being placed in service, the tax imposed
13    under subsections (a) and (b) of this Section for such
14    taxable year shall be increased. Such increase shall be
15    determined by (i) recomputing the investment credit which
16    would have been allowed for the year in which credit for
17    such property was originally allowed by eliminating such
18    property from such computation, and (ii) subtracting such
19    recomputed credit from the amount of credit previously
20    allowed. For the purposes of this paragraph (6), a
21    reduction of the basis of qualified property resulting
22    from a redetermination of the purchase price shall be
23    deemed a disposition of qualified property to the extent
24    of such reduction.
25        (7) Beginning with tax years ending after December 31,
26    1996, if a taxpayer qualifies for the credit under this

 

 

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1    subsection (h) and thereby is granted a tax abatement and
2    the taxpayer relocates its entire facility in violation of
3    the explicit terms and length of the contract under
4    Section 18-183 of the Property Tax Code, the tax imposed
5    under subsections (a) and (b) of this Section shall be
6    increased for the taxable year in which the taxpayer
7    relocated its facility by an amount equal to the amount of
8    credit received by the taxpayer under this subsection (h).
9    (h-5) High Impact Business construction jobs credit. For
10taxable years beginning on or after January 1, 2021, there
11shall also be allowed a High Impact Business construction jobs
12credit against the tax imposed under subsections (a) and (b)
13of this Section as provided in subsections (i) and (j) of
14Section 5.5 of the Illinois Enterprise Zone Act.
15    The credit or credits may not reduce the taxpayer's
16liability to less than zero. If the amount of the credit or
17credits exceeds the taxpayer's liability, the excess may be
18carried forward and applied against the taxpayer's liability
19in succeeding calendar years in the manner provided under
20paragraph (4) of Section 211 of this Act. The credit or credits
21shall be applied to the earliest year for which there is a tax
22liability. If there are credits from more than one taxable
23year that are available to offset a liability, the earlier
24credit shall be applied first.
25    For partners, shareholders of Subchapter S corporations,
26and owners of limited liability companies, for taxable years

 

 

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1ending before December 31, 2023, if the liability company is
2treated as a partnership for the purposes of federal and State
3income taxation, there shall be allowed a credit under this
4Section to be determined in accordance with the determination
5of income and distributive share of income under Sections 702
6and 704 and Subchapter S of the Internal Revenue Code. For
7taxable years ending on or after December 31, 2023, for
8partners and shareholders of Subchapter S corporations, the
9provisions of Section 251 shall apply with respect to the
10credit under this subsection.
11    The total aggregate amount of credits awarded under the
12Blue Collar Jobs Act (Article 20 of Public Act 101-9) shall not
13exceed $20,000,000 in any State fiscal year.
14    This subsection (h-5) is exempt from the provisions of
15Section 250.
16    (i) Credit for Personal Property Tax Replacement Income
17Tax. For tax years ending prior to December 31, 2003, a credit
18shall be allowed against the tax imposed by subsections (a)
19and (b) of this Section for the tax imposed by subsections (c)
20and (d) of this Section. This credit shall be computed by
21multiplying the tax imposed by subsections (c) and (d) of this
22Section by a fraction, the numerator of which is base income
23allocable to Illinois and the denominator of which is Illinois
24base income, and further multiplying the product by the tax
25rate imposed by subsections (a) and (b) of this Section.
26    Any credit earned on or after December 31, 1986 under this

 

 

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1subsection which is unused in the year the credit is computed
2because it exceeds the tax liability imposed by subsections
3(a) and (b) for that year (whether it exceeds the original
4liability or the liability as later amended) may be carried
5forward and applied to the tax liability imposed by
6subsections (a) and (b) of the 5 taxable years following the
7excess credit year, provided that no credit may be carried
8forward to any year ending on or after December 31, 2003. This
9credit shall be applied first to the earliest year for which
10there is a liability. If there is a credit under this
11subsection from more than one tax year that is available to
12offset a liability the earliest credit arising under this
13subsection shall be applied first.
14    If, during any taxable year ending on or after December
1531, 1986, the tax imposed by subsections (c) and (d) of this
16Section for which a taxpayer has claimed a credit under this
17subsection (i) is reduced, the amount of credit for such tax
18shall also be reduced. Such reduction shall be determined by
19recomputing the credit to take into account the reduced tax
20imposed by subsections (c) and (d). If any portion of the
21reduced amount of credit has been carried to a different
22taxable year, an amended return shall be filed for such
23taxable year to reduce the amount of credit claimed.
24    (j) Training expense credit. Beginning with tax years
25ending on or after December 31, 1986 and prior to December 31,
262003, a taxpayer shall be allowed a credit against the tax

 

 

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1imposed by subsections (a) and (b) under this Section for all
2amounts paid or accrued, on behalf of all persons employed by
3the taxpayer in Illinois or Illinois residents employed
4outside of Illinois by a taxpayer, for educational or
5vocational training in semi-technical or technical fields or
6semi-skilled or skilled fields, which were deducted from gross
7income in the computation of taxable income. The credit
8against the tax imposed by subsections (a) and (b) shall be
91.6% of such training expenses. For partners, shareholders of
10subchapter S corporations, and owners of limited liability
11companies, if the liability company is treated as a
12partnership for purposes of federal and State income taxation,
13for taxable years ending before December 31, 2023, there shall
14be allowed a credit under this subsection (j) to be determined
15in accordance with the determination of income and
16distributive share of income under Sections 702 and 704 and
17subchapter S of the Internal Revenue Code. For taxable years
18ending on or after December 31, 2023, for partners and
19shareholders of Subchapter S corporations, the provisions of
20Section 251 shall apply with respect to the credit under this
21subsection.
22    Any credit allowed under this subsection which is unused
23in the year the credit is earned may be carried forward to each
24of the 5 taxable years following the year for which the credit
25is first computed until it is used. This credit shall be
26applied first to the earliest year for which there is a

 

 

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1liability. If there is a credit under this subsection from
2more than one tax year that is available to offset a liability,
3the earliest credit arising under this subsection shall be
4applied first. No carryforward credit may be claimed in any
5tax year ending on or after December 31, 2003.
6    (k) Research and development credit. For tax years ending
7after July 1, 1990 and prior to December 31, 2003, and
8beginning again for tax years ending on or after December 31,
92004, and ending prior to January 1, 2027, a taxpayer shall be
10allowed a credit against the tax imposed by subsections (a)
11and (b) of this Section for increasing research activities in
12this State. The credit allowed against the tax imposed by
13subsections (a) and (b) shall be equal to 6 1/2% of the
14qualifying expenditures for increasing research activities in
15this State. For partners, shareholders of subchapter S
16corporations, and owners of limited liability companies, if
17the liability company is treated as a partnership for purposes
18of federal and State income taxation, for taxable years ending
19before December 31, 2023, there shall be allowed a credit
20under this subsection to be determined in accordance with the
21determination of income and distributive share of income under
22Sections 702 and 704 and subchapter S of the Internal Revenue
23Code. For taxable years ending on or after December 31, 2023,
24for partners and shareholders of Subchapter S corporations,
25the provisions of Section 251 shall apply with respect to the
26credit under this subsection.

 

 

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1    For purposes of this subsection, "qualifying expenditures"
2means the qualifying expenditures as defined for the federal
3credit for increasing research activities which would be
4allowable under Section 41 of the Internal Revenue Code and
5which are conducted in this State, "qualifying expenditures
6for increasing research activities in this State" means the
7excess of qualifying expenditures for the taxable year in
8which incurred over qualifying expenditures for the base
9period, "qualifying expenditures for the base period" means
10the average of the qualifying expenditures for each year in
11the base period, and "base period" means the 3 taxable years
12immediately preceding the taxable year for which the
13determination is being made.
14    Any credit in excess of the tax liability for the taxable
15year may be carried forward. A taxpayer may elect to have the
16unused credit shown on its final completed return carried over
17as a credit against the tax liability for the following 5
18taxable years or until it has been fully used, whichever
19occurs first; provided that no credit earned in a tax year
20ending prior to December 31, 2003 may be carried forward to any
21year ending on or after December 31, 2003.
22    If an unused credit is carried forward to a given year from
232 or more earlier years, that credit arising in the earliest
24year will be applied first against the tax liability for the
25given year. If a tax liability for the given year still
26remains, the credit from the next earliest year will then be

 

 

HB4844 Engrossed- 390 -LRB103 39009 AMC 69146 b

1applied, and so on, until all credits have been used or no tax
2liability for the given year remains. Any remaining unused
3credit or credits then will be carried forward to the next
4following year in which a tax liability is incurred, except
5that no credit can be carried forward to a year which is more
6than 5 years after the year in which the expense for which the
7credit is given was incurred.
8    No inference shall be drawn from Public Act 91-644 in
9construing this Section for taxable years beginning before
10January 1, 1999.
11    It is the intent of the General Assembly that the research
12and development credit under this subsection (k) shall apply
13continuously for all tax years ending on or after December 31,
142004 and ending prior to January 1, 2027, including, but not
15limited to, the period beginning on January 1, 2016 and ending
16on July 6, 2017 (the effective date of Public Act 100-22). All
17actions taken in reliance on the continuation of the credit
18under this subsection (k) by any taxpayer are hereby
19validated.
20    (l) Environmental Remediation Tax Credit.
21        (i) For tax years ending after December 31, 1997 and
22    on or before December 31, 2001, a taxpayer shall be
23    allowed a credit against the tax imposed by subsections
24    (a) and (b) of this Section for certain amounts paid for
25    unreimbursed eligible remediation costs, as specified in
26    this subsection. For purposes of this Section,

 

 

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1    "unreimbursed eligible remediation costs" means costs
2    approved by the Illinois Environmental Protection Agency
3    ("Agency") under Section 58.14 of the Environmental
4    Protection Act that were paid in performing environmental
5    remediation at a site for which a No Further Remediation
6    Letter was issued by the Agency and recorded under Section
7    58.10 of the Environmental Protection Act. The credit must
8    be claimed for the taxable year in which Agency approval
9    of the eligible remediation costs is granted. The credit
10    is not available to any taxpayer if the taxpayer or any
11    related party caused or contributed to, in any material
12    respect, a release of regulated substances on, in, or
13    under the site that was identified and addressed by the
14    remedial action pursuant to the Site Remediation Program
15    of the Environmental Protection Act. After the Pollution
16    Control Board rules are adopted pursuant to the Illinois
17    Administrative Procedure Act for the administration and
18    enforcement of Section 58.9 of the Environmental
19    Protection Act, determinations as to credit availability
20    for purposes of this Section shall be made consistent with
21    those rules. For purposes of this Section, "taxpayer"
22    includes a person whose tax attributes the taxpayer has
23    succeeded to under Section 381 of the Internal Revenue
24    Code and "related party" includes the persons disallowed a
25    deduction for losses by paragraphs (b), (c), and (f)(1) of
26    Section 267 of the Internal Revenue Code by virtue of

 

 

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1    being a related taxpayer, as well as any of its partners.
2    The credit allowed against the tax imposed by subsections
3    (a) and (b) shall be equal to 25% of the unreimbursed
4    eligible remediation costs in excess of $100,000 per site,
5    except that the $100,000 threshold shall not apply to any
6    site contained in an enterprise zone as determined by the
7    Department of Commerce and Community Affairs (now
8    Department of Commerce and Economic Opportunity). The
9    total credit allowed shall not exceed $40,000 per year
10    with a maximum total of $150,000 per site. For partners
11    and shareholders of subchapter S corporations, there shall
12    be allowed a credit under this subsection to be determined
13    in accordance with the determination of income and
14    distributive share of income under Sections 702 and 704
15    and subchapter S of the Internal Revenue Code.
16        (ii) A credit allowed under this subsection that is
17    unused in the year the credit is earned may be carried
18    forward to each of the 5 taxable years following the year
19    for which the credit is first earned until it is used. The
20    term "unused credit" does not include any amounts of
21    unreimbursed eligible remediation costs in excess of the
22    maximum credit per site authorized under paragraph (i).
23    This credit shall be applied first to the earliest year
24    for which there is a liability. If there is a credit under
25    this subsection from more than one tax year that is
26    available to offset a liability, the earliest credit

 

 

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1    arising under this subsection shall be applied first. A
2    credit allowed under this subsection may be sold to a
3    buyer as part of a sale of all or part of the remediation
4    site for which the credit was granted. The purchaser of a
5    remediation site and the tax credit shall succeed to the
6    unused credit and remaining carry-forward period of the
7    seller. To perfect the transfer, the assignor shall record
8    the transfer in the chain of title for the site and provide
9    written notice to the Director of the Illinois Department
10    of Revenue of the assignor's intent to sell the
11    remediation site and the amount of the tax credit to be
12    transferred as a portion of the sale. In no event may a
13    credit be transferred to any taxpayer if the taxpayer or a
14    related party would not be eligible under the provisions
15    of subsection (i).
16        (iii) For purposes of this Section, the term "site"
17    shall have the same meaning as under Section 58.2 of the
18    Environmental Protection Act.
19    (m) Education expense credit. Beginning with tax years
20ending after December 31, 1999, a taxpayer who is the
21custodian of one or more qualifying pupils shall be allowed a
22credit against the tax imposed by subsections (a) and (b) of
23this Section for qualified education expenses incurred on
24behalf of the qualifying pupils. The credit shall be equal to
2525% of qualified education expenses, but in no event may the
26total credit under this subsection claimed by a family that is

 

 

HB4844 Engrossed- 394 -LRB103 39009 AMC 69146 b

1the custodian of qualifying pupils exceed (i) $500 for tax
2years ending prior to December 31, 2017, and (ii) $750 for tax
3years ending on or after December 31, 2017. In no event shall a
4credit under this subsection reduce the taxpayer's liability
5under this Act to less than zero. Notwithstanding any other
6provision of law, for taxable years beginning on or after
7January 1, 2017, no taxpayer may claim a credit under this
8subsection (m) if the taxpayer's adjusted gross income for the
9taxable year exceeds (i) $500,000, in the case of spouses
10filing a joint federal tax return or (ii) $250,000, in the case
11of all other taxpayers. This subsection is exempt from the
12provisions of Section 250 of this Act.
13    For purposes of this subsection:
14    "Qualifying pupils" means individuals who (i) are
15residents of the State of Illinois, (ii) are under the age of
1621 at the close of the school year for which a credit is
17sought, and (iii) during the school year for which a credit is
18sought were full-time pupils enrolled in a kindergarten
19through twelfth grade education program at any school, as
20defined in this subsection.
21    "Qualified education expense" means the amount incurred on
22behalf of a qualifying pupil in excess of $250 for tuition,
23book fees, and lab fees at the school in which the pupil is
24enrolled during the regular school year.
25    "School" means any public or nonpublic elementary or
26secondary school in Illinois that is in compliance with Title

 

 

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1VI of the Civil Rights Act of 1964 and attendance at which
2satisfies the requirements of Section 26-1 of the School Code,
3except that nothing shall be construed to require a child to
4attend any particular public or nonpublic school to qualify
5for the credit under this Section.
6    "Custodian" means, with respect to qualifying pupils, an
7Illinois resident who is a parent, the parents, a legal
8guardian, or the legal guardians of the qualifying pupils.
9    (n) River Edge Redevelopment Zone site remediation tax
10credit.
11        (i) For tax years ending on or after December 31,
12    2006, a taxpayer shall be allowed a credit against the tax
13    imposed by subsections (a) and (b) of this Section for
14    certain amounts paid for unreimbursed eligible remediation
15    costs, as specified in this subsection. For purposes of
16    this Section, "unreimbursed eligible remediation costs"
17    means costs approved by the Illinois Environmental
18    Protection Agency ("Agency") under Section 58.14a of the
19    Environmental Protection Act that were paid in performing
20    environmental remediation at a site within a River Edge
21    Redevelopment Zone for which a No Further Remediation
22    Letter was issued by the Agency and recorded under Section
23    58.10 of the Environmental Protection Act. The credit must
24    be claimed for the taxable year in which Agency approval
25    of the eligible remediation costs is granted. The credit
26    is not available to any taxpayer if the taxpayer or any

 

 

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1    related party caused or contributed to, in any material
2    respect, a release of regulated substances on, in, or
3    under the site that was identified and addressed by the
4    remedial action pursuant to the Site Remediation Program
5    of the Environmental Protection Act. Determinations as to
6    credit availability for purposes of this Section shall be
7    made consistent with rules adopted by the Pollution
8    Control Board pursuant to the Illinois Administrative
9    Procedure Act for the administration and enforcement of
10    Section 58.9 of the Environmental Protection Act. For
11    purposes of this Section, "taxpayer" includes a person
12    whose tax attributes the taxpayer has succeeded to under
13    Section 381 of the Internal Revenue Code and "related
14    party" includes the persons disallowed a deduction for
15    losses by paragraphs (b), (c), and (f)(1) of Section 267
16    of the Internal Revenue Code by virtue of being a related
17    taxpayer, as well as any of its partners. The credit
18    allowed against the tax imposed by subsections (a) and (b)
19    shall be equal to 25% of the unreimbursed eligible
20    remediation costs in excess of $100,000 per site.
21        (ii) A credit allowed under this subsection that is
22    unused in the year the credit is earned may be carried
23    forward to each of the 5 taxable years following the year
24    for which the credit is first earned until it is used. This
25    credit shall be applied first to the earliest year for
26    which there is a liability. If there is a credit under this

 

 

HB4844 Engrossed- 397 -LRB103 39009 AMC 69146 b

1    subsection from more than one tax year that is available
2    to offset a liability, the earliest credit arising under
3    this subsection shall be applied first. A credit allowed
4    under this subsection may be sold to a buyer as part of a
5    sale of all or part of the remediation site for which the
6    credit was granted. The purchaser of a remediation site
7    and the tax credit shall succeed to the unused credit and
8    remaining carry-forward period of the seller. To perfect
9    the transfer, the assignor shall record the transfer in
10    the chain of title for the site and provide written notice
11    to the Director of the Illinois Department of Revenue of
12    the assignor's intent to sell the remediation site and the
13    amount of the tax credit to be transferred as a portion of
14    the sale. In no event may a credit be transferred to any
15    taxpayer if the taxpayer or a related party would not be
16    eligible under the provisions of subsection (i).
17        (iii) For purposes of this Section, the term "site"
18    shall have the same meaning as under Section 58.2 of the
19    Environmental Protection Act.
20    (o) For each of taxable years during the Compassionate Use
21of Medical Cannabis Program, a surcharge is imposed on all
22taxpayers on income arising from the sale or exchange of
23capital assets, depreciable business property, real property
24used in the trade or business, and Section 197 intangibles of
25an organization registrant under the Compassionate Use of
26Medical Cannabis Program Act. The amount of the surcharge is

 

 

HB4844 Engrossed- 398 -LRB103 39009 AMC 69146 b

1equal to the amount of federal income tax liability for the
2taxable year attributable to those sales and exchanges. The
3surcharge imposed does not apply if:
4        (1) the medical cannabis cultivation center
5    registration, medical cannabis dispensary registration, or
6    the property of a registration is transferred as a result
7    of any of the following:
8            (A) bankruptcy, a receivership, or a debt
9        adjustment initiated by or against the initial
10        registration or the substantial owners of the initial
11        registration;
12            (B) cancellation, revocation, or termination of
13        any registration by the Illinois Department of Public
14        Health;
15            (C) a determination by the Illinois Department of
16        Public Health that transfer of the registration is in
17        the best interests of Illinois qualifying patients as
18        defined by the Compassionate Use of Medical Cannabis
19        Program Act;
20            (D) the death of an owner of the equity interest in
21        a registrant;
22            (E) the acquisition of a controlling interest in
23        the stock or substantially all of the assets of a
24        publicly traded company;
25            (F) a transfer by a parent company to a wholly
26        owned subsidiary; or

 

 

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1            (G) the transfer or sale to or by one person to
2        another person where both persons were initial owners
3        of the registration when the registration was issued;
4        or
5        (2) the cannabis cultivation center registration,
6    medical cannabis dispensary registration, or the
7    controlling interest in a registrant's property is
8    transferred in a transaction to lineal descendants in
9    which no gain or loss is recognized or as a result of a
10    transaction in accordance with Section 351 of the Internal
11    Revenue Code in which no gain or loss is recognized.
12    (p) Pass-through entity tax.
13        (1) For taxable years ending on or after December 31,
14    2021 and beginning prior to January 1, 2026, a partnership
15    (other than a publicly traded partnership under Section
16    7704 of the Internal Revenue Code) or Subchapter S
17    corporation may elect to apply the provisions of this
18    subsection. A separate election shall be made for each
19    taxable year. Such election shall be made at such time,
20    and in such form and manner as prescribed by the
21    Department, and, once made, is irrevocable.
22        (2) Entity-level tax. A partnership or Subchapter S
23    corporation electing to apply the provisions of this
24    subsection shall be subject to a tax for the privilege of
25    earning or receiving income in this State in an amount
26    equal to 4.95% of the taxpayer's net income for the

 

 

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1    taxable year.
2        (3) Net income defined.
3            (A) In general. For purposes of paragraph (2), the
4        term net income has the same meaning as defined in
5        Section 202 of this Act, except that, for tax years
6        ending on or after December 31, 2023, a deduction
7        shall be allowed in computing base income for
8        distributions to a retired partner to the extent that
9        the partner's distributions are exempt from tax under
10        Section 203(a)(2)(F) of this Act. In addition, the
11        following modifications shall not apply:
12                (i) the standard exemption allowed under
13            Section 204;
14                (ii) the deduction for net losses allowed
15            under Section 207;
16                (iii) in the case of an S corporation, the
17            modification under Section 203(b)(2)(S); and
18                (iv) in the case of a partnership, the
19            modifications under Section 203(d)(2)(H) and
20            Section 203(d)(2)(I).
21            (B) Special rule for tiered partnerships. If a
22        taxpayer making the election under paragraph (1) is a
23        partner of another taxpayer making the election under
24        paragraph (1), net income shall be computed as
25        provided in subparagraph (A), except that the taxpayer
26        shall subtract its distributive share of the net

 

 

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1        income of the electing partnership (including its
2        distributive share of the net income of the electing
3        partnership derived as a distributive share from
4        electing partnerships in which it is a partner).
5        (4) Credit for entity level tax. Each partner or
6    shareholder of a taxpayer making the election under this
7    Section shall be allowed a credit against the tax imposed
8    under subsections (a) and (b) of Section 201 of this Act
9    for the taxable year of the partnership or Subchapter S
10    corporation for which an election is in effect ending
11    within or with the taxable year of the partner or
12    shareholder in an amount equal to 4.95% times the partner
13    or shareholder's distributive share of the net income of
14    the electing partnership or Subchapter S corporation, but
15    not to exceed the partner's or shareholder's share of the
16    tax imposed under paragraph (1) which is actually paid by
17    the partnership or Subchapter S corporation. If the
18    taxpayer is a partnership or Subchapter S corporation that
19    is itself a partner of a partnership making the election
20    under paragraph (1), the credit under this paragraph shall
21    be allowed to the taxpayer's partners or shareholders (or
22    if the partner is a partnership or Subchapter S
23    corporation then its partners or shareholders) in
24    accordance with the determination of income and
25    distributive share of income under Sections 702 and 704
26    and Subchapter S of the Internal Revenue Code. If the

 

 

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1    amount of the credit allowed under this paragraph exceeds
2    the partner's or shareholder's liability for tax imposed
3    under subsections (a) and (b) of Section 201 of this Act
4    for the taxable year, such excess shall be treated as an
5    overpayment for purposes of Section 909 of this Act.
6        (5) Nonresidents. A nonresident individual who is a
7    partner or shareholder of a partnership or Subchapter S
8    corporation for a taxable year for which an election is in
9    effect under paragraph (1) shall not be required to file
10    an income tax return under this Act for such taxable year
11    if the only source of net income of the individual (or the
12    individual and the individual's spouse in the case of a
13    joint return) is from an entity making the election under
14    paragraph (1) and the credit allowed to the partner or
15    shareholder under paragraph (4) equals or exceeds the
16    individual's liability for the tax imposed under
17    subsections (a) and (b) of Section 201 of this Act for the
18    taxable year.
19        (6) Liability for tax. Except as provided in this
20    paragraph, a partnership or Subchapter S making the
21    election under paragraph (1) is liable for the
22    entity-level tax imposed under paragraph (2). If the
23    electing partnership or corporation fails to pay the full
24    amount of tax deemed assessed under paragraph (2), the
25    partners or shareholders shall be liable to pay the tax
26    assessed (including penalties and interest). Each partner

 

 

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1    or shareholder shall be liable for the unpaid assessment
2    based on the ratio of the partner's or shareholder's share
3    of the net income of the partnership over the total net
4    income of the partnership. If the partnership or
5    Subchapter S corporation fails to pay the tax assessed
6    (including penalties and interest) and thereafter an
7    amount of such tax is paid by the partners or
8    shareholders, such amount shall not be collected from the
9    partnership or corporation.
10        (7) Foreign tax. For purposes of the credit allowed
11    under Section 601(b)(3) of this Act, tax paid by a
12    partnership or Subchapter S corporation to another state
13    which, as determined by the Department, is substantially
14    similar to the tax imposed under this subsection, shall be
15    considered tax paid by the partner or shareholder to the
16    extent that the partner's or shareholder's share of the
17    income of the partnership or Subchapter S corporation
18    allocated and apportioned to such other state bears to the
19    total income of the partnership or Subchapter S
20    corporation allocated or apportioned to such other state.
21        (8) Suspension of withholding. The provisions of
22    Section 709.5 of this Act shall not apply to a partnership
23    or Subchapter S corporation for the taxable year for which
24    an election under paragraph (1) is in effect.
25        (9) Requirement to pay estimated tax. For each taxable
26    year for which an election under paragraph (1) is in

 

 

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1    effect, a partnership or Subchapter S corporation is
2    required to pay estimated tax for such taxable year under
3    Sections 803 and 804 of this Act if the amount payable as
4    estimated tax can reasonably be expected to exceed $500.
5        (10) The provisions of this subsection shall apply
6    only with respect to taxable years for which the
7    limitation on individual deductions applies under Section
8    164(b)(6) of the Internal Revenue Code.
9(Source: P.A. 102-558, eff. 8-20-21; 102-658, eff. 8-27-21;
10103-9, eff. 6-7-23; 103-396, eff. 1-1-24; revised 12-12-23.)
 
11    (35 ILCS 5/203)
12    Sec. 203. Base income defined.
13    (a) Individuals.
14        (1) In general. In the case of an individual, base
15    income means an amount equal to the taxpayer's adjusted
16    gross income for the taxable year as modified by paragraph
17    (2).
18        (2) Modifications. The adjusted gross income referred
19    to in paragraph (1) shall be modified by adding thereto
20    the sum of the following amounts:
21            (A) An amount equal to all amounts paid or accrued
22        to the taxpayer as interest or dividends during the
23        taxable year to the extent excluded from gross income
24        in the computation of adjusted gross income, except
25        stock dividends of qualified public utilities

 

 

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1        described in Section 305(e) of the Internal Revenue
2        Code;
3            (B) An amount equal to the amount of tax imposed by
4        this Act to the extent deducted from gross income in
5        the computation of adjusted gross income for the
6        taxable year;
7            (C) An amount equal to the amount received during
8        the taxable year as a recovery or refund of real
9        property taxes paid with respect to the taxpayer's
10        principal residence under the Revenue Act of 1939 and
11        for which a deduction was previously taken under
12        subparagraph (L) of this paragraph (2) prior to July
13        1, 1991, the retrospective application date of Article
14        4 of Public Act 87-17. In the case of multi-unit or
15        multi-use structures and farm dwellings, the taxes on
16        the taxpayer's principal residence shall be that
17        portion of the total taxes for the entire property
18        which is attributable to such principal residence;
19            (D) An amount equal to the amount of the capital
20        gain deduction allowable under the Internal Revenue
21        Code, to the extent deducted from gross income in the
22        computation of adjusted gross income;
23            (D-5) An amount, to the extent not included in
24        adjusted gross income, equal to the amount of money
25        withdrawn by the taxpayer in the taxable year from a
26        medical care savings account and the interest earned

 

 

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1        on the account in the taxable year of a withdrawal
2        pursuant to subsection (b) of Section 20 of the
3        Medical Care Savings Account Act or subsection (b) of
4        Section 20 of the Medical Care Savings Account Act of
5        2000;
6            (D-10) For taxable years ending after December 31,
7        1997, an amount equal to any eligible remediation
8        costs that the individual deducted in computing
9        adjusted gross income and for which the individual
10        claims a credit under subsection (l) of Section 201;
11            (D-15) For taxable years 2001 and thereafter, an
12        amount equal to the bonus depreciation deduction taken
13        on the taxpayer's federal income tax return for the
14        taxable year under subsection (k) of Section 168 of
15        the Internal Revenue Code;
16            (D-16) If the taxpayer sells, transfers, abandons,
17        or otherwise disposes of property for which the
18        taxpayer was required in any taxable year to make an
19        addition modification under subparagraph (D-15), then
20        an amount equal to the aggregate amount of the
21        deductions taken in all taxable years under
22        subparagraph (Z) with respect to that property.
23            If the taxpayer continues to own property through
24        the last day of the last tax year for which a
25        subtraction is allowed with respect to that property
26        under subparagraph (Z) and for which the taxpayer was

 

 

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

 

 

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

 

 

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

 

 

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1            (D-18) An amount equal to the amount of intangible
2        expenses and costs otherwise allowed as a deduction in
3        computing base income, and that were paid, accrued, or
4        incurred, directly or indirectly, (i) for taxable
5        years ending on or after December 31, 2004, to a
6        foreign person who would be a member of the same
7        unitary business group but for the fact that the
8        foreign person's business activity outside the United
9        States is 80% or more of that person's total business
10        activity and (ii) for taxable years ending on or after
11        December 31, 2008, to a person who would be a member of
12        the same unitary business group but for the fact that
13        the person is prohibited under Section 1501(a)(27)
14        from being included in the unitary business group
15        because he or she is ordinarily required to apportion
16        business income under different subsections of Section
17        304. The addition modification required by this
18        subparagraph shall be reduced to the extent that
19        dividends were included in base income of the unitary
20        group for the same taxable year and received by the
21        taxpayer or by a member of the taxpayer's unitary
22        business group (including amounts included in gross
23        income under Sections 951 through 964 of the Internal
24        Revenue Code and amounts included in gross income
25        under Section 78 of the Internal Revenue Code) with
26        respect to the stock of the same person to whom the

 

 

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

 

 

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1            with respect to such item; or
2                (ii) any item of intangible expense or cost
3            paid, accrued, or incurred, directly or
4            indirectly, if the taxpayer can establish, based
5            on a preponderance of the evidence, both of the
6            following:
7                    (a) the person during the same taxable
8                year paid, accrued, or incurred, the
9                intangible expense or cost to a person that is
10                not a related member, and
11                    (b) the transaction giving rise to the
12                intangible expense or cost between the
13                taxpayer and the person did not have as a
14                principal purpose the avoidance of Illinois
15                income tax, and is paid pursuant to a contract
16                or agreement that reflects arm's-length terms;
17                or
18                (iii) any item of intangible expense or cost
19            paid, accrued, or incurred, directly or
20            indirectly, from a transaction with a person if
21            the taxpayer establishes by clear and convincing
22            evidence, that the adjustments are unreasonable;
23            or if the taxpayer and the Director agree in
24            writing to the application or use of an
25            alternative method of apportionment under Section
26            304(f);

 

 

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

 

 

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1        Sections 951 through 964 of the Internal Revenue Code
2        and amounts included in gross income under Section 78
3        of the Internal Revenue Code) with respect to the
4        stock of the same person to whom the premiums and costs
5        were directly or indirectly paid, incurred, or
6        accrued. The preceding sentence does not apply to the
7        extent that the same dividends caused a reduction to
8        the addition modification required under Section
9        203(a)(2)(D-17) or Section 203(a)(2)(D-18) of this
10        Act;
11            (D-20) For taxable years beginning on or after
12        January 1, 2002 and ending on or before December 31,
13        2006, in the case of a distribution from a qualified
14        tuition program under Section 529 of the Internal
15        Revenue Code, other than (i) a distribution from a
16        College Savings Pool created under Section 16.5 of the
17        State Treasurer Act or (ii) a distribution from the
18        Illinois Prepaid Tuition Trust Fund, an amount equal
19        to the amount excluded from gross income under Section
20        529(c)(3)(B). For taxable years beginning on or after
21        January 1, 2007, in the case of a distribution from a
22        qualified tuition program under Section 529 of the
23        Internal Revenue Code, other than (i) a distribution
24        from a College Savings Pool created under Section 16.5
25        of the State Treasurer Act, (ii) a distribution from
26        the Illinois Prepaid Tuition Trust Fund, or (iii) a

 

 

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1        distribution from a qualified tuition program under
2        Section 529 of the Internal Revenue Code that (I)
3        adopts and determines that its offering materials
4        comply with the College Savings Plans Network's
5        disclosure principles and (II) has made reasonable
6        efforts to inform in-state residents of the existence
7        of in-state qualified tuition programs by informing
8        Illinois residents directly and, where applicable, to
9        inform financial intermediaries distributing the
10        program to inform in-state residents of the existence
11        of in-state qualified tuition programs at least
12        annually, an amount equal to the amount excluded from
13        gross income under Section 529(c)(3)(B).
14            For the purposes of this subparagraph (D-20), a
15        qualified tuition program has made reasonable efforts
16        if it makes disclosures (which may use the term
17        "in-state program" or "in-state plan" and need not
18        specifically refer to Illinois or its qualified
19        programs by name) (i) directly to prospective
20        participants in its offering materials or makes a
21        public disclosure, such as a website posting; and (ii)
22        where applicable, to intermediaries selling the
23        out-of-state program in the same manner that the
24        out-of-state program distributes its offering
25        materials;
26            (D-20.5) For taxable years beginning on or after

 

 

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1        January 1, 2018, in the case of a distribution from a
2        qualified ABLE program under Section 529A of the
3        Internal Revenue Code, other than a distribution from
4        a qualified ABLE program created under Section 16.6 of
5        the State Treasurer Act, an amount equal to the amount
6        excluded from gross income under Section 529A(c)(1)(B)
7        of the Internal Revenue Code;
8            (D-21) For taxable years beginning on or after
9        January 1, 2007, in the case of transfer of moneys from
10        a qualified tuition program under Section 529 of the
11        Internal Revenue Code that is administered by the
12        State to an out-of-state program, an amount equal to
13        the amount of moneys previously deducted from base
14        income under subsection (a)(2)(Y) of this Section;
15            (D-21.5) For taxable years beginning on or after
16        January 1, 2018, in the case of the transfer of moneys
17        from a qualified tuition program under Section 529 or
18        a qualified ABLE program under Section 529A of the
19        Internal Revenue Code that is administered by this
20        State to an ABLE account established under an
21        out-of-state ABLE account program, an amount equal to
22        the contribution component of the transferred amount
23        that was previously deducted from base income under
24        subsection (a)(2)(Y) or subsection (a)(2)(HH) of this
25        Section;
26            (D-22) For taxable years beginning on or after

 

 

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1        January 1, 2009, and prior to January 1, 2018, in the
2        case of a nonqualified withdrawal or refund of moneys
3        from a qualified tuition program under Section 529 of
4        the Internal Revenue Code administered by the State
5        that is not used for qualified expenses at an eligible
6        education institution, an amount equal to the
7        contribution component of the nonqualified withdrawal
8        or refund that was previously deducted from base
9        income under subsection (a)(2)(y) of this Section,
10        provided that the withdrawal or refund did not result
11        from the beneficiary's death or disability. For
12        taxable years beginning on or after January 1, 2018:
13        (1) in the case of a nonqualified withdrawal or
14        refund, as defined under Section 16.5 of the State
15        Treasurer Act, of moneys from a qualified tuition
16        program under Section 529 of the Internal Revenue Code
17        administered by the State, an amount equal to the
18        contribution component of the nonqualified withdrawal
19        or refund that was previously deducted from base
20        income under subsection (a)(2)(Y) of this Section, and
21        (2) in the case of a nonqualified withdrawal or refund
22        from a qualified ABLE program under Section 529A of
23        the Internal Revenue Code administered by the State
24        that is not used for qualified disability expenses, an
25        amount equal to the contribution component of the
26        nonqualified withdrawal or refund that was previously

 

 

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1        deducted from base income under subsection (a)(2)(HH)
2        of this Section;
3            (D-23) An amount equal to the credit allowable to
4        the taxpayer under Section 218(a) of this Act,
5        determined without regard to Section 218(c) of this
6        Act;
7            (D-24) For taxable years ending on or after
8        December 31, 2017, an amount equal to the deduction
9        allowed under Section 199 of the Internal Revenue Code
10        for the taxable year;
11            (D-25) In the case of a resident, an amount equal
12        to the amount of tax for which a credit is allowed
13        pursuant to Section 201(p)(7) of this Act;
14    and by deducting from the total so obtained the sum of the
15    following amounts:
16            (E) For taxable years ending before December 31,
17        2001, any amount included in such total in respect of
18        any compensation (including but not limited to any
19        compensation paid or accrued to a serviceman while a
20        prisoner of war or missing in action) paid to a
21        resident by reason of being on active duty in the Armed
22        Forces of the United States and in respect of any
23        compensation paid or accrued to a resident who as a
24        governmental employee was a prisoner of war or missing
25        in action, and in respect of any compensation paid to a
26        resident in 1971 or thereafter for annual training

 

 

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1        performed pursuant to Sections 502 and 503, Title 32,
2        United States Code as a member of the Illinois
3        National Guard or, beginning with taxable years ending
4        on or after December 31, 2007, the National Guard of
5        any other state. For taxable years ending on or after
6        December 31, 2001, any amount included in such total
7        in respect of any compensation (including but not
8        limited to any compensation paid or accrued to a
9        serviceman while a prisoner of war or missing in
10        action) paid to a resident by reason of being a member
11        of any component of the Armed Forces of the United
12        States and in respect of any compensation paid or
13        accrued to a resident who as a governmental employee
14        was a prisoner of war or missing in action, and in
15        respect of any compensation paid to a resident in 2001
16        or thereafter by reason of being a member of the
17        Illinois National Guard or, beginning with taxable
18        years ending on or after December 31, 2007, the
19        National Guard of any other state. The provisions of
20        this subparagraph (E) are exempt from the provisions
21        of Section 250;
22            (F) An amount equal to all amounts included in
23        such total pursuant to the provisions of Sections
24        402(a), 402(c), 403(a), 403(b), 406(a), 407(a), and
25        408 of the Internal Revenue Code, or included in such
26        total as distributions under the provisions of any

 

 

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1        retirement or disability plan for employees of any
2        governmental agency or unit, or retirement payments to
3        retired partners, which payments are excluded in
4        computing net earnings from self employment by Section
5        1402 of the Internal Revenue Code and regulations
6        adopted pursuant thereto;
7            (G) The valuation limitation amount;
8            (H) An amount equal to the amount of any tax
9        imposed by this Act which was refunded to the taxpayer
10        and included in such total for the taxable year;
11            (I) An amount equal to all amounts included in
12        such total pursuant to the provisions of Section 111
13        of the Internal Revenue Code as a recovery of items
14        previously deducted from adjusted gross income in the
15        computation of taxable income;
16            (J) An amount equal to those dividends included in
17        such total which were paid by a corporation which
18        conducts business operations in a River Edge
19        Redevelopment Zone or zones created under the River
20        Edge Redevelopment Zone Act, and conducts
21        substantially all of its operations in a River Edge
22        Redevelopment Zone or zones. This subparagraph (J) is
23        exempt from the provisions of Section 250;
24            (K) An amount equal to those dividends included in
25        such total that were paid by a corporation that
26        conducts business operations in a federally designated

 

 

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1        Foreign Trade Zone or Sub-Zone and that is designated
2        a High Impact Business located in Illinois; provided
3        that dividends eligible for the deduction provided in
4        subparagraph (J) of paragraph (2) of this subsection
5        shall not be eligible for the deduction provided under
6        this subparagraph (K);
7            (L) For taxable years ending after December 31,
8        1983, an amount equal to all social security benefits
9        and railroad retirement benefits included in such
10        total pursuant to Sections 72(r) and 86 of the
11        Internal Revenue Code;
12            (M) With the exception of any amounts subtracted
13        under subparagraph (N), an amount equal to the sum of
14        all amounts disallowed as deductions by (i) Sections
15        171(a)(2) and 265(a)(2) of the Internal Revenue Code,
16        and all amounts of expenses allocable to interest and
17        disallowed as deductions by Section 265(a)(1) of the
18        Internal Revenue Code; and (ii) for taxable years
19        ending on or after August 13, 1999, Sections
20        171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the
21        Internal Revenue Code, plus, for taxable years ending
22        on or after December 31, 2011, Section 45G(e)(3) of
23        the Internal Revenue Code and, for taxable years
24        ending on or after December 31, 2008, any amount
25        included in gross income under Section 87 of the
26        Internal Revenue Code; the provisions of this

 

 

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1        subparagraph are exempt from the provisions of Section
2        250;
3            (N) An amount equal to all amounts included in
4        such total which are exempt from taxation by this
5        State either by reason of its statutes or Constitution
6        or by reason of the Constitution, treaties or statutes
7        of the United States; provided that, in the case of any
8        statute of this State that exempts income derived from
9        bonds or other obligations from the tax imposed under
10        this Act, the amount exempted shall be the interest
11        net of bond premium amortization;
12            (O) An amount equal to any contribution made to a
13        job training project established pursuant to the Tax
14        Increment Allocation Redevelopment Act;
15            (P) An amount equal to the amount of the deduction
16        used to compute the federal income tax credit for
17        restoration of substantial amounts held under claim of
18        right for the taxable year pursuant to Section 1341 of
19        the Internal Revenue Code or of any itemized deduction
20        taken from adjusted gross income in the computation of
21        taxable income for restoration of substantial amounts
22        held under claim of right for the taxable year;
23            (Q) An amount equal to any amounts included in
24        such total, received by the taxpayer as an
25        acceleration in the payment of life, endowment or
26        annuity benefits in advance of the time they would

 

 

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1        otherwise be payable as an indemnity for a terminal
2        illness;
3            (R) An amount equal to the amount of any federal or
4        State bonus paid to veterans of the Persian Gulf War;
5            (S) An amount, to the extent included in adjusted
6        gross income, equal to the amount of a contribution
7        made in the taxable year on behalf of the taxpayer to a
8        medical care savings account established under the
9        Medical Care Savings Account Act or the Medical Care
10        Savings Account Act of 2000 to the extent the
11        contribution is accepted by the account administrator
12        as provided in that Act;
13            (T) An amount, to the extent included in adjusted
14        gross income, equal to the amount of interest earned
15        in the taxable year on a medical care savings account
16        established under the Medical Care Savings Account Act
17        or the Medical Care Savings Account Act of 2000 on
18        behalf of the taxpayer, other than interest added
19        pursuant to item (D-5) of this paragraph (2);
20            (U) For one taxable year beginning on or after
21        January 1, 1994, an amount equal to the total amount of
22        tax imposed and paid under subsections (a) and (b) of
23        Section 201 of this Act on grant amounts received by
24        the taxpayer under the Nursing Home Grant Assistance
25        Act during the taxpayer's taxable years 1992 and 1993;
26            (V) Beginning with tax years ending on or after

 

 

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1        December 31, 1995 and ending with tax years ending on
2        or before December 31, 2004, an amount equal to the
3        amount paid by a taxpayer who is a self-employed
4        taxpayer, a partner of a partnership, or a shareholder
5        in a Subchapter S corporation for health insurance or
6        long-term care insurance for that taxpayer or that
7        taxpayer's spouse or dependents, to the extent that
8        the amount paid for that health insurance or long-term
9        care insurance may be deducted under Section 213 of
10        the Internal Revenue Code, has not been deducted on
11        the federal income tax return of the taxpayer, and
12        does not exceed the taxable income attributable to
13        that taxpayer's income, self-employment income, or
14        Subchapter S corporation income; except that no
15        deduction shall be allowed under this item (V) if the
16        taxpayer is eligible to participate in any health
17        insurance or long-term care insurance plan of an
18        employer of the taxpayer or the taxpayer's spouse. The
19        amount of the health insurance and long-term care
20        insurance subtracted under this item (V) shall be
21        determined by multiplying total health insurance and
22        long-term care insurance premiums paid by the taxpayer
23        times a number that represents the fractional
24        percentage of eligible medical expenses under Section
25        213 of the Internal Revenue Code of 1986 not actually
26        deducted on the taxpayer's federal income tax return;

 

 

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1            (W) For taxable years beginning on or after
2        January 1, 1998, all amounts included in the
3        taxpayer's federal gross income in the taxable year
4        from amounts converted from a regular IRA to a Roth
5        IRA. This paragraph is exempt from the provisions of
6        Section 250;
7            (X) For taxable year 1999 and thereafter, an
8        amount equal to the amount of any (i) distributions,
9        to the extent includible in gross income for federal
10        income tax purposes, made to the taxpayer because of
11        his or her status as a victim of persecution for racial
12        or religious reasons by Nazi Germany or any other Axis
13        regime or as an heir of the victim and (ii) items of
14        income, to the extent includible in gross income for
15        federal income tax purposes, attributable to, derived
16        from or in any way related to assets stolen from,
17        hidden from, or otherwise lost to a victim of
18        persecution for racial or religious reasons by Nazi
19        Germany or any other Axis regime immediately prior to,
20        during, and immediately after World War II, including,
21        but not limited to, interest on the proceeds
22        receivable as insurance under policies issued to a
23        victim of persecution for racial or religious reasons
24        by Nazi Germany or any other Axis regime by European
25        insurance companies immediately prior to and during
26        World War II; provided, however, this subtraction from

 

 

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1        federal adjusted gross income does not apply to assets
2        acquired with such assets or with the proceeds from
3        the sale of such assets; provided, further, this
4        paragraph shall only apply to a taxpayer who was the
5        first recipient of such assets after their recovery
6        and who is a victim of persecution for racial or
7        religious reasons by Nazi Germany or any other Axis
8        regime or as an heir of the victim. The amount of and
9        the eligibility for any public assistance, benefit, or
10        similar entitlement is not affected by the inclusion
11        of items (i) and (ii) of this paragraph in gross income
12        for federal income tax purposes. This paragraph is
13        exempt from the provisions of Section 250;
14            (Y) For taxable years beginning on or after
15        January 1, 2002 and ending on or before December 31,
16        2004, moneys contributed in the taxable year to a
17        College Savings Pool account under Section 16.5 of the
18        State Treasurer Act, except that amounts excluded from
19        gross income under Section 529(c)(3)(C)(i) of the
20        Internal Revenue Code shall not be considered moneys
21        contributed under this subparagraph (Y). For taxable
22        years beginning on or after January 1, 2005, a maximum
23        of $10,000 contributed in the taxable year to (i) a
24        College Savings Pool account under Section 16.5 of the
25        State Treasurer Act or (ii) the Illinois Prepaid
26        Tuition Trust Fund, except that amounts excluded from

 

 

HB4844 Engrossed- 427 -LRB103 39009 AMC 69146 b

1        gross income under Section 529(c)(3)(C)(i) of the
2        Internal Revenue Code shall not be considered moneys
3        contributed under this subparagraph (Y). For purposes
4        of this subparagraph, contributions made by an
5        employer on behalf of an employee, or matching
6        contributions made by an employee, shall be treated as
7        made by the employee. This subparagraph (Y) is exempt
8        from the provisions of Section 250;
9            (Z) For taxable years 2001 and thereafter, for the
10        taxable year in which the bonus depreciation deduction
11        is taken on the taxpayer's federal income tax return
12        under subsection (k) of Section 168 of the Internal
13        Revenue Code and for each applicable taxable year
14        thereafter, an amount equal to "x", where:
15                (1) "y" equals the amount of the depreciation
16            deduction taken for the taxable year on the
17            taxpayer's federal income tax return on property
18            for which the bonus depreciation deduction was
19            taken in any year under subsection (k) of Section
20            168 of the Internal Revenue Code, but not
21            including the bonus depreciation deduction;
22                (2) for taxable years ending on or before
23            December 31, 2005, "x" equals "y" multiplied by 30
24            and then divided by 70 (or "y" multiplied by
25            0.429); and
26                (3) for taxable years ending after December

 

 

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

 

 

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

 

 

HB4844 Engrossed- 430 -LRB103 39009 AMC 69146 b

1            This subparagraph (AA) is exempt from the
2        provisions of Section 250;
3            (BB) Any amount included in adjusted gross income,
4        other than salary, received by a driver in a
5        ridesharing arrangement using a motor vehicle;
6            (CC) The amount of (i) any interest income (net of
7        the deductions allocable thereto) taken into account
8        for the taxable year with respect to a transaction
9        with a taxpayer that is required to make an addition
10        modification with respect to such transaction under
11        Section 203(a)(2)(D-17), 203(b)(2)(E-12),
12        203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed
13        the amount of that addition modification, and (ii) any
14        income from intangible property (net of the deductions
15        allocable thereto) taken into account for the taxable
16        year with respect to a transaction with a taxpayer
17        that is required to make an addition modification with
18        respect to such transaction under Section
19        203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or
20        203(d)(2)(D-8), but not to exceed the amount of that
21        addition modification. This subparagraph (CC) is
22        exempt from the provisions of Section 250;
23            (DD) An amount equal to the interest income taken
24        into account for the taxable year (net of the
25        deductions allocable thereto) with respect to
26        transactions with (i) a foreign person who would be a

 

 

HB4844 Engrossed- 431 -LRB103 39009 AMC 69146 b

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

 

 

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1        a person who would be a member of the same unitary
2        business group but for the fact that the person is
3        prohibited under Section 1501(a)(27) from being
4        included in the unitary business group because he or
5        she is ordinarily required to apportion business
6        income under different subsections of Section 304, but
7        not to exceed the addition modification required to be
8        made for the same taxable year under Section
9        203(a)(2)(D-18) for intangible expenses and costs
10        paid, accrued, or incurred, directly or indirectly, to
11        the same foreign person. This subparagraph (EE) is
12        exempt from the provisions of Section 250;
13            (FF) An amount equal to any amount awarded to the
14        taxpayer during the taxable year by the Court of
15        Claims under subsection (c) of Section 8 of the Court
16        of Claims Act for time unjustly served in a State
17        prison. This subparagraph (FF) is exempt from the
18        provisions of Section 250;
19            (GG) For taxable years ending on or after December
20        31, 2011, in the case of a taxpayer who was required to
21        add back any insurance premiums under Section
22        203(a)(2)(D-19), such taxpayer may elect to subtract
23        that part of a reimbursement received from the
24        insurance company equal to the amount of the expense
25        or loss (including expenses incurred by the insurance
26        company) that would have been taken into account as a

 

 

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1        deduction for federal income tax purposes if the
2        expense or loss had been uninsured. If a taxpayer
3        makes the election provided for by this subparagraph
4        (GG), the insurer to which the premiums were paid must
5        add back to income the amount subtracted by the
6        taxpayer pursuant to this subparagraph (GG). This
7        subparagraph (GG) is exempt from the provisions of
8        Section 250;
9            (HH) For taxable years beginning on or after
10        January 1, 2018 and prior to January 1, 2028, a maximum
11        of $10,000 contributed in the taxable year to a
12        qualified ABLE account under Section 16.6 of the State
13        Treasurer Act, except that amounts excluded from gross
14        income under Section 529(c)(3)(C)(i) or Section
15        529A(c)(1)(C) of the Internal Revenue Code shall not
16        be considered moneys contributed under this
17        subparagraph (HH). For purposes of this subparagraph
18        (HH), contributions made by an employer on behalf of
19        an employee, or matching contributions made by an
20        employee, shall be treated as made by the employee;
21            (II) For taxable years that begin on or after
22        January 1, 2021 and begin before January 1, 2026, the
23        amount that is included in the taxpayer's federal
24        adjusted gross income pursuant to Section 61 of the
25        Internal Revenue Code as discharge of indebtedness
26        attributable to student loan forgiveness and that is

 

 

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1        not excluded from the taxpayer's federal adjusted
2        gross income pursuant to paragraph (5) of subsection
3        (f) of Section 108 of the Internal Revenue Code; and
4            (JJ) For taxable years beginning on or after
5        January 1, 2023, for any cannabis establishment
6        operating in this State and licensed under the
7        Cannabis Regulation and Tax Act or any cannabis
8        cultivation center or medical cannabis dispensing
9        organization operating in this State and licensed
10        under the Compassionate Use of Medical Cannabis
11        Program Act, an amount equal to the deductions that
12        were disallowed under Section 280E of the Internal
13        Revenue Code for the taxable year and that would not be
14        added back under this subsection. The provisions of
15        this subparagraph (JJ) are exempt from the provisions
16        of Section 250; and .
17            (KK) (JJ) To the extent includible in gross income
18        for federal income tax purposes, any amount awarded or
19        paid to the taxpayer as a result of a judgment or
20        settlement for fertility fraud as provided in Section
21        15 of the Illinois Fertility Fraud Act, donor
22        fertility fraud as provided in Section 20 of the
23        Illinois Fertility Fraud Act, or similar action in
24        another state.
 
25    (b) Corporations.

 

 

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1        (1) In general. In the case of a corporation, base
2    income means an amount equal to the taxpayer's taxable
3    income for the taxable year as modified by paragraph (2).
4        (2) Modifications. The taxable income referred to in
5    paragraph (1) shall be modified by adding thereto the sum
6    of the following amounts:
7            (A) An amount equal to all amounts paid or accrued
8        to the taxpayer as interest and all distributions
9        received from regulated investment companies during
10        the taxable year to the extent excluded from gross
11        income in the computation of taxable income;
12            (B) An amount equal to the amount of tax imposed by
13        this Act to the extent deducted from gross income in
14        the computation of taxable income for the taxable
15        year;
16            (C) In the case of a regulated investment company,
17        an amount equal to the excess of (i) the net long-term
18        capital gain for the taxable year, over (ii) the
19        amount of the capital gain dividends designated as
20        such in accordance with Section 852(b)(3)(C) of the
21        Internal Revenue Code and any amount designated under
22        Section 852(b)(3)(D) of the Internal Revenue Code,
23        attributable to the taxable year (this amendatory Act
24        of 1995 (Public Act 89-89) is declarative of existing
25        law and is not a new enactment);
26            (D) The amount of any net operating loss deduction

 

 

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

 

 

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1            For taxable years in which there is a net
2        operating loss carryback or carryforward from more
3        than one other taxable year ending prior to December
4        31, 1986, the addition modification provided in this
5        subparagraph (E) shall be the sum of the amounts
6        computed independently under the preceding provisions
7        of this subparagraph (E) for each such taxable year;
8            (E-5) For taxable years ending after December 31,
9        1997, an amount equal to any eligible remediation
10        costs that the corporation deducted in computing
11        adjusted gross income and for which the corporation
12        claims a credit under subsection (l) of Section 201;
13            (E-10) For taxable years 2001 and thereafter, an
14        amount equal to the bonus depreciation deduction taken
15        on the taxpayer's federal income tax return for the
16        taxable year under subsection (k) of Section 168 of
17        the Internal Revenue Code;
18            (E-11) If the taxpayer sells, transfers, abandons,
19        or otherwise disposes of property for which the
20        taxpayer was required in any taxable year to make an
21        addition modification under subparagraph (E-10), then
22        an amount equal to the aggregate amount of the
23        deductions taken in all taxable years under
24        subparagraph (T) with respect to that property.
25            If the taxpayer continues to own property through
26        the last day of the last tax year for which a

 

 

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1        subtraction is allowed with respect to that property
2        under subparagraph (T) and for which the taxpayer was
3        allowed in any taxable year to make a subtraction
4        modification under subparagraph (T), then an amount
5        equal to that subtraction modification.
6            The taxpayer is required to make the addition
7        modification under this subparagraph only once with
8        respect to any one piece of property;
9            (E-12) An amount equal to the amount otherwise
10        allowed as a deduction in computing base income for
11        interest paid, accrued, or incurred, directly or
12        indirectly, (i) for taxable years ending on or after
13        December 31, 2004, to a foreign person who would be a
14        member of the same unitary business group but for the
15        fact the foreign person's business activity outside
16        the United States is 80% or more of the foreign
17        person's total business activity and (ii) for taxable
18        years ending on or after December 31, 2008, to a person
19        who would be a member of the same unitary business
20        group but for the fact that the person is prohibited
21        under Section 1501(a)(27) from being included in the
22        unitary business group because he or she is ordinarily
23        required to apportion business income under different
24        subsections of Section 304. The addition modification
25        required by this subparagraph shall be reduced to the
26        extent that dividends were included in base income of

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        member of the taxpayer's unitary business group
2        (including amounts included in gross income under
3        Sections 951 through 964 of the Internal Revenue Code
4        and amounts included in gross income under Section 78
5        of the Internal Revenue Code) with respect to the
6        stock of the same person to whom the premiums and costs
7        were directly or indirectly paid, incurred, or
8        accrued. The preceding sentence does not apply to the
9        extent that the same dividends caused a reduction to
10        the addition modification required under Section
11        203(b)(2)(E-12) or Section 203(b)(2)(E-13) of this
12        Act;
13            (E-15) For taxable years beginning after December
14        31, 2008, any deduction for dividends paid by a
15        captive real estate investment trust that is allowed
16        to a real estate investment trust under Section
17        857(b)(2)(B) of the Internal Revenue Code for
18        dividends paid;
19            (E-16) An amount equal to the credit allowable to
20        the taxpayer under Section 218(a) of this Act,
21        determined without regard to Section 218(c) of this
22        Act;
23            (E-17) For taxable years ending on or after
24        December 31, 2017, an amount equal to the deduction
25        allowed under Section 199 of the Internal Revenue Code
26        for the taxable year;

 

 

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1            (E-18) for taxable years beginning after December
2        31, 2018, an amount equal to the deduction allowed
3        under Section 250(a)(1)(A) of the Internal Revenue
4        Code for the taxable year;
5            (E-19) for taxable years ending on or after June
6        30, 2021, an amount equal to the deduction allowed
7        under Section 250(a)(1)(B)(i) of the Internal Revenue
8        Code for the taxable year;
9            (E-20) for taxable years ending on or after June
10        30, 2021, an amount equal to the deduction allowed
11        under Sections 243(e) and 245A(a) of the Internal
12        Revenue Code for the taxable year.
13    and by deducting from the total so obtained the sum of the
14    following amounts:
15            (F) An amount equal to the amount of any tax
16        imposed by this Act which was refunded to the taxpayer
17        and included in such total for the taxable year;
18            (G) An amount equal to any amount included in such
19        total under Section 78 of the Internal Revenue Code;
20            (H) In the case of a regulated investment company,
21        an amount equal to the amount of exempt interest
22        dividends as defined in subsection (b)(5) of Section
23        852 of the Internal Revenue Code, paid to shareholders
24        for the taxable year;
25            (I) With the exception of any amounts subtracted
26        under subparagraph (J), an amount equal to the sum of

 

 

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1        all amounts disallowed as deductions by (i) Sections
2        171(a)(2) and 265(a)(2) and amounts disallowed as
3        interest expense by Section 291(a)(3) of the Internal
4        Revenue Code, and all amounts of expenses allocable to
5        interest and disallowed as deductions by Section
6        265(a)(1) of the Internal Revenue Code; and (ii) for
7        taxable years ending on or after August 13, 1999,
8        Sections 171(a)(2), 265, 280C, 291(a)(3), and
9        832(b)(5)(B)(i) of the Internal Revenue Code, plus,
10        for tax years ending on or after December 31, 2011,
11        amounts disallowed as deductions by Section 45G(e)(3)
12        of the Internal Revenue Code and, for taxable years
13        ending on or after December 31, 2008, any amount
14        included in gross income under Section 87 of the
15        Internal Revenue Code and the policyholders' share of
16        tax-exempt interest of a life insurance company under
17        Section 807(a)(2)(B) of the Internal Revenue Code (in
18        the case of a life insurance company with gross income
19        from a decrease in reserves for the tax year) or
20        Section 807(b)(1)(B) of the Internal Revenue Code (in
21        the case of a life insurance company allowed a
22        deduction for an increase in reserves for the tax
23        year); the provisions of this subparagraph are exempt
24        from the provisions of Section 250;
25            (J) An amount equal to all amounts included in
26        such total which are exempt from taxation by this

 

 

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1        State either by reason of its statutes or Constitution
2        or by reason of the Constitution, treaties or statutes
3        of the United States; provided that, in the case of any
4        statute of this State that exempts income derived from
5        bonds or other obligations from the tax imposed under
6        this Act, the amount exempted shall be the interest
7        net of bond premium amortization;
8            (K) An amount equal to those dividends included in
9        such total which were paid by a corporation which
10        conducts business operations in a River Edge
11        Redevelopment Zone or zones created under the River
12        Edge Redevelopment Zone Act and conducts substantially
13        all of its operations in a River Edge Redevelopment
14        Zone or zones. This subparagraph (K) is exempt from
15        the provisions of Section 250;
16            (L) An amount equal to those dividends included in
17        such total that were paid by a corporation that
18        conducts business operations in a federally designated
19        Foreign Trade Zone or Sub-Zone and that is designated
20        a High Impact Business located in Illinois; provided
21        that dividends eligible for the deduction provided in
22        subparagraph (K) of paragraph 2 of this subsection
23        shall not be eligible for the deduction provided under
24        this subparagraph (L);
25            (M) For any taxpayer that is a financial
26        organization within the meaning of Section 304(c) of

 

 

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1        this Act, an amount included in such total as interest
2        income from a loan or loans made by such taxpayer to a
3        borrower, to the extent that such a loan is secured by
4        property which is eligible for the River Edge
5        Redevelopment Zone Investment Credit. To determine the
6        portion of a loan or loans that is secured by property
7        eligible for a Section 201(f) investment credit to the
8        borrower, the entire principal amount of the loan or
9        loans between the taxpayer and the borrower should be
10        divided into the basis of the Section 201(f)
11        investment credit property which secures the loan or
12        loans, using for this purpose the original basis of
13        such property on the date that it was placed in service
14        in the River Edge Redevelopment Zone. The subtraction
15        modification available to the taxpayer in any year
16        under this subsection shall be that portion of the
17        total interest paid by the borrower with respect to
18        such loan attributable to the eligible property as
19        calculated under the previous sentence. This
20        subparagraph (M) is exempt from the provisions of
21        Section 250;
22            (M-1) For any taxpayer that is a financial
23        organization within the meaning of Section 304(c) of
24        this Act, an amount included in such total as interest
25        income from a loan or loans made by such taxpayer to a
26        borrower, to the extent that such a loan is secured by

 

 

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1        property which is eligible for the High Impact
2        Business Investment Credit. To determine the portion
3        of a loan or loans that is secured by property eligible
4        for a Section 201(h) investment credit to the
5        borrower, the entire principal amount of the loan or
6        loans between the taxpayer and the borrower should be
7        divided into the basis of the Section 201(h)
8        investment credit property which secures the loan or
9        loans, using for this purpose the original basis of
10        such property on the date that it was placed in service
11        in a federally designated Foreign Trade Zone or
12        Sub-Zone located in Illinois. No taxpayer that is
13        eligible for the deduction provided in subparagraph
14        (M) of paragraph (2) of this subsection shall be
15        eligible for the deduction provided under this
16        subparagraph (M-1). The subtraction modification
17        available to taxpayers in any year under this
18        subsection shall be that portion of the total interest
19        paid by the borrower with respect to such loan
20        attributable to the eligible property as calculated
21        under the previous sentence;
22            (N) Two times any contribution made during the
23        taxable year to a designated zone organization to the
24        extent that the contribution (i) qualifies as a
25        charitable contribution under subsection (c) of
26        Section 170 of the Internal Revenue Code and (ii)

 

 

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1        must, by its terms, be used for a project approved by
2        the Department of Commerce and Economic Opportunity
3        under Section 11 of the Illinois Enterprise Zone Act
4        or under Section 10-10 of the River Edge Redevelopment
5        Zone Act. This subparagraph (N) is exempt from the
6        provisions of Section 250;
7            (O) An amount equal to: (i) 85% for taxable years
8        ending on or before December 31, 1992, or, a
9        percentage equal to the percentage allowable under
10        Section 243(a)(1) of the Internal Revenue Code of 1986
11        for taxable years ending after December 31, 1992, of
12        the amount by which dividends included in taxable
13        income and received from a corporation that is not
14        created or organized under the laws of the United
15        States or any state or political subdivision thereof,
16        including, for taxable years ending on or after
17        December 31, 1988, dividends received or deemed
18        received or paid or deemed paid under Sections 951
19        through 965 of the Internal Revenue Code, exceed the
20        amount of the modification provided under subparagraph
21        (G) of paragraph (2) of this subsection (b) which is
22        related to such dividends, and including, for taxable
23        years ending on or after December 31, 2008, dividends
24        received from a captive real estate investment trust;
25        plus (ii) 100% of the amount by which dividends,
26        included in taxable income and received, including,

 

 

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1        for taxable years ending on or after December 31,
2        1988, dividends received or deemed received or paid or
3        deemed paid under Sections 951 through 964 of the
4        Internal Revenue Code and including, for taxable years
5        ending on or after December 31, 2008, dividends
6        received from a captive real estate investment trust,
7        from any such corporation specified in clause (i) that
8        would but for the provisions of Section 1504(b)(3) of
9        the Internal Revenue Code be treated as a member of the
10        affiliated group which includes the dividend
11        recipient, exceed the amount of the modification
12        provided under subparagraph (G) of paragraph (2) of
13        this subsection (b) which is related to such
14        dividends. For taxable years ending on or after June
15        30, 2021, (i) for purposes of this subparagraph, the
16        term "dividend" does not include any amount treated as
17        a dividend under Section 1248 of the Internal Revenue
18        Code, and (ii) this subparagraph shall not apply to
19        dividends for which a deduction is allowed under
20        Section 245(a) of the Internal Revenue Code. This
21        subparagraph (O) is exempt from the provisions of
22        Section 250 of this Act;
23            (P) An amount equal to any contribution made to a
24        job training project established pursuant to the Tax
25        Increment Allocation Redevelopment Act;
26            (Q) An amount equal to the amount of the deduction

 

 

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1        used to compute the federal income tax credit for
2        restoration of substantial amounts held under claim of
3        right for the taxable year pursuant to Section 1341 of
4        the Internal Revenue Code;
5            (R) On and after July 20, 1999, in the case of an
6        attorney-in-fact with respect to whom an interinsurer
7        or a reciprocal insurer has made the election under
8        Section 835 of the Internal Revenue Code, 26 U.S.C.
9        835, an amount equal to the excess, if any, of the
10        amounts paid or incurred by that interinsurer or
11        reciprocal insurer in the taxable year to the
12        attorney-in-fact over the deduction allowed to that
13        interinsurer or reciprocal insurer with respect to the
14        attorney-in-fact under Section 835(b) of the Internal
15        Revenue Code for the taxable year; the provisions of
16        this subparagraph are exempt from the provisions of
17        Section 250;
18            (S) For taxable years ending on or after December
19        31, 1997, in the case of a Subchapter S corporation, an
20        amount equal to all amounts of income allocable to a
21        shareholder subject to the Personal Property Tax
22        Replacement Income Tax imposed by subsections (c) and
23        (d) of Section 201 of this Act, including amounts
24        allocable to organizations exempt from federal income
25        tax by reason of Section 501(a) of the Internal
26        Revenue Code. This subparagraph (S) is exempt from the

 

 

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

 

 

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

 

 

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

 

 

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1        Section 203(a)(2)(D-17), 203(b)(2)(E-12),
2        203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed
3        the amount of such addition modification, (ii) any
4        income from intangible property (net of the deductions
5        allocable thereto) taken into account for the taxable
6        year with respect to a transaction with a taxpayer
7        that is required to make an addition modification with
8        respect to such transaction under Section
9        203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or
10        203(d)(2)(D-8), but not to exceed the amount of such
11        addition modification, and (iii) any insurance premium
12        income (net of deductions allocable thereto) taken
13        into account for the taxable year with respect to a
14        transaction with a taxpayer that is required to make
15        an addition modification with respect to such
16        transaction under Section 203(a)(2)(D-19), Section
17        203(b)(2)(E-14), Section 203(c)(2)(G-14), or Section
18        203(d)(2)(D-9), but not to exceed the amount of that
19        addition modification. This subparagraph (V) is exempt
20        from the provisions of Section 250;
21            (W) An amount equal to the interest income taken
22        into account for the taxable year (net of the
23        deductions allocable thereto) with respect to
24        transactions with (i) a foreign person who would be a
25        member of the taxpayer's unitary business group but
26        for the fact that the foreign person's business

 

 

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

 

 

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1        prohibited under Section 1501(a)(27) from being
2        included in the unitary business group because he or
3        she is ordinarily required to apportion business
4        income under different subsections of Section 304, but
5        not to exceed the addition modification required to be
6        made for the same taxable year under Section
7        203(b)(2)(E-13) for intangible expenses and costs
8        paid, accrued, or incurred, directly or indirectly, to
9        the same foreign person. This subparagraph (X) is
10        exempt from the provisions of Section 250;
11            (Y) For taxable years ending on or after December
12        31, 2011, in the case of a taxpayer who was required to
13        add back any insurance premiums under Section
14        203(b)(2)(E-14), such taxpayer may elect to subtract
15        that part of a reimbursement received from the
16        insurance company equal to the amount of the expense
17        or loss (including expenses incurred by the insurance
18        company) that would have been taken into account as a
19        deduction for federal income tax purposes if the
20        expense or loss had been uninsured. If a taxpayer
21        makes the election provided for by this subparagraph
22        (Y), the insurer to which the premiums were paid must
23        add back to income the amount subtracted by the
24        taxpayer pursuant to this subparagraph (Y). This
25        subparagraph (Y) is exempt from the provisions of
26        Section 250;

 

 

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1            (Z) The difference between the nondeductible
2        controlled foreign corporation dividends under Section
3        965(e)(3) of the Internal Revenue Code over the
4        taxable income of the taxpayer, computed without
5        regard to Section 965(e)(2)(A) of the Internal Revenue
6        Code, and without regard to any net operating loss
7        deduction. This subparagraph (Z) is exempt from the
8        provisions of Section 250; and
9            (AA) For taxable years beginning on or after
10        January 1, 2023, for any cannabis establishment
11        operating in this State and licensed under the
12        Cannabis Regulation and Tax Act or any cannabis
13        cultivation center or medical cannabis dispensing
14        organization operating in this State and licensed
15        under the Compassionate Use of Medical Cannabis
16        Program Act, an amount equal to the deductions that
17        were disallowed under Section 280E of the Internal
18        Revenue Code for the taxable year and that would not be
19        added back under this subsection. The provisions of
20        this subparagraph (AA) are exempt from the provisions
21        of Section 250.
22        (3) Special rule. For purposes of paragraph (2)(A),
23    "gross income" in the case of a life insurance company,
24    for tax years ending on and after December 31, 1994, and
25    prior to December 31, 2011, shall mean the gross
26    investment income for the taxable year and, for tax years

 

 

HB4844 Engrossed- 461 -LRB103 39009 AMC 69146 b

1    ending on or after December 31, 2011, shall mean all
2    amounts included in life insurance gross income under
3    Section 803(a)(3) of the Internal Revenue Code.
 
4    (c) Trusts and estates.
5        (1) In general. In the case of a trust or estate, base
6    income means an amount equal to the taxpayer's taxable
7    income for the taxable year as modified by paragraph (2).
8        (2) Modifications. Subject to the provisions of
9    paragraph (3), the taxable income referred to in paragraph
10    (1) shall be modified by adding thereto the sum of the
11    following amounts:
12            (A) An amount equal to all amounts paid or accrued
13        to the taxpayer as interest or dividends during the
14        taxable year to the extent excluded from gross income
15        in the computation of taxable income;
16            (B) In the case of (i) an estate, $600; (ii) a
17        trust which, under its governing instrument, is
18        required to distribute all of its income currently,
19        $300; and (iii) any other trust, $100, but in each such
20        case, only to the extent such amount was deducted in
21        the computation of taxable income;
22            (C) An amount equal to the amount of tax imposed by
23        this Act to the extent deducted from gross income in
24        the computation of taxable income for the taxable
25        year;

 

 

HB4844 Engrossed- 462 -LRB103 39009 AMC 69146 b

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

 

 

HB4844 Engrossed- 463 -LRB103 39009 AMC 69146 b

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

 

 

HB4844 Engrossed- 464 -LRB103 39009 AMC 69146 b

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

 

 

HB4844 Engrossed- 465 -LRB103 39009 AMC 69146 b

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

 

 

HB4844 Engrossed- 466 -LRB103 39009 AMC 69146 b

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

 

 

HB4844 Engrossed- 467 -LRB103 39009 AMC 69146 b

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

 

 

HB4844 Engrossed- 468 -LRB103 39009 AMC 69146 b

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

 

 

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

 

 

HB4844 Engrossed- 470 -LRB103 39009 AMC 69146 b

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

 

 

HB4844 Engrossed- 471 -LRB103 39009 AMC 69146 b

1        as a deduction in computing base income, and that were
2        paid, accrued, or incurred, directly or indirectly, to
3        a person who would be a member of the same unitary
4        business group but for the fact that the person is
5        prohibited under Section 1501(a)(27) from being
6        included in the unitary business group because he or
7        she is ordinarily required to apportion business
8        income under different subsections of Section 304. The
9        addition modification required by this subparagraph
10        shall be reduced to the extent that dividends were
11        included in base income of the unitary group for the
12        same taxable year and received by the taxpayer or by a
13        member of the taxpayer's unitary business group
14        (including amounts included in gross income under
15        Sections 951 through 964 of the Internal Revenue Code
16        and amounts included in gross income under Section 78
17        of the Internal Revenue Code) with respect to the
18        stock of the same person to whom the premiums and costs
19        were directly or indirectly paid, incurred, or
20        accrued. The preceding sentence does not apply to the
21        extent that the same dividends caused a reduction to
22        the addition modification required under Section
23        203(c)(2)(G-12) or Section 203(c)(2)(G-13) of this
24        Act;
25            (G-15) An amount equal to the credit allowable to
26        the taxpayer under Section 218(a) of this Act,

 

 

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1        determined without regard to Section 218(c) of this
2        Act;
3            (G-16) For taxable years ending on or after
4        December 31, 2017, an amount equal to the deduction
5        allowed under Section 199 of the Internal Revenue Code
6        for the taxable year;
7    and by deducting from the total so obtained the sum of the
8    following amounts:
9            (H) An amount equal to all amounts included in
10        such total pursuant to the provisions of Sections
11        402(a), 402(c), 403(a), 403(b), 406(a), 407(a) and 408
12        of the Internal Revenue Code or included in such total
13        as distributions under the provisions of any
14        retirement or disability plan for employees of any
15        governmental agency or unit, or retirement payments to
16        retired partners, which payments are excluded in
17        computing net earnings from self employment by Section
18        1402 of the Internal Revenue Code and regulations
19        adopted pursuant thereto;
20            (I) The valuation limitation amount;
21            (J) An amount equal to the amount of any tax
22        imposed by this Act which was refunded to the taxpayer
23        and included in such total for the taxable year;
24            (K) An amount equal to all amounts included in
25        taxable income as modified by subparagraphs (A), (B),
26        (C), (D), (E), (F) and (G) which are exempt from

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        expense or loss had been uninsured. If a taxpayer
2        makes the election provided for by this subparagraph
3        (Y), the insurer to which the premiums were paid must
4        add back to income the amount subtracted by the
5        taxpayer pursuant to this subparagraph (Y). This
6        subparagraph (Y) is exempt from the provisions of
7        Section 250;
8            (Z) For taxable years beginning after December 31,
9        2018 and before January 1, 2026, the amount of excess
10        business loss of the taxpayer disallowed as a
11        deduction by Section 461(l)(1)(B) of the Internal
12        Revenue Code; and
13            (AA) For taxable years beginning on or after
14        January 1, 2023, for any cannabis establishment
15        operating in this State and licensed under the
16        Cannabis Regulation and Tax Act or any cannabis
17        cultivation center or medical cannabis dispensing
18        organization operating in this State and licensed
19        under the Compassionate Use of Medical Cannabis
20        Program Act, an amount equal to the deductions that
21        were disallowed under Section 280E of the Internal
22        Revenue Code for the taxable year and that would not be
23        added back under this subsection. The provisions of
24        this subparagraph (AA) are exempt from the provisions
25        of Section 250.
26        (3) Limitation. The amount of any modification

 

 

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1    otherwise required under this subsection shall, under
2    regulations prescribed by the Department, be adjusted by
3    any amounts included therein which were properly paid,
4    credited, or required to be distributed, or permanently
5    set aside for charitable purposes pursuant to Internal
6    Revenue Code Section 642(c) during the taxable year.
 
7    (d) Partnerships.
8        (1) In general. In the case of a partnership, base
9    income means an amount equal to the taxpayer's taxable
10    income for the taxable year as modified by paragraph (2).
11        (2) Modifications. The taxable income referred to in
12    paragraph (1) shall be modified by adding thereto the sum
13    of the following amounts:
14            (A) An amount equal to all amounts paid or accrued
15        to the taxpayer as interest or dividends during the
16        taxable year to the extent excluded from gross income
17        in the computation of taxable income;
18            (B) An amount equal to the amount of tax imposed by
19        this Act to the extent deducted from gross income for
20        the taxable year;
21            (C) The amount of deductions allowed to the
22        partnership pursuant to Section 707 (c) of the
23        Internal Revenue Code in calculating its taxable
24        income;
25            (D) An amount equal to the amount of the capital

 

 

HB4844 Engrossed- 484 -LRB103 39009 AMC 69146 b

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

 

 

HB4844 Engrossed- 485 -LRB103 39009 AMC 69146 b

1        allowed as a deduction in computing base income for
2        interest paid, accrued, or incurred, directly or
3        indirectly, (i) for taxable years ending on or after
4        December 31, 2004, to a foreign person who would be a
5        member of the same unitary business group but for the
6        fact the foreign person's business activity outside
7        the United States is 80% or more of the foreign
8        person's total business activity and (ii) for taxable
9        years ending on or after December 31, 2008, to a person
10        who would be a member of the same unitary business
11        group but for the fact that the person is prohibited
12        under Section 1501(a)(27) from being included in the
13        unitary business group because he or she is ordinarily
14        required to apportion business income under different
15        subsections of Section 304. The addition modification
16        required by this subparagraph shall be reduced to the
17        extent that dividends were included in base income of
18        the unitary group for the same taxable year and
19        received by the taxpayer or by a member of the
20        taxpayer's unitary business group (including amounts
21        included in gross income pursuant to Sections 951
22        through 964 of the Internal Revenue Code and amounts
23        included in gross income under Section 78 of the
24        Internal Revenue Code) with respect to the stock of
25        the same person to whom the interest was paid,
26        accrued, or incurred.

 

 

HB4844 Engrossed- 486 -LRB103 39009 AMC 69146 b

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

 

 

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1            and terms and the principal purpose for the
2            payment is not federal or Illinois tax avoidance;
3            or
4                (iv) an item of interest paid, accrued, or
5            incurred, directly or indirectly, to a person if
6            the taxpayer establishes by clear and convincing
7            evidence that the adjustments are unreasonable; or
8            if the taxpayer and the Director agree in writing
9            to the application or use of an alternative method
10            of apportionment under Section 304(f).
11                Nothing in this subsection shall preclude the
12            Director from making any other adjustment
13            otherwise allowed under Section 404 of this Act
14            for any tax year beginning after the effective
15            date of this amendment provided such adjustment is
16            made pursuant to regulation adopted by the
17            Department and such regulations provide methods
18            and standards by which the Department will utilize
19            its authority under Section 404 of this Act; and
20            (D-8) An amount equal to the amount of intangible
21        expenses and costs otherwise allowed as a deduction in
22        computing base income, and that were paid, accrued, or
23        incurred, directly or indirectly, (i) for taxable
24        years ending on or after December 31, 2004, to a
25        foreign person who would be a member of the same
26        unitary business group but for the fact that the

 

 

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1        foreign person's business activity outside the United
2        States is 80% or more of that person's total business
3        activity and (ii) for taxable years ending on or after
4        December 31, 2008, to a person who would be a member of
5        the same unitary business group but for the fact that
6        the person is prohibited under Section 1501(a)(27)
7        from being included in the unitary business group
8        because he or she is ordinarily required to apportion
9        business income under different subsections of Section
10        304. The addition modification required by this
11        subparagraph shall be reduced to the extent that
12        dividends were included in base income of the unitary
13        group for the same taxable year and received by the
14        taxpayer or by a member of the taxpayer's unitary
15        business group (including amounts included in gross
16        income pursuant to Sections 951 through 964 of the
17        Internal Revenue Code and amounts included in gross
18        income under Section 78 of the Internal Revenue Code)
19        with respect to the stock of the same person to whom
20        the intangible expenses and costs were directly or
21        indirectly paid, incurred or accrued. The preceding
22        sentence shall not apply to the extent that the same
23        dividends caused a reduction to the addition
24        modification required under Section 203(d)(2)(D-7) of
25        this Act. As used in this subparagraph, the term
26        "intangible expenses and costs" includes (1) expenses,

 

 

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

 

 

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

 

 

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1            and standards by which the Department will utilize
2            its authority under Section 404 of this Act;
3            (D-9) For taxable years ending on or after
4        December 31, 2008, an amount equal to the amount of
5        insurance premium expenses and costs otherwise allowed
6        as a deduction in computing base income, and that were
7        paid, accrued, or incurred, directly or indirectly, to
8        a person who would be a member of the same unitary
9        business group but for the fact that the person is
10        prohibited under Section 1501(a)(27) from being
11        included in the unitary business group because he or
12        she is ordinarily required to apportion business
13        income under different subsections of Section 304. The
14        addition modification required by this subparagraph
15        shall be reduced to the extent that dividends were
16        included in base income of the unitary group for the
17        same taxable year and received by the taxpayer or by a
18        member of the taxpayer's unitary business group
19        (including amounts included in gross income under
20        Sections 951 through 964 of the Internal Revenue Code
21        and amounts included in gross income under Section 78
22        of the Internal Revenue Code) with respect to the
23        stock of the same person to whom the premiums and costs
24        were directly or indirectly paid, incurred, or
25        accrued. The preceding sentence does not apply to the
26        extent that the same dividends caused a reduction to

 

 

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1        the addition modification required under Section
2        203(d)(2)(D-7) or Section 203(d)(2)(D-8) of this Act;
3            (D-10) An amount equal to the credit allowable to
4        the taxpayer under Section 218(a) of this Act,
5        determined without regard to Section 218(c) of this
6        Act;
7            (D-11) For taxable years ending on or after
8        December 31, 2017, an amount equal to the deduction
9        allowed under Section 199 of the Internal Revenue Code
10        for the taxable year;
11    and by deducting from the total so obtained the following
12    amounts:
13            (E) The valuation limitation amount;
14            (F) An amount equal to the amount of any tax
15        imposed by this Act which was refunded to the taxpayer
16        and included in such total for the taxable year;
17            (G) An amount equal to all amounts included in
18        taxable income as modified by subparagraphs (A), (B),
19        (C) and (D) which are exempt from taxation by this
20        State either by reason of its statutes or Constitution
21        or by reason of the Constitution, treaties or statutes
22        of the United States; provided that, in the case of any
23        statute of this State that exempts income derived from
24        bonds or other obligations from the tax imposed under
25        this Act, the amount exempted shall be the interest
26        net of bond premium amortization;

 

 

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1            (H) Any income of the partnership which
2        constitutes personal service income as defined in
3        Section 1348(b)(1) of the Internal Revenue Code (as in
4        effect December 31, 1981) or a reasonable allowance
5        for compensation paid or accrued for services rendered
6        by partners to the partnership, whichever is greater;
7        this subparagraph (H) is exempt from the provisions of
8        Section 250;
9            (I) An amount equal to all amounts of income
10        distributable to an entity subject to the Personal
11        Property Tax Replacement Income Tax imposed by
12        subsections (c) and (d) of Section 201 of this Act
13        including amounts distributable to organizations
14        exempt from federal income tax by reason of Section
15        501(a) of the Internal Revenue Code; this subparagraph
16        (I) is exempt from the provisions of Section 250;
17            (J) With the exception of any amounts subtracted
18        under subparagraph (G), an amount equal to the sum of
19        all amounts disallowed as deductions by (i) Sections
20        171(a)(2) and 265(a)(2) of the Internal Revenue Code,
21        and all amounts of expenses allocable to interest and
22        disallowed as deductions by Section 265(a)(1) of the
23        Internal Revenue Code; and (ii) for taxable years
24        ending on or after August 13, 1999, Sections
25        171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the
26        Internal Revenue Code, plus, (iii) for taxable years

 

 

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1        ending on or after December 31, 2011, Section
2        45G(e)(3) of the Internal Revenue Code and, for
3        taxable years ending on or after December 31, 2008,
4        any amount included in gross income under Section 87
5        of the Internal Revenue Code; the provisions of this
6        subparagraph are exempt from the provisions of Section
7        250;
8            (K) An amount equal to those dividends included in
9        such total which were paid by a corporation which
10        conducts business operations in a River Edge
11        Redevelopment Zone or zones created under the River
12        Edge Redevelopment Zone Act and conducts substantially
13        all of its operations from a River Edge Redevelopment
14        Zone or zones. This subparagraph (K) is exempt from
15        the provisions of Section 250;
16            (L) An amount equal to any contribution made to a
17        job training project established pursuant to the Real
18        Property Tax Increment Allocation Redevelopment Act;
19            (M) An amount equal to those dividends included in
20        such total that were paid by a corporation that
21        conducts business operations in a federally designated
22        Foreign Trade Zone or Sub-Zone and that is designated
23        a High Impact Business located in Illinois; provided
24        that dividends eligible for the deduction provided in
25        subparagraph (K) of paragraph (2) of this subsection
26        shall not be eligible for the deduction provided under

 

 

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1        this subparagraph (M);
2            (N) An amount equal to the amount of the deduction
3        used to compute the federal income tax credit for
4        restoration of substantial amounts held under claim of
5        right for the taxable year pursuant to Section 1341 of
6        the Internal Revenue Code;
7            (O) For taxable years 2001 and thereafter, for the
8        taxable year in which the bonus depreciation deduction
9        is taken on the taxpayer's federal income tax return
10        under subsection (k) of Section 168 of the Internal
11        Revenue Code and for each applicable taxable year
12        thereafter, an amount equal to "x", where:
13                (1) "y" equals the amount of the depreciation
14            deduction taken for the taxable year on the
15            taxpayer's federal income tax return on property
16            for which the bonus depreciation deduction was
17            taken in any year under subsection (k) of Section
18            168 of the Internal Revenue Code, but not
19            including the bonus depreciation deduction;
20                (2) for taxable years ending on or before
21            December 31, 2005, "x" equals "y" multiplied by 30
22            and then divided by 70 (or "y" multiplied by
23            0.429); and
24                (3) for taxable years ending after December
25            31, 2005:
26                    (i) for property on which a bonus

 

 

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

 

 

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1                (that is, 100(1-bonus%)).
2            The aggregate amount deducted under this
3        subparagraph in all taxable years for any one piece of
4        property may not exceed the amount of the bonus
5        depreciation deduction taken on that property on the
6        taxpayer's federal income tax return under subsection
7        (k) of Section 168 of the Internal Revenue Code. This
8        subparagraph (O) is exempt from the provisions of
9        Section 250;
10            (P) If the taxpayer sells, transfers, abandons, or
11        otherwise disposes of property for which the taxpayer
12        was required in any taxable year to make an addition
13        modification under subparagraph (D-5), then an amount
14        equal to that addition modification.
15            If the taxpayer continues to own property through
16        the last day of the last tax year for which a
17        subtraction is allowed with respect to that property
18        under subparagraph (O) and for which the taxpayer was
19        required in any taxable year to make an addition
20        modification under subparagraph (D-5), then an amount
21        equal to that addition modification.
22            The taxpayer is allowed to take the deduction
23        under this subparagraph only once with respect to any
24        one piece of property.
25            This subparagraph (P) is exempt from the
26        provisions of Section 250;

 

 

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

 

 

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

 

 

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1        not to exceed the addition modification required to be
2        made for the same taxable year under Section
3        203(d)(2)(D-8) for intangible expenses and costs paid,
4        accrued, or incurred, directly or indirectly, to the
5        same person. This subparagraph (S) is exempt from
6        Section 250;
7            (T) For taxable years ending on or after December
8        31, 2011, in the case of a taxpayer who was required to
9        add back any insurance premiums under Section
10        203(d)(2)(D-9), such taxpayer may elect to subtract
11        that part of a reimbursement received from the
12        insurance company equal to the amount of the expense
13        or loss (including expenses incurred by the insurance
14        company) that would have been taken into account as a
15        deduction for federal income tax purposes if the
16        expense or loss had been uninsured. If a taxpayer
17        makes the election provided for by this subparagraph
18        (T), the insurer to which the premiums were paid must
19        add back to income the amount subtracted by the
20        taxpayer pursuant to this subparagraph (T). This
21        subparagraph (T) is exempt from the provisions of
22        Section 250; and
23            (U) For taxable years beginning on or after
24        January 1, 2023, for any cannabis establishment
25        operating in this State and licensed under the
26        Cannabis Regulation and Tax Act or any cannabis

 

 

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1        cultivation center or medical cannabis dispensing
2        organization operating in this State and licensed
3        under the Compassionate Use of Medical Cannabis
4        Program Act, an amount equal to the deductions that
5        were disallowed under Section 280E of the Internal
6        Revenue Code for the taxable year and that would not be
7        added back under this subsection. The provisions of
8        this subparagraph (U) are exempt from the provisions
9        of Section 250.
 
10    (e) Gross income; adjusted gross income; taxable income.
11        (1) In general. Subject to the provisions of paragraph
12    (2) and subsection (b)(3), for purposes of this Section
13    and Section 803(e), a taxpayer's gross income, adjusted
14    gross income, or taxable income for the taxable year shall
15    mean the amount of gross income, adjusted gross income or
16    taxable income properly reportable for federal income tax
17    purposes for the taxable year under the provisions of the
18    Internal Revenue Code. Taxable income may be less than
19    zero. However, for taxable years ending on or after
20    December 31, 1986, net operating loss carryforwards from
21    taxable years ending prior to December 31, 1986, may not
22    exceed the sum of federal taxable income for the taxable
23    year before net operating loss deduction, plus the excess
24    of addition modifications over subtraction modifications
25    for the taxable year. For taxable years ending prior to

 

 

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1    December 31, 1986, taxable income may never be an amount
2    in excess of the net operating loss for the taxable year as
3    defined in subsections (c) and (d) of Section 172 of the
4    Internal Revenue Code, provided that when taxable income
5    of a corporation (other than a Subchapter S corporation),
6    trust, or estate is less than zero and addition
7    modifications, other than those provided by subparagraph
8    (E) of paragraph (2) of subsection (b) for corporations or
9    subparagraph (E) of paragraph (2) of subsection (c) for
10    trusts and estates, exceed subtraction modifications, an
11    addition modification must be made under those
12    subparagraphs for any other taxable year to which the
13    taxable income less than zero (net operating loss) is
14    applied under Section 172 of the Internal Revenue Code or
15    under subparagraph (E) of paragraph (2) of this subsection
16    (e) applied in conjunction with Section 172 of the
17    Internal Revenue Code.
18        (2) Special rule. For purposes of paragraph (1) of
19    this subsection, the taxable income properly reportable
20    for federal income tax purposes shall mean:
21            (A) Certain life insurance companies. In the case
22        of a life insurance company subject to the tax imposed
23        by Section 801 of the Internal Revenue Code, life
24        insurance company taxable income, plus the amount of
25        distribution from pre-1984 policyholder surplus
26        accounts as calculated under Section 815a of the

 

 

HB4844 Engrossed- 503 -LRB103 39009 AMC 69146 b

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

 

 

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

 

 

HB4844 Engrossed- 505 -LRB103 39009 AMC 69146 b

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

 

 

HB4844 Engrossed- 506 -LRB103 39009 AMC 69146 b

1        required by Section 703(a)(1) to be separately stated
2        but which would be taken into account by an individual
3        in calculating his taxable income.
4        (3) Recapture of business expenses on disposition of
5    asset or business. Notwithstanding any other law to the
6    contrary, if in prior years income from an asset or
7    business has been classified as business income and in a
8    later year is demonstrated to be non-business income, then
9    all expenses, without limitation, deducted in such later
10    year and in the 2 immediately preceding taxable years
11    related to that asset or business that generated the
12    non-business income shall be added back and recaptured as
13    business income in the year of the disposition of the
14    asset or business. Such amount shall be apportioned to
15    Illinois using the greater of the apportionment fraction
16    computed for the business under Section 304 of this Act
17    for the taxable year or the average of the apportionment
18    fractions computed for the business under Section 304 of
19    this Act for the taxable year and for the 2 immediately
20    preceding taxable years.
 
21    (f) Valuation limitation amount.
22        (1) In general. The valuation limitation amount
23    referred to in subsections (a)(2)(G), (c)(2)(I) and
24    (d)(2)(E) is an amount equal to:
25            (A) The sum of the pre-August 1, 1969 appreciation

 

 

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1        amounts (to the extent consisting of gain reportable
2        under the provisions of Section 1245 or 1250 of the
3        Internal Revenue Code) for all property in respect of
4        which such gain was reported for the taxable year;
5        plus
6            (B) The lesser of (i) the sum of the pre-August 1,
7        1969 appreciation amounts (to the extent consisting of
8        capital gain) for all property in respect of which
9        such gain was reported for federal income tax purposes
10        for the taxable year, or (ii) the net capital gain for
11        the taxable year, reduced in either case by any amount
12        of such gain included in the amount determined under
13        subsection (a)(2)(F) or (c)(2)(H).
14        (2) Pre-August 1, 1969 appreciation amount.
15            (A) If the fair market value of property referred
16        to in paragraph (1) was readily ascertainable on
17        August 1, 1969, the pre-August 1, 1969 appreciation
18        amount for such property is the lesser of (i) the
19        excess of such fair market value over the taxpayer's
20        basis (for determining gain) for such property on that
21        date (determined under the Internal Revenue Code as in
22        effect on that date), or (ii) the total gain realized
23        and reportable for federal income tax purposes in
24        respect of the sale, exchange or other disposition of
25        such property.
26            (B) If the fair market value of property referred

 

 

HB4844 Engrossed- 508 -LRB103 39009 AMC 69146 b

1        to in paragraph (1) was not readily ascertainable on
2        August 1, 1969, the pre-August 1, 1969 appreciation
3        amount for such property is that amount which bears
4        the same ratio to the total gain reported in respect of
5        the property for federal income tax purposes for the
6        taxable year, as the number of full calendar months in
7        that part of the taxpayer's holding period for the
8        property ending July 31, 1969 bears to the number of
9        full calendar months in the taxpayer's entire holding
10        period for the property.
11            (C) The Department shall prescribe such
12        regulations as may be necessary to carry out the
13        purposes of this paragraph.
 
14    (g) Double deductions. Unless specifically provided
15otherwise, nothing in this Section shall permit the same item
16to be deducted more than once.
 
17    (h) Legislative intention. Except as expressly provided by
18this Section there shall be no modifications or limitations on
19the amounts of income, gain, loss or deduction taken into
20account in determining gross income, adjusted gross income or
21taxable income for federal income tax purposes for the taxable
22year, or in the amount of such items entering into the
23computation of base income and net income under this Act for
24such taxable year, whether in respect of property values as of

 

 

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1August 1, 1969 or otherwise.
2(Source: P.A. 102-16, eff. 6-17-21; 102-558, eff. 8-20-21;
3102-658, eff. 8-27-21; 102-813, eff. 5-13-22; 102-1112, eff.
412-21-22; 103-8, eff. 6-7-23; 103-478, eff. 1-1-24; revised
59-26-23.)
 
6    (35 ILCS 5/228)
7    Sec. 228. Historic preservation credit. For tax years
8beginning on or after January 1, 2019 and ending on or before
9December 31, 2028, a taxpayer who qualifies for a credit under
10the Historic Preservation Tax Credit Act is entitled to a
11credit against the taxes imposed under subsections (a) and (b)
12of Section 201 of this Act as provided in that Act. For taxable
13years ending before December 31, 2023, if the taxpayer is a
14partnership, Subchapter S corporation, or a limited liability
15company, the credit shall be allowed to the partners,
16shareholders, or members in accordance with the determination
17of income and distributive share of income under Sections 702
18and 704 and Subchapter S of the Internal Revenue Code provided
19that credits granted to a partnership, a limited liability
20company taxed as a partnership, or other multiple owners of
21property shall be passed through to the partners, members, or
22owners respectively on a pro rata basis or pursuant to an
23executed agreement among the partners, members, or owners
24documenting any alternate distribution method. For taxable
25years ending on or after December 31, 2023, if the taxpayer is

 

 

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1a partnership or a Subchapter S corporation, then the
2provisions of Section 251 apply. If the amount of any tax
3credit awarded under this Section exceeds the qualified
4taxpayer's income tax liability for the year in which the
5qualified rehabilitation plan was placed in service, the
6excess amount may be carried forward as provided in the
7Historic Preservation Tax Credit Act.
8(Source: P.A. 102-741, eff. 5-6-22; 103-9, eff. 6-7-23;
9103-396, eff. 1-1-24; revised 12-12-23.)
 
10    (35 ILCS 5/237)
11    Sec. 237. REV Illinois Investment Tax credits.
12    (a) For tax years beginning on or after November 16, 2021
13(the effective date of Public Act 102-669) this amendatory Act
14of the 102nd General Assembly, a taxpayer shall be allowed a
15credit against the tax imposed by subsections (a) and (b) of
16Section 201 for investment in qualified property which is
17placed in service at the site of a REV Illinois Project subject
18to an agreement between the taxpayer and the Department of
19Commerce and Economic Opportunity pursuant to the Reimagining
20Energy and Vehicles in Illinois Act. For taxable years ending
21before December 31, 2023, for partners, shareholders of
22Subchapter S corporations, and owners of limited liability
23companies, if the liability company is treated as a
24partnership for purposes of federal and State income taxation,
25there shall be allowed a credit under this Section to be

 

 

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1determined in accordance with the determination of income and
2distributive share of income under Sections 702 and 704 and
3Subchapter S of the Internal Revenue Code. For taxable years
4ending on or after December 31, 2023, partners and
5shareholders of subchapter S corporations are entitled to a
6credit under this Section as provided in Section 251. The
7credit shall be 0.5% of the basis for such property. The credit
8shall be available only in the taxable year in which the
9property is placed in service and shall not be allowed to the
10extent that it would reduce a taxpayer's liability for the tax
11imposed by subsections (a) and (b) of Section 201 to below
12zero. The credit shall be allowed for the tax year in which the
13property is placed in service, or, if the amount of the credit
14exceeds the tax liability for that year, whether it exceeds
15the original liability or the liability as later amended, such
16excess may be carried forward and applied to the tax liability
17of the 5 taxable years following the excess credit year. The
18credit shall be applied to the earliest year for which there is
19a liability. If there is credit from more than one tax year
20that is available to offset a liability, the credit accruing
21first in time shall be applied first.
22    (b) The term qualified property means property which:
23        (1) is tangible, whether new or used, including
24    buildings and structural components of buildings;
25        (2) is depreciable pursuant to Section 167 of the
26    Internal Revenue Code, except that "3-year property" as

 

 

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1    defined in Section 168(c)(2)(A) of that Code is not
2    eligible for the credit provided by this Section;
3        (3) is acquired by purchase as defined in Section
4    179(d) of the Internal Revenue Code;
5        (4) is used at the site of the REV Illinois Project by
6    the taxpayer; and
7        (5) has not been previously used in Illinois in such a
8    manner and by such a person as would qualify for the credit
9    provided by this Section.
10    (c) The basis of qualified property shall be the basis
11used to compute the depreciation deduction for federal income
12tax purposes.
13    (d) If the basis of the property for federal income tax
14depreciation purposes is increased after it has been placed in
15service at the site of the REV Illinois Project by the
16taxpayer, the amount of such increase shall be deemed property
17placed in service on the date of such increase in basis.
18    (e) The term "placed in service" shall have the same
19meaning as under Section 46 of the Internal Revenue Code.
20    (f) If during any taxable year, any property ceases to be
21qualified property in the hands of the taxpayer within 48
22months after being placed in service, or the situs of any
23qualified property is moved from the REV Illinois Project site
24within 48 months after being placed in service, the tax
25imposed under subsections (a) and (b) of Section 201 for such
26taxable year shall be increased. Such increase shall be

 

 

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1determined by (i) recomputing the investment credit which
2would have been allowed for the year in which credit for such
3property was originally allowed by eliminating such property
4from such computation, and (ii) subtracting such recomputed
5credit from the amount of credit previously allowed. For the
6purposes of this subsection (f), a reduction of the basis of
7qualified property resulting from a redetermination of the
8purchase price shall be deemed a disposition of qualified
9property to the extent of such reduction.
10(Source: P.A. 102-669, eff. 11-16-21; 102-1125, eff. 2-3-23;
11103-396, eff. 1-1-24; revised 12-12-23.)
 
12    Section 185. The Manufacturing Illinois Chips for Real
13Opportunity (MICRO) Act is amended by changing Sections 110-30
14and 110-40 as follows:
 
15    (35 ILCS 45/110-30)
16    Sec. 110-30. Tax credit awards.
17    (a) Subject to the conditions set forth in this Act, a
18taxpayer is entitled to a credit against the tax imposed
19pursuant to subsections (a) and (b) of Section 201 of the
20Illinois Income Tax Act for a taxable year beginning on or
21after January 1, 2025 if the taxpayer is awarded a credit by
22the Department in accordance with an agreement under this Act.
23The Department has authority to award credits under this Act
24on and after January 1, 2023.

 

 

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1    (b) A taxpayer may receive a tax credit against the tax
2imposed under subsections (a) and (b) of Section 201 of the
3Illinois Income Tax Act, not to exceed the sum of (i) 75% of
4the incremental income tax attributable to new employees at
5the applicant's project and (ii) 10% of the training costs of
6the new employees. If the project is located in an underserved
7area or an energy transition area, then the amount of the
8credit may not exceed the sum of (i) 100% of the incremental
9income tax attributable to new employees at the applicant's
10project; and (ii) 10% of the training costs of the new
11employees. The percentage of training costs includable in the
12calculation may be increased by an additional 15% for training
13costs associated with new employees that are recent (2 years
14or less) graduates, certificate holders, or credential
15recipients from an institution of higher education in
16Illinois, or, if the training is provided by an institution of
17higher education in Illinois, the Clean Jobs Workforce Network
18Program, or an apprenticeship and training program located in
19Illinois and approved by and registered with the United States
20Department of Labor's Bureau of Apprenticeship and Training.
21An applicant is also eligible for a training credit that shall
22not exceed 10% of the training costs of retained employees for
23the purpose of upskilling to meet the operational needs of the
24applicant or the project. The percentage of training costs
25includable in the calculation shall not exceed a total of 25%.
26If an applicant agrees to hire the required number of new

 

 

HB4844 Engrossed- 515 -LRB103 39009 AMC 69146 b

1employees, then the maximum amount of the credit for that
2applicant may be increased by an amount not to exceed 75% of
3the incremental income tax attributable to retained employees
4at the applicant's project; provided that, in order to receive
5the increase for retained employees, the applicant must, if
6applicable, meet or exceed the statewide baseline. If the
7Project is in an underserved area or an energy transition
8area, the maximum amount of the credit attributable to
9retained employees for the applicant may be increased to an
10amount not to exceed 100% of the incremental income tax
11attributable to retained employees at the applicant's project;
12provided that, in order to receive the increase for retained
13employees, the applicant must meet or exceed the statewide
14baseline. Credits awarded may include credit earned for
15incremental income tax withheld and training costs incurred by
16the taxpayer beginning on or after January 1, 2023. Credits so
17earned and certified by the Department may be applied against
18the tax imposed by subsections (a) and (b) of Section 201 of
19the Illinois Income Tax Act for taxable years beginning on or
20after January 1, 2025.
21    (c) MICRO Construction Jobs Credit. For construction wages
22associated with a project that qualified for a credit under
23subsection (b), the taxpayer may receive a tax credit against
24the tax imposed under subsections (a) and (b) of Section 201 of
25the Illinois Income Tax Act in an amount equal to 50% of the
26incremental income tax attributable to construction wages paid

 

 

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1in connection with construction of the project facilities, as
2a jobs credit for workers hired to construct the project.
3    The MICRO Construction Jobs Credit may not exceed 75% of
4the amount of the incremental income tax attributable to
5construction wages paid in connection with construction of the
6project facilities if the project is in an underserved area or
7an energy transition area.
8    (d) The Department shall certify to the Department of
9Revenue: (1) the identity of taxpayers that are eligible for
10the MICRO Credit and MICRO Construction Jobs Credit; (2) the
11amount of the MICRO Credits and MICRO Construction Jobs
12Credits awarded in each calendar year; and (3) the amount of
13the MICRO Credit and MICRO Construction Jobs Credit claimed in
14each calendar year. MICRO Credits awarded may include credit
15earned for incremental income tax withheld and training costs
16incurred by the taxpayer beginning on or after January 1,
172023. Credits so earned and certified by the Department may be
18applied against the tax imposed by Section 201(a) and (b) of
19the Illinois Income Tax Act for taxable years beginning on or
20after January 1, 2025.
21    (e) Applicants seeking certification for a tax credits
22related to the construction of the project facilities in the
23State shall require the contractor to enter into a project
24labor agreement that conforms with the Project Labor
25Agreements Act.
26    (f) Any applicant issued a certificate for a tax credit or

 

 

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1tax exemption under this Act must annually report to the
2Department the total project tax benefits received. Reports
3are due no later than May 31 of each year and shall cover the
4previous calendar year. The first report is for the 2023
5calendar year and is due no later than May 31, 2023. For
6applicants issued a certificate of exemption under Section
7110-105 of this Act, the report shall be the same as required
8for a High Impact Business under subsection (a-5) of Section
98.1 of the Illinois Enterprise Zone Act. Each person required
10to file a return under the Gas Revenue Tax Act, the Electricity
11Excise Tax Act, or the Telecommunications Excise Tax Act shall
12file a report on customers issued an exemption certificate
13under Section 110-95 of this Act in the same manner and form as
14they are required to report under subsection (b) of Section
158.1 of the Illinois Enterprise Zone Act.
16    (g) Nothing in this Act shall prohibit an award of credit
17to an applicant that uses a PEO if all other award criteria are
18satisfied.
19    (h) With respect to any portion of a credit that is based
20on the incremental income tax attributable to new employees or
21retained employees, in lieu of the credit allowed under this
22Act against the taxes imposed pursuant to subsections (a) and
23(b) of Section 201 of the Illinois Income Tax Act, a taxpayer
24that otherwise meets the criteria set forth in this Section,
25the taxpayer may elect to claim the credit, on or after January
261, 2025, against its obligation to pay over withholding under

 

 

HB4844 Engrossed- 518 -LRB103 39009 AMC 69146 b

1Section 704A of the Illinois Income Tax Act. The election
2shall be made in the manner prescribed by the Department of
3Revenue and once made shall be irrevocable.
4(Source: P.A. 102-700, eff. 4-19-22; 102-1125, eff. 2-3-23;
5revised 4-5-23.)
 
6    (35 ILCS 45/110-40)
7    Sec. 110-40. Amount and duration of the credits;
8limitation to amount of costs of specified items. The
9Department shall determine the amount and duration of the
10credit awarded under this Act, subject to the limitations set
11forth in this Act. For a project that qualified under
12paragraph (1), (2), or (4) of subsection (c) of Section
13110-20, the duration of the credit may not exceed 15 taxable
14years, with an option to renew the agreement for no more than
15one term not to exceed an additional 15 taxable years. For a
16project that qualified under paragraph (3) of subsection (c)
17of Section 110-20, the duration of the credit may not exceed 10
18taxable years, with an option to renew the agreement for no
19more than one term not to exceed an additional 10 taxable
20years. The credit may be stated as a percentage of the
21incremental income tax and training costs attributable to the
22applicant's project and may include a fixed dollar limitation.
23    Nothing in this Section shall prevent the Department, in
24consultation with the Department of Revenue, from adopting
25rules to extend the sunset of any earned, existing, and unused

 

 

HB4844 Engrossed- 519 -LRB103 39009 AMC 69146 b

1tax credit or credits a taxpayer may be in possession of.
2(Source: P.A. 102-700, eff. 4-19-22; 102-1125, eff. 2-3-23;
3revised 4-5-23.)
 
4    Section 190. The Use Tax Act is amended by changing
5Section 3-5 as follows:
 
6    (35 ILCS 105/3-5)
7    Sec. 3-5. Exemptions. Use of the following tangible
8personal property is exempt from the tax imposed by this Act:
9    (1) Personal property purchased from a corporation,
10society, association, foundation, institution, or
11organization, other than a limited liability company, that is
12organized and operated as a not-for-profit service enterprise
13for the benefit of persons 65 years of age or older if the
14personal property was not purchased by the enterprise for the
15purpose of resale by the enterprise.
16    (2) Personal property purchased by a not-for-profit
17Illinois county fair association for use in conducting,
18operating, or promoting the county fair.
19    (3) Personal property purchased by a not-for-profit arts
20or cultural organization that establishes, by proof required
21by the Department by rule, that it has received an exemption
22under Section 501(c)(3) of the Internal Revenue Code and that
23is organized and operated primarily for the presentation or
24support of arts or cultural programming, activities, or

 

 

HB4844 Engrossed- 520 -LRB103 39009 AMC 69146 b

1services. These organizations include, but are not limited to,
2music and dramatic arts organizations such as symphony
3orchestras and theatrical groups, arts and cultural service
4organizations, local arts councils, visual arts organizations,
5and media arts organizations. On and after July 1, 2001 (the
6effective date of Public Act 92-35), however, an entity
7otherwise eligible for this exemption shall not make tax-free
8purchases unless it has an active identification number issued
9by the Department.
10    (4) Except as otherwise provided in this Act, personal
11property purchased by a governmental body, by a corporation,
12society, association, foundation, or institution organized and
13operated exclusively for charitable, religious, or educational
14purposes, or by a not-for-profit corporation, society,
15association, foundation, institution, or organization that has
16no compensated officers or employees and that is organized and
17operated primarily for the recreation of persons 55 years of
18age or older. A limited liability company may qualify for the
19exemption under this paragraph only if the limited liability
20company is organized and operated exclusively for educational
21purposes. On and after July 1, 1987, however, no entity
22otherwise eligible for this exemption shall make tax-free
23purchases unless it has an active exemption identification
24number issued by the Department.
25    (5) Until July 1, 2003, a passenger car that is a
26replacement vehicle to the extent that the purchase price of

 

 

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1the car is subject to the Replacement Vehicle Tax.
2    (6) Until July 1, 2003 and beginning again on September 1,
32004 through August 30, 2014, graphic arts machinery and
4equipment, including repair and replacement parts, both new
5and used, and including that manufactured on special order,
6certified by the purchaser to be used primarily for graphic
7arts production, and including machinery and equipment
8purchased for lease. Equipment includes chemicals or chemicals
9acting as catalysts but only if the chemicals or chemicals
10acting as catalysts effect a direct and immediate change upon
11a graphic arts product. Beginning on July 1, 2017, graphic
12arts machinery and equipment is included in the manufacturing
13and assembling machinery and equipment exemption under
14paragraph (18).
15    (7) Farm chemicals.
16    (8) Legal tender, currency, medallions, or gold or silver
17coinage issued by the State of Illinois, the government of the
18United States of America, or the government of any foreign
19country, and bullion.
20    (9) Personal property purchased from a teacher-sponsored
21student organization affiliated with an elementary or
22secondary school located in Illinois.
23    (10) A motor vehicle that is used for automobile renting,
24as defined in the Automobile Renting Occupation and Use Tax
25Act.
26    (11) Farm machinery and equipment, both new and used,

 

 

HB4844 Engrossed- 522 -LRB103 39009 AMC 69146 b

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

 

 

HB4844 Engrossed- 523 -LRB103 39009 AMC 69146 b

1    Farm machinery and equipment also includes computers,
2sensors, software, and related equipment used primarily in the
3computer-assisted operation of production agriculture
4facilities, equipment, and activities such as, but not limited
5to, the collection, monitoring, and correlation of animal and
6crop data for the purpose of formulating animal diets and
7agricultural chemicals.
8    Beginning on January 1, 2024, farm machinery and equipment
9also includes electrical power generation equipment used
10primarily for production agriculture.
11    This item (11) is exempt from the provisions of Section
123-90.
13    (12) Until June 30, 2013, fuel and petroleum products sold
14to or used by an air common carrier, certified by the carrier
15to be used for consumption, shipment, or storage in the
16conduct of its business as an air common carrier, for a flight
17destined for or returning from a location or locations outside
18the United States without regard to previous or subsequent
19domestic stopovers.
20    Beginning July 1, 2013, fuel and petroleum products sold
21to or used by an air carrier, certified by the carrier to be
22used for consumption, shipment, or storage in the conduct of
23its business as an air common carrier, for a flight that (i) is
24engaged in foreign trade or is engaged in trade between the
25United States and any of its possessions and (ii) transports
26at least one individual or package for hire from the city of

 

 

HB4844 Engrossed- 524 -LRB103 39009 AMC 69146 b

1origination to the city of final destination on the same
2aircraft, without regard to a change in the flight number of
3that aircraft.
4    (13) Proceeds of mandatory service charges separately
5stated on customers' bills for the purchase and consumption of
6food and beverages purchased at retail from a retailer, to the
7extent that the proceeds of the service charge are in fact
8turned over as tips or as a substitute for tips to the
9employees who participate directly in preparing, serving,
10hosting or cleaning up the food or beverage function with
11respect to which the service charge is imposed.
12    (14) Until July 1, 2003, oil field exploration, drilling,
13and production equipment, including (i) rigs and parts of
14rigs, rotary rigs, cable tool rigs, and workover rigs, (ii)
15pipe and tubular goods, including casing and drill strings,
16(iii) pumps and pump-jack units, (iv) storage tanks and flow
17lines, (v) any individual replacement part for oil field
18exploration, drilling, and production equipment, and (vi)
19machinery and equipment purchased for lease; but excluding
20motor vehicles required to be registered under the Illinois
21Vehicle Code.
22    (15) Photoprocessing machinery and equipment, including
23repair and replacement parts, both new and used, including
24that manufactured on special order, certified by the purchaser
25to be used primarily for photoprocessing, and including
26photoprocessing machinery and equipment purchased for lease.

 

 

HB4844 Engrossed- 525 -LRB103 39009 AMC 69146 b

1    (16) Until July 1, 2028, coal and aggregate exploration,
2mining, off-highway hauling, processing, maintenance, and
3reclamation equipment, including replacement parts and
4equipment, and including equipment purchased for lease, but
5excluding motor vehicles required to be registered under the
6Illinois Vehicle Code. The changes made to this Section by
7Public Act 97-767 apply on and after July 1, 2003, but no claim
8for credit or refund is allowed on or after August 16, 2013
9(the effective date of Public Act 98-456) for such taxes paid
10during the period beginning July 1, 2003 and ending on August
1116, 2013 (the effective date of Public Act 98-456).
12    (17) Until July 1, 2003, distillation machinery and
13equipment, sold as a unit or kit, assembled or installed by the
14retailer, certified by the user to be used only for the
15production of ethyl alcohol that will be used for consumption
16as motor fuel or as a component of motor fuel for the personal
17use of the user, and not subject to sale or resale.
18    (18) Manufacturing and assembling machinery and equipment
19used primarily in the process of manufacturing or assembling
20tangible personal property for wholesale or retail sale or
21lease, whether that sale or lease is made directly by the
22manufacturer or by some other person, whether the materials
23used in the process are owned by the manufacturer or some other
24person, or whether that sale or lease is made apart from or as
25an incident to the seller's engaging in the service occupation
26of producing machines, tools, dies, jigs, patterns, gauges, or

 

 

HB4844 Engrossed- 526 -LRB103 39009 AMC 69146 b

1other similar items of no commercial value on special order
2for a particular purchaser. The exemption provided by this
3paragraph (18) includes production related tangible personal
4property, as defined in Section 3-50, purchased on or after
5July 1, 2019. The exemption provided by this paragraph (18)
6does not include machinery and equipment used in (i) the
7generation of electricity for wholesale or retail sale; (ii)
8the generation or treatment of natural or artificial gas for
9wholesale or retail sale that is delivered to customers
10through pipes, pipelines, or mains; or (iii) the treatment of
11water for wholesale or retail sale that is delivered to
12customers through pipes, pipelines, or mains. The provisions
13of Public Act 98-583 are declaratory of existing law as to the
14meaning and scope of this exemption. Beginning on July 1,
152017, the exemption provided by this paragraph (18) includes,
16but is not limited to, graphic arts machinery and equipment,
17as defined in paragraph (6) of this Section.
18    (19) Personal property delivered to a purchaser or
19purchaser's donee inside Illinois when the purchase order for
20that personal property was received by a florist located
21outside Illinois who has a florist located inside Illinois
22deliver the personal property.
23    (20) Semen used for artificial insemination of livestock
24for direct agricultural production.
25    (21) Horses, or interests in horses, registered with and
26meeting the requirements of any of the Arabian Horse Club

 

 

HB4844 Engrossed- 527 -LRB103 39009 AMC 69146 b

1Registry of America, Appaloosa Horse Club, American Quarter
2Horse Association, United States Trotting Association, or
3Jockey Club, as appropriate, used for purposes of breeding or
4racing for prizes. This item (21) is exempt from the
5provisions of Section 3-90, and the exemption provided for
6under this item (21) applies for all periods beginning May 30,
71995, but no claim for credit or refund is allowed on or after
8January 1, 2008 for such taxes paid during the period
9beginning May 30, 2000 and ending on January 1, 2008.
10    (22) Computers and communications equipment utilized for
11any hospital purpose and equipment used in the diagnosis,
12analysis, or treatment of hospital patients purchased by a
13lessor who leases the equipment, under a lease of one year or
14longer executed or in effect at the time the lessor would
15otherwise be subject to the tax imposed by this Act, to a
16hospital that has been issued an active tax exemption
17identification number by the Department under Section 1g of
18the Retailers' Occupation Tax Act. If the equipment is leased
19in a manner that does not qualify for this exemption or is used
20in any other non-exempt manner, the lessor shall be liable for
21the tax imposed under this Act or the Service Use Tax Act, as
22the case may be, based on the fair market value of the property
23at the time the non-qualifying use occurs. No lessor shall
24collect or attempt to collect an amount (however designated)
25that purports to reimburse that lessor for the tax imposed by
26this Act or the Service Use Tax Act, as the case may be, if the

 

 

HB4844 Engrossed- 528 -LRB103 39009 AMC 69146 b

1tax has not been paid by the lessor. If a lessor improperly
2collects any such amount from the lessee, the lessee shall
3have a legal right to claim a refund of that amount from the
4lessor. If, however, that amount is not refunded to the lessee
5for any reason, the lessor is liable to pay that amount to the
6Department.
7    (23) Personal property purchased by a lessor who leases
8the property, under a lease of one year or longer executed or
9in effect at the time the lessor would otherwise be subject to
10the tax imposed by this Act, to a governmental body that has
11been issued an active sales tax exemption identification
12number by the Department under Section 1g of the Retailers'
13Occupation Tax Act. If the property is leased in a manner that
14does not qualify for this exemption or used in any other
15non-exempt manner, the lessor shall be liable for the tax
16imposed under this Act or the Service Use Tax Act, as the case
17may be, based on the fair market value of the property at the
18time the non-qualifying use occurs. No lessor shall collect or
19attempt to collect an amount (however designated) that
20purports to reimburse that lessor for the tax imposed by this
21Act or the Service Use Tax Act, as the case may be, if the tax
22has not been paid by the lessor. If a lessor improperly
23collects any such amount from the lessee, the lessee shall
24have a legal right to claim a refund of that amount from the
25lessor. If, however, that amount is not refunded to the lessee
26for any reason, the lessor is liable to pay that amount to the

 

 

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1Department.
2    (24) Beginning with taxable years ending on or after
3December 31, 1995 and ending with taxable years ending on or
4before December 31, 2004, personal property that is donated
5for disaster relief to be used in a State or federally declared
6disaster area in Illinois or bordering Illinois by a
7manufacturer or retailer that is registered in this State to a
8corporation, society, association, foundation, or institution
9that has been issued a sales tax exemption identification
10number by the Department that assists victims of the disaster
11who reside within the declared disaster area.
12    (25) Beginning with taxable years ending on or after
13December 31, 1995 and ending with taxable years ending on or
14before December 31, 2004, personal property that is used in
15the performance of infrastructure repairs in this State,
16including, but not limited to, municipal roads and streets,
17access roads, bridges, sidewalks, waste disposal systems,
18water and sewer line extensions, water distribution and
19purification facilities, storm water drainage and retention
20facilities, and sewage treatment facilities, resulting from a
21State or federally declared disaster in Illinois or bordering
22Illinois when such repairs are initiated on facilities located
23in the declared disaster area within 6 months after the
24disaster.
25    (26) Beginning July 1, 1999, game or game birds purchased
26at a "game breeding and hunting preserve area" as that term is

 

 

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1used in the Wildlife Code. This paragraph is exempt from the
2provisions of Section 3-90.
3    (27) A motor vehicle, as that term is defined in Section
41-146 of the Illinois Vehicle Code, that is donated to a
5corporation, limited liability company, society, association,
6foundation, or institution that is determined by the
7Department to be organized and operated exclusively for
8educational purposes. For purposes of this exemption, "a
9corporation, limited liability company, society, association,
10foundation, or institution organized and operated exclusively
11for educational purposes" means all tax-supported public
12schools, private schools that offer systematic instruction in
13useful branches of learning by methods common to public
14schools and that compare favorably in their scope and
15intensity with the course of study presented in tax-supported
16schools, and vocational or technical schools or institutes
17organized and operated exclusively to provide a course of
18study of not less than 6 weeks duration and designed to prepare
19individuals to follow a trade or to pursue a manual,
20technical, mechanical, industrial, business, or commercial
21occupation.
22    (28) Beginning January 1, 2000, personal property,
23including food, purchased through fundraising events for the
24benefit of a public or private elementary or secondary school,
25a group of those schools, or one or more school districts if
26the events are sponsored by an entity recognized by the school

 

 

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1district that consists primarily of volunteers and includes
2parents and teachers of the school children. This paragraph
3does not apply to fundraising events (i) for the benefit of
4private home instruction or (ii) for which the fundraising
5entity purchases the personal property sold at the events from
6another individual or entity that sold the property for the
7purpose of resale by the fundraising entity and that profits
8from the sale to the fundraising entity. This paragraph is
9exempt from the provisions of Section 3-90.
10    (29) Beginning January 1, 2000 and through December 31,
112001, new or used automatic vending machines that prepare and
12serve hot food and beverages, including coffee, soup, and
13other items, and replacement parts for these machines.
14Beginning January 1, 2002 and through June 30, 2003, machines
15and parts for machines used in commercial, coin-operated
16amusement and vending business if a use or occupation tax is
17paid on the gross receipts derived from the use of the
18commercial, coin-operated amusement and vending machines. This
19paragraph is exempt from the provisions of Section 3-90.
20    (30) Beginning January 1, 2001 and through June 30, 2016,
21food for human consumption that is to be consumed off the
22premises where it is sold (other than alcoholic beverages,
23soft drinks, and food that has been prepared for immediate
24consumption) and prescription and nonprescription medicines,
25drugs, medical appliances, and insulin, urine testing
26materials, syringes, and needles used by diabetics, for human

 

 

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1use, when purchased for use by a person receiving medical
2assistance under Article V of the Illinois Public Aid Code who
3resides in a licensed long-term care facility, as defined in
4the Nursing Home Care Act, or in a licensed facility as defined
5in the ID/DD Community Care Act, the MC/DD Act, or the
6Specialized Mental Health Rehabilitation Act of 2013.
7    (31) Beginning on August 2, 2001 (the effective date of
8Public Act 92-227), computers and communications equipment
9utilized for any hospital purpose and equipment used in the
10diagnosis, analysis, or treatment of hospital patients
11purchased by a lessor who leases the equipment, under a lease
12of one year or longer executed or in effect at the time the
13lessor would otherwise be subject to the tax imposed by this
14Act, to a hospital that has been issued an active tax exemption
15identification number by the Department under Section 1g of
16the Retailers' Occupation Tax Act. If the equipment is leased
17in a manner that does not qualify for this exemption or is used
18in any other nonexempt manner, the lessor shall be liable for
19the tax imposed under this Act or the Service Use Tax Act, as
20the case may be, based on the fair market value of the property
21at the time the nonqualifying use occurs. No lessor shall
22collect or attempt to collect an amount (however designated)
23that purports to reimburse that lessor for the tax imposed by
24this Act or the Service Use Tax Act, as the case may be, if the
25tax has not been paid by the lessor. If a lessor improperly
26collects any such amount from the lessee, the lessee shall

 

 

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1have a legal right to claim a refund of that amount from the
2lessor. If, however, that amount is not refunded to the lessee
3for any reason, the lessor is liable to pay that amount to the
4Department. This paragraph is exempt from the provisions of
5Section 3-90.
6    (32) Beginning on August 2, 2001 (the effective date of
7Public Act 92-227), personal property purchased by a lessor
8who leases the property, under a lease of one year or longer
9executed or in effect at the time the lessor would otherwise be
10subject to the tax imposed by this Act, to a governmental body
11that has been issued an active sales tax exemption
12identification number by the Department under Section 1g of
13the Retailers' Occupation Tax Act. If the property is leased
14in a manner that does not qualify for this exemption or used in
15any other nonexempt manner, the lessor shall be liable for the
16tax imposed under this Act or the Service Use Tax Act, as the
17case may be, based on the fair market value of the property at
18the time the nonqualifying use occurs. No lessor shall collect
19or attempt to collect an amount (however designated) that
20purports to reimburse that lessor for the tax imposed by this
21Act or the Service Use Tax Act, as the case may be, if the tax
22has not been paid by the lessor. If a lessor improperly
23collects any such amount from the lessee, the lessee shall
24have a legal right to claim a refund of that amount from the
25lessor. If, however, that amount is not refunded to the lessee
26for any reason, the lessor is liable to pay that amount to the

 

 

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1Department. This paragraph is exempt from the provisions of
2Section 3-90.
3    (33) On and after July 1, 2003 and through June 30, 2004,
4the use in this State of motor vehicles of the second division
5with a gross vehicle weight in excess of 8,000 pounds and that
6are subject to the commercial distribution fee imposed under
7Section 3-815.1 of the Illinois Vehicle Code. Beginning on
8July 1, 2004 and through June 30, 2005, the use in this State
9of motor vehicles of the second division: (i) with a gross
10vehicle weight rating in excess of 8,000 pounds; (ii) that are
11subject to the commercial distribution fee imposed under
12Section 3-815.1 of the Illinois Vehicle Code; and (iii) that
13are primarily used for commercial purposes. Through June 30,
142005, this exemption applies to repair and replacement parts
15added after the initial purchase of such a motor vehicle if
16that motor vehicle is used in a manner that would qualify for
17the rolling stock exemption otherwise provided for in this
18Act. For purposes of this paragraph, the term "used for
19commercial purposes" means the transportation of persons or
20property in furtherance of any commercial or industrial
21enterprise, whether for-hire or not.
22    (34) Beginning January 1, 2008, tangible personal property
23used in the construction or maintenance of a community water
24supply, as defined under Section 3.145 of the Environmental
25Protection Act, that is operated by a not-for-profit
26corporation that holds a valid water supply permit issued

 

 

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1under Title IV of the Environmental Protection Act. This
2paragraph is exempt from the provisions of Section 3-90.
3    (35) Beginning January 1, 2010 and continuing through
4December 31, 2029, materials, parts, equipment, components,
5and furnishings incorporated into or upon an aircraft as part
6of the modification, refurbishment, completion, replacement,
7repair, or maintenance of the aircraft. This exemption
8includes consumable supplies used in the modification,
9refurbishment, completion, replacement, repair, and
10maintenance of aircraft. However, until January 1, 2024, this
11exemption excludes any materials, parts, equipment,
12components, and consumable supplies used in the modification,
13replacement, repair, and maintenance of aircraft engines or
14power plants, whether such engines or power plants are
15installed or uninstalled upon any such aircraft. "Consumable
16supplies" include, but are not limited to, adhesive, tape,
17sandpaper, general purpose lubricants, cleaning solution,
18latex gloves, and protective films.
19    Beginning January 1, 2010 and continuing through December
2031, 2023, this exemption applies only to the use of qualifying
21tangible personal property by persons who modify, refurbish,
22complete, repair, replace, or maintain aircraft and who (i)
23hold an Air Agency Certificate and are empowered to operate an
24approved repair station by the Federal Aviation
25Administration, (ii) have a Class IV Rating, and (iii) conduct
26operations in accordance with Part 145 of the Federal Aviation

 

 

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1Regulations. From January 1, 2024 through December 31, 2029,
2this exemption applies only to the use of qualifying tangible
3personal property by: (A) persons who modify, refurbish,
4complete, repair, replace, or maintain aircraft and who (i)
5hold an Air Agency Certificate and are empowered to operate an
6approved repair station by the Federal Aviation
7Administration, (ii) have a Class IV Rating, and (iii) conduct
8operations in accordance with Part 145 of the Federal Aviation
9Regulations; and (B) persons who engage in the modification,
10replacement, repair, and maintenance of aircraft engines or
11power plants without regard to whether or not those persons
12meet the qualifications of item (A).
13    The exemption does not include aircraft operated by a
14commercial air carrier providing scheduled passenger air
15service pursuant to authority issued under Part 121 or Part
16129 of the Federal Aviation Regulations. The changes made to
17this paragraph (35) by Public Act 98-534 are declarative of
18existing law. It is the intent of the General Assembly that the
19exemption under this paragraph (35) applies continuously from
20January 1, 2010 through December 31, 2024; however, no claim
21for credit or refund is allowed for taxes paid as a result of
22the disallowance of this exemption on or after January 1, 2015
23and prior to February 5, 2020 (the effective date of Public Act
24101-629).
25    (36) Tangible personal property purchased by a
26public-facilities corporation, as described in Section

 

 

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111-65-10 of the Illinois Municipal Code, for purposes of
2constructing or furnishing a municipal convention hall, but
3only if the legal title to the municipal convention hall is
4transferred to the municipality without any further
5consideration by or on behalf of the municipality at the time
6of the completion of the municipal convention hall or upon the
7retirement or redemption of any bonds or other debt
8instruments issued by the public-facilities corporation in
9connection with the development of the municipal convention
10hall. This exemption includes existing public-facilities
11corporations as provided in Section 11-65-25 of the Illinois
12Municipal Code. This paragraph is exempt from the provisions
13of Section 3-90.
14    (37) Beginning January 1, 2017 and through December 31,
152026, menstrual pads, tampons, and menstrual cups.
16    (38) Merchandise that is subject to the Rental Purchase
17Agreement Occupation and Use Tax. The purchaser must certify
18that the item is purchased to be rented subject to a
19rental-purchase rental purchase agreement, as defined in the
20Rental-Purchase Rental Purchase Agreement Act, and provide
21proof of registration under the Rental Purchase Agreement
22Occupation and Use Tax Act. This paragraph is exempt from the
23provisions of Section 3-90.
24    (39) Tangible personal property purchased by a purchaser
25who is exempt from the tax imposed by this Act by operation of
26federal law. This paragraph is exempt from the provisions of

 

 

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1Section 3-90.
2    (40) Qualified tangible personal property used in the
3construction or operation of a data center that has been
4granted a certificate of exemption by the Department of
5Commerce and Economic Opportunity, whether that tangible
6personal property is purchased by the owner, operator, or
7tenant of the data center or by a contractor or subcontractor
8of the owner, operator, or tenant. Data centers that would
9have qualified for a certificate of exemption prior to January
101, 2020 had Public Act 101-31 been in effect may apply for and
11obtain an exemption for subsequent purchases of computer
12equipment or enabling software purchased or leased to upgrade,
13supplement, or replace computer equipment or enabling software
14purchased or leased in the original investment that would have
15qualified.
16    The Department of Commerce and Economic Opportunity shall
17grant a certificate of exemption under this item (40) to
18qualified data centers as defined by Section 605-1025 of the
19Department of Commerce and Economic Opportunity Law of the
20Civil Administrative Code of Illinois.
21    For the purposes of this item (40):
22        "Data center" means a building or a series of
23    buildings rehabilitated or constructed to house working
24    servers in one physical location or multiple sites within
25    the State of Illinois.
26        "Qualified tangible personal property" means:

 

 

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

 

 

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1    This item (40) is exempt from the provisions of Section
23-90.
3    (41) Beginning July 1, 2022, breast pumps, breast pump
4collection and storage supplies, and breast pump kits. This
5item (41) is exempt from the provisions of Section 3-90. As
6used in this item (41):
7        "Breast pump" means an electrically controlled or
8    manually controlled pump device designed or marketed to be
9    used to express milk from a human breast during lactation,
10    including the pump device and any battery, AC adapter, or
11    other power supply unit that is used to power the pump
12    device and is packaged and sold with the pump device at the
13    time of sale.
14        "Breast pump collection and storage supplies" means
15    items of tangible personal property designed or marketed
16    to be used in conjunction with a breast pump to collect
17    milk expressed from a human breast and to store collected
18    milk until it is ready for consumption.
19        "Breast pump collection and storage supplies"
20    includes, but is not limited to: breast shields and breast
21    shield connectors; breast pump tubes and tubing adapters;
22    breast pump valves and membranes; backflow protectors and
23    backflow protector adaptors; bottles and bottle caps
24    specific to the operation of the breast pump; and breast
25    milk storage bags.
26        "Breast pump collection and storage supplies" does not

 

 

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1    include: (1) bottles and bottle caps not specific to the
2    operation of the breast pump; (2) breast pump travel bags
3    and other similar carrying accessories, including ice
4    packs, labels, and other similar products; (3) breast pump
5    cleaning supplies; (4) nursing bras, bra pads, breast
6    shells, and other similar products; and (5) creams,
7    ointments, and other similar products that relieve
8    breastfeeding-related symptoms or conditions of the
9    breasts or nipples, unless sold as part of a breast pump
10    kit that is pre-packaged by the breast pump manufacturer
11    or distributor.
12        "Breast pump kit" means a kit that: (1) contains no
13    more than a breast pump, breast pump collection and
14    storage supplies, a rechargeable battery for operating the
15    breast pump, a breastmilk cooler, bottle stands, ice
16    packs, and a breast pump carrying case; and (2) is
17    pre-packaged as a breast pump kit by the breast pump
18    manufacturer or distributor.
19    (42) Tangible personal property sold by or on behalf of
20the State Treasurer pursuant to the Revised Uniform Unclaimed
21Property Act. This item (42) is exempt from the provisions of
22Section 3-90.
23    (43) Beginning on January 1, 2024, tangible personal
24property purchased by an active duty member of the armed
25forces of the United States who presents valid military
26identification and purchases the property using a form of

 

 

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1payment where the federal government is the payor. The member
2of the armed forces must complete, at the point of sale, a form
3prescribed by the Department of Revenue documenting that the
4transaction is eligible for the exemption under this
5paragraph. Retailers must keep the form as documentation of
6the exemption in their records for a period of not less than 6
7years. "Armed forces of the United States" means the United
8States Army, Navy, Air Force, Marine Corps, or Coast Guard.
9This paragraph is exempt from the provisions of Section 3-90.
10(Source: P.A. 102-16, eff. 6-17-21; 102-700, Article 70,
11Section 70-5, eff. 4-19-22; 102-700, Article 75, Section 75-5,
12eff. 4-19-22; 102-1026, eff. 5-27-22; 103-9, Article 5,
13Section 5-5, eff. 6-7-23; 103-9, Article 15, Section 15-5,
14eff. 6-7-23; 103-154, eff. 6-30-23; 103-384, eff. 1-1-24;
15revised 12-12-23.)
 
16    Section 195. The Service Use Tax Act is amended by
17changing Section 3-5 as follows:
 
18    (35 ILCS 110/3-5)
19    Sec. 3-5. Exemptions. Use of the following tangible
20personal property is exempt from the tax imposed by this Act:
21    (1) Personal property purchased from a corporation,
22society, association, foundation, institution, or
23organization, other than a limited liability company, that is
24organized and operated as a not-for-profit service enterprise

 

 

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1for the benefit of persons 65 years of age or older if the
2personal property was not purchased by the enterprise for the
3purpose of resale by the enterprise.
4    (2) Personal property purchased by a non-profit Illinois
5county fair association for use in conducting, operating, or
6promoting the county fair.
7    (3) Personal property purchased by a not-for-profit arts
8or cultural organization that establishes, by proof required
9by the Department by rule, that it has received an exemption
10under Section 501(c)(3) of the Internal Revenue Code and that
11is organized and operated primarily for the presentation or
12support of arts or cultural programming, activities, or
13services. These organizations include, but are not limited to,
14music and dramatic arts organizations such as symphony
15orchestras and theatrical groups, arts and cultural service
16organizations, local arts councils, visual arts organizations,
17and media arts organizations. On and after July 1, 2001 (the
18effective date of Public Act 92-35), however, an entity
19otherwise eligible for this exemption shall not make tax-free
20purchases unless it has an active identification number issued
21by the Department.
22    (4) Legal tender, currency, medallions, or gold or silver
23coinage issued by the State of Illinois, the government of the
24United States of America, or the government of any foreign
25country, and bullion.
26    (5) Until July 1, 2003 and beginning again on September 1,

 

 

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12004 through August 30, 2014, graphic arts machinery and
2equipment, including repair and replacement parts, both new
3and used, and including that manufactured on special order or
4purchased for lease, certified by the purchaser to be used
5primarily for graphic arts production. Equipment includes
6chemicals or chemicals acting as catalysts but only if the
7chemicals or chemicals acting as catalysts effect a direct and
8immediate change upon a graphic arts product. Beginning on
9July 1, 2017, graphic arts machinery and equipment is included
10in the manufacturing and assembling machinery and equipment
11exemption under Section 2 of this Act.
12    (6) Personal property purchased from a teacher-sponsored
13student organization affiliated with an elementary or
14secondary school located in Illinois.
15    (7) Farm machinery and equipment, both new and used,
16including that manufactured on special order, certified by the
17purchaser to be used primarily for production agriculture or
18State or federal agricultural programs, including individual
19replacement parts for the machinery and equipment, including
20machinery and equipment purchased for lease, and including
21implements of husbandry defined in Section 1-130 of the
22Illinois Vehicle Code, farm machinery and agricultural
23chemical and fertilizer spreaders, and nurse wagons required
24to be registered under Section 3-809 of the Illinois Vehicle
25Code, but excluding other motor vehicles required to be
26registered under the Illinois Vehicle Code. Horticultural

 

 

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1polyhouses or hoop houses used for propagating, growing, or
2overwintering plants shall be considered farm machinery and
3equipment under this item (7). Agricultural chemical tender
4tanks and dry boxes shall include units sold separately from a
5motor vehicle required to be licensed and units sold mounted
6on a motor vehicle required to be licensed if the selling price
7of the tender is separately stated.
8    Farm machinery and equipment shall include precision
9farming equipment that is installed or purchased to be
10installed on farm machinery and equipment, including, but not
11limited to, tractors, harvesters, sprayers, planters, seeders,
12or spreaders. Precision farming equipment includes, but is not
13limited to, soil testing sensors, computers, monitors,
14software, global positioning and mapping systems, and other
15such equipment.
16    Farm machinery and equipment also includes computers,
17sensors, software, and related equipment used primarily in the
18computer-assisted operation of production agriculture
19facilities, equipment, and activities such as, but not limited
20to, the collection, monitoring, and correlation of animal and
21crop data for the purpose of formulating animal diets and
22agricultural chemicals.
23    Beginning on January 1, 2024, farm machinery and equipment
24also includes electrical power generation equipment used
25primarily for production agriculture.
26    This item (7) is exempt from the provisions of Section

 

 

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13-75.
2    (8) Until June 30, 2013, fuel and petroleum products sold
3to or used by an air common carrier, certified by the carrier
4to be used for consumption, shipment, or storage in the
5conduct of its business as an air common carrier, for a flight
6destined for or returning from a location or locations outside
7the United States without regard to previous or subsequent
8domestic stopovers.
9    Beginning July 1, 2013, fuel and petroleum products sold
10to or used by an air carrier, certified by the carrier to be
11used for consumption, shipment, or storage in the conduct of
12its business as an air common carrier, for a flight that (i) is
13engaged in foreign trade or is engaged in trade between the
14United States and any of its possessions and (ii) transports
15at least one individual or package for hire from the city of
16origination to the city of final destination on the same
17aircraft, without regard to a change in the flight number of
18that aircraft.
19    (9) Proceeds of mandatory service charges separately
20stated on customers' bills for the purchase and consumption of
21food and beverages acquired as an incident to the purchase of a
22service from a serviceman, to the extent that the proceeds of
23the service charge are in fact turned over as tips or as a
24substitute for tips to the employees who participate directly
25in preparing, serving, hosting or cleaning up the food or
26beverage function with respect to which the service charge is

 

 

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1imposed.
2    (10) Until July 1, 2003, oil field exploration, drilling,
3and production equipment, including (i) rigs and parts of
4rigs, rotary rigs, cable tool rigs, and workover rigs, (ii)
5pipe and tubular goods, including casing and drill strings,
6(iii) pumps and pump-jack units, (iv) storage tanks and flow
7lines, (v) any individual replacement part for oil field
8exploration, drilling, and production equipment, and (vi)
9machinery and equipment purchased for lease; but excluding
10motor vehicles required to be registered under the Illinois
11Vehicle Code.
12    (11) Proceeds from the sale of photoprocessing machinery
13and equipment, including repair and replacement parts, both
14new and used, including that manufactured on special order,
15certified by the purchaser to be used primarily for
16photoprocessing, and including photoprocessing machinery and
17equipment purchased for lease.
18    (12) Until July 1, 2028, coal and aggregate exploration,
19mining, off-highway hauling, processing, maintenance, and
20reclamation equipment, including replacement parts and
21equipment, and including equipment purchased for lease, but
22excluding motor vehicles required to be registered under the
23Illinois Vehicle Code. The changes made to this Section by
24Public Act 97-767 apply on and after July 1, 2003, but no claim
25for credit or refund is allowed on or after August 16, 2013
26(the effective date of Public Act 98-456) for such taxes paid

 

 

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1during the period beginning July 1, 2003 and ending on August
216, 2013 (the effective date of Public Act 98-456).
3    (13) Semen used for artificial insemination of livestock
4for direct agricultural production.
5    (14) Horses, or interests in horses, registered with and
6meeting the requirements of any of the Arabian Horse Club
7Registry of America, Appaloosa Horse Club, American Quarter
8Horse Association, United States Trotting Association, or
9Jockey Club, as appropriate, used for purposes of breeding or
10racing for prizes. This item (14) is exempt from the
11provisions of Section 3-75, and the exemption provided for
12under this item (14) applies for all periods beginning May 30,
131995, but no claim for credit or refund is allowed on or after
14January 1, 2008 (the effective date of Public Act 95-88) for
15such taxes paid during the period beginning May 30, 2000 and
16ending on January 1, 2008 (the effective date of Public Act
1795-88).
18    (15) Computers and communications equipment utilized for
19any hospital purpose and equipment used in the diagnosis,
20analysis, or treatment of hospital patients purchased by a
21lessor who leases the equipment, under a lease of one year or
22longer executed or in effect at the time the lessor would
23otherwise be subject to the tax imposed by this Act, to a
24hospital that has been issued an active tax exemption
25identification number by the Department under Section 1g of
26the Retailers' Occupation Tax Act. If the equipment is leased

 

 

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1in a manner that does not qualify for this exemption or is used
2in any other non-exempt manner, the lessor shall be liable for
3the tax imposed under this Act or the Use Tax Act, as the case
4may be, based on the fair market value of the property at the
5time the non-qualifying use occurs. No lessor shall collect or
6attempt to collect an amount (however designated) that
7purports to reimburse that lessor for the tax imposed by this
8Act or the Use Tax Act, as the case may be, if the tax has not
9been paid by the lessor. If a lessor improperly collects any
10such amount from the lessee, the lessee shall have a legal
11right to claim a refund of that amount from the lessor. If,
12however, that amount is not refunded to the lessee for any
13reason, the lessor is liable to pay that amount to the
14Department.
15    (16) Personal property purchased by a lessor who leases
16the property, under a lease of one year or longer executed or
17in effect at the time the lessor would otherwise be subject to
18the tax imposed by this Act, to a governmental body that has
19been issued an active tax exemption identification number by
20the Department under Section 1g of the Retailers' Occupation
21Tax Act. If the property is leased in a manner that does not
22qualify for this exemption or is used in any other non-exempt
23manner, the lessor shall be liable for the tax imposed under
24this Act or the Use Tax Act, as the case may be, based on the
25fair market value of the property at the time the
26non-qualifying use occurs. No lessor shall collect or attempt

 

 

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1to collect an amount (however designated) that purports to
2reimburse that lessor for the tax imposed by this Act or the
3Use Tax Act, as the case may be, if the tax has not been paid
4by the lessor. If a lessor improperly collects any such amount
5from the lessee, the lessee shall have a legal right to claim a
6refund of that amount from the lessor. If, however, that
7amount is not refunded to the lessee for any reason, the lessor
8is liable to pay that amount to the Department.
9    (17) Beginning with taxable years ending on or after
10December 31, 1995 and ending with taxable years ending on or
11before December 31, 2004, personal property that is donated
12for disaster relief to be used in a State or federally declared
13disaster area in Illinois or bordering Illinois by a
14manufacturer or retailer that is registered in this State to a
15corporation, society, association, foundation, or institution
16that has been issued a sales tax exemption identification
17number by the Department that assists victims of the disaster
18who reside within the declared disaster area.
19    (18) Beginning with taxable years ending on or after
20December 31, 1995 and ending with taxable years ending on or
21before December 31, 2004, personal property that is used in
22the performance of infrastructure repairs in this State,
23including, but not limited to, municipal roads and streets,
24access roads, bridges, sidewalks, waste disposal systems,
25water and sewer line extensions, water distribution and
26purification facilities, storm water drainage and retention

 

 

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1facilities, and sewage treatment facilities, resulting from a
2State or federally declared disaster in Illinois or bordering
3Illinois when such repairs are initiated on facilities located
4in the declared disaster area within 6 months after the
5disaster.
6    (19) Beginning July 1, 1999, game or game birds purchased
7at a "game breeding and hunting preserve area" as that term is
8used in the Wildlife Code. This paragraph is exempt from the
9provisions of Section 3-75.
10    (20) A motor vehicle, as that term is defined in Section
111-146 of the Illinois Vehicle Code, that is donated to a
12corporation, limited liability company, society, association,
13foundation, or institution that is determined by the
14Department to be organized and operated exclusively for
15educational purposes. For purposes of this exemption, "a
16corporation, limited liability company, society, association,
17foundation, or institution organized and operated exclusively
18for educational purposes" means all tax-supported public
19schools, private schools that offer systematic instruction in
20useful branches of learning by methods common to public
21schools and that compare favorably in their scope and
22intensity with the course of study presented in tax-supported
23schools, and vocational or technical schools or institutes
24organized and operated exclusively to provide a course of
25study of not less than 6 weeks duration and designed to prepare
26individuals to follow a trade or to pursue a manual,

 

 

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1technical, mechanical, industrial, business, or commercial
2occupation.
3    (21) Beginning January 1, 2000, personal property,
4including food, purchased through fundraising events for the
5benefit of a public or private elementary or secondary school,
6a group of those schools, or one or more school districts if
7the events are sponsored by an entity recognized by the school
8district that consists primarily of volunteers and includes
9parents and teachers of the school children. This paragraph
10does not apply to fundraising events (i) for the benefit of
11private home instruction or (ii) for which the fundraising
12entity purchases the personal property sold at the events from
13another individual or entity that sold the property for the
14purpose of resale by the fundraising entity and that profits
15from the sale to the fundraising entity. This paragraph is
16exempt from the provisions of Section 3-75.
17    (22) Beginning January 1, 2000 and through December 31,
182001, new or used automatic vending machines that prepare and
19serve hot food and beverages, including coffee, soup, and
20other items, and replacement parts for these machines.
21Beginning January 1, 2002 and through June 30, 2003, machines
22and parts for machines used in commercial, coin-operated
23amusement and vending business if a use or occupation tax is
24paid on the gross receipts derived from the use of the
25commercial, coin-operated amusement and vending machines. This
26paragraph is exempt from the provisions of Section 3-75.

 

 

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1    (23) Beginning August 23, 2001 and through June 30, 2016,
2food for human consumption that is to be consumed off the
3premises where it is sold (other than alcoholic beverages,
4soft drinks, and food that has been prepared for immediate
5consumption) and prescription and nonprescription medicines,
6drugs, medical appliances, and insulin, urine testing
7materials, syringes, and needles used by diabetics, for human
8use, when purchased for use by a person receiving medical
9assistance under Article V of the Illinois Public Aid Code who
10resides in a licensed long-term care facility, as defined in
11the Nursing Home Care Act, or in a licensed facility as defined
12in the ID/DD Community Care Act, the MC/DD Act, or the
13Specialized Mental Health Rehabilitation Act of 2013.
14    (24) Beginning on August 2, 2001 (the effective date of
15Public Act 92-227), computers and communications equipment
16utilized for any hospital purpose and equipment used in the
17diagnosis, analysis, or treatment of hospital patients
18purchased by a lessor who leases the equipment, under a lease
19of one year or longer executed or in effect at the time the
20lessor would otherwise be subject to the tax imposed by this
21Act, to a hospital that has been issued an active tax exemption
22identification number by the Department under Section 1g of
23the Retailers' Occupation Tax Act. If the equipment is leased
24in a manner that does not qualify for this exemption or is used
25in any other nonexempt manner, the lessor shall be liable for
26the tax imposed under this Act or the Use Tax Act, as the case

 

 

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1may be, based on the fair market value of the property at the
2time the nonqualifying use occurs. No lessor shall collect or
3attempt to collect an amount (however designated) that
4purports to reimburse that lessor for the tax imposed by this
5Act or the Use Tax Act, as the case may be, if the tax has not
6been paid by the lessor. If a lessor improperly collects any
7such amount from the lessee, the lessee shall have a legal
8right to claim a refund of that amount from the lessor. If,
9however, that amount is not refunded to the lessee for any
10reason, the lessor is liable to pay that amount to the
11Department. This paragraph is exempt from the provisions of
12Section 3-75.
13    (25) Beginning on August 2, 2001 (the effective date of
14Public Act 92-227), personal property purchased by a lessor
15who leases the property, under a lease of one year or longer
16executed or in effect at the time the lessor would otherwise be
17subject to the tax imposed by this Act, to a governmental body
18that has been issued an active tax exemption identification
19number by the Department under Section 1g of the Retailers'
20Occupation Tax Act. If the property is leased in a manner that
21does not qualify for this exemption or is used in any other
22nonexempt manner, the lessor shall be liable for the tax
23imposed under this Act or the Use Tax Act, as the case may be,
24based on the fair market value of the property at the time the
25nonqualifying use occurs. No lessor shall collect or attempt
26to collect an amount (however designated) that purports to

 

 

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1reimburse that lessor for the tax imposed by this Act or the
2Use Tax Act, as the case may be, if the tax has not been paid
3by the lessor. If a lessor improperly collects any such amount
4from the lessee, the lessee shall have a legal right to claim a
5refund of that amount from the lessor. If, however, that
6amount is not refunded to the lessee for any reason, the lessor
7is liable to pay that amount to the Department. This paragraph
8is exempt from the provisions of Section 3-75.
9    (26) Beginning January 1, 2008, tangible personal property
10used in the construction or maintenance of a community water
11supply, as defined under Section 3.145 of the Environmental
12Protection Act, that is operated by a not-for-profit
13corporation that holds a valid water supply permit issued
14under Title IV of the Environmental Protection Act. This
15paragraph is exempt from the provisions of Section 3-75.
16    (27) Beginning January 1, 2010 and continuing through
17December 31, 2029, materials, parts, equipment, components,
18and furnishings incorporated into or upon an aircraft as part
19of the modification, refurbishment, completion, replacement,
20repair, or maintenance of the aircraft. This exemption
21includes consumable supplies used in the modification,
22refurbishment, completion, replacement, repair, and
23maintenance of aircraft. However, until January 1, 2024, this
24exemption excludes any materials, parts, equipment,
25components, and consumable supplies used in the modification,
26replacement, repair, and maintenance of aircraft engines or

 

 

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1power plants, whether such engines or power plants are
2installed or uninstalled upon any such aircraft. "Consumable
3supplies" include, but are not limited to, adhesive, tape,
4sandpaper, general purpose lubricants, cleaning solution,
5latex gloves, and protective films.
6    Beginning January 1, 2010 and continuing through December
731, 2023, this exemption applies only to the use of qualifying
8tangible personal property transferred incident to the
9modification, refurbishment, completion, replacement, repair,
10or maintenance of aircraft by persons who (i) hold an Air
11Agency Certificate and are empowered to operate an approved
12repair station by the Federal Aviation Administration, (ii)
13have a Class IV Rating, and (iii) conduct operations in
14accordance with Part 145 of the Federal Aviation Regulations.
15From January 1, 2024 through December 31, 2029, this exemption
16applies only to the use of qualifying tangible personal
17property by: (A) persons who modify, refurbish, complete,
18repair, replace, or maintain aircraft and who (i) hold an Air
19Agency Certificate and are empowered to operate an approved
20repair station by the Federal Aviation Administration, (ii)
21have a Class IV Rating, and (iii) conduct operations in
22accordance with Part 145 of the Federal Aviation Regulations;
23and (B) persons who engage in the modification, replacement,
24repair, and maintenance of aircraft engines or power plants
25without regard to whether or not those persons meet the
26qualifications of item (A).

 

 

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1    The exemption does not include aircraft operated by a
2commercial air carrier providing scheduled passenger air
3service pursuant to authority issued under Part 121 or Part
4129 of the Federal Aviation Regulations. The changes made to
5this paragraph (27) by Public Act 98-534 are declarative of
6existing law. It is the intent of the General Assembly that the
7exemption under this paragraph (27) applies continuously from
8January 1, 2010 through December 31, 2024; however, no claim
9for credit or refund is allowed for taxes paid as a result of
10the disallowance of this exemption on or after January 1, 2015
11and prior to February 5, 2020 (the effective date of Public Act
12101-629).
13    (28) Tangible personal property purchased by a
14public-facilities corporation, as described in Section
1511-65-10 of the Illinois Municipal Code, for purposes of
16constructing or furnishing a municipal convention hall, but
17only if the legal title to the municipal convention hall is
18transferred to the municipality without any further
19consideration by or on behalf of the municipality at the time
20of the completion of the municipal convention hall or upon the
21retirement or redemption of any bonds or other debt
22instruments issued by the public-facilities corporation in
23connection with the development of the municipal convention
24hall. This exemption includes existing public-facilities
25corporations as provided in Section 11-65-25 of the Illinois
26Municipal Code. This paragraph is exempt from the provisions

 

 

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1of Section 3-75.
2    (29) Beginning January 1, 2017 and through December 31,
32026, menstrual pads, tampons, and menstrual cups.
4    (30) Tangible personal property transferred to a purchaser
5who is exempt from the tax imposed by this Act by operation of
6federal law. This paragraph is exempt from the provisions of
7Section 3-75.
8    (31) Qualified tangible personal property used in the
9construction or operation of a data center that has been
10granted a certificate of exemption by the Department of
11Commerce and Economic Opportunity, whether that tangible
12personal property is purchased by the owner, operator, or
13tenant of the data center or by a contractor or subcontractor
14of the owner, operator, or tenant. Data centers that would
15have qualified for a certificate of exemption prior to January
161, 2020 had Public Act 101-31 been in effect, may apply for and
17obtain an exemption for subsequent purchases of computer
18equipment or enabling software purchased or leased to upgrade,
19supplement, or replace computer equipment or enabling software
20purchased or leased in the original investment that would have
21qualified.
22    The Department of Commerce and Economic Opportunity shall
23grant a certificate of exemption under this item (31) to
24qualified data centers as defined by Section 605-1025 of the
25Department of Commerce and Economic Opportunity Law of the
26Civil Administrative Code of Illinois.

 

 

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1    For the purposes of this item (31):
2        "Data center" means a building or a series of
3    buildings rehabilitated or constructed to house working
4    servers in one physical location or multiple sites within
5    the State of Illinois.
6        "Qualified tangible personal property" means:
7    electrical systems and equipment; climate control and
8    chilling equipment and systems; mechanical systems and
9    equipment; monitoring and secure systems; emergency
10    generators; hardware; computers; servers; data storage
11    devices; network connectivity equipment; racks; cabinets;
12    telecommunications cabling infrastructure; raised floor
13    systems; peripheral components or systems; software;
14    mechanical, electrical, or plumbing systems; battery
15    systems; cooling systems and towers; temperature control
16    systems; other cabling; and other data center
17    infrastructure equipment and systems necessary to operate
18    qualified tangible personal property, including fixtures;
19    and component parts of any of the foregoing, including
20    installation, maintenance, repair, refurbishment, and
21    replacement of qualified tangible personal property to
22    generate, transform, transmit, distribute, or manage
23    electricity necessary to operate qualified tangible
24    personal property; and all other tangible personal
25    property that is essential to the operations of a computer
26    data center. The term "qualified tangible personal

 

 

HB4844 Engrossed- 560 -LRB103 39009 AMC 69146 b

1    property" also includes building materials physically
2    incorporated into in to the qualifying data center. To
3    document the exemption allowed under this Section, the
4    retailer must obtain from the purchaser a copy of the
5    certificate of eligibility issued by the Department of
6    Commerce and Economic Opportunity.
7    This item (31) is exempt from the provisions of Section
83-75.
9    (32) Beginning July 1, 2022, breast pumps, breast pump
10collection and storage supplies, and breast pump kits. This
11item (32) is exempt from the provisions of Section 3-75. As
12used in this item (32):
13        "Breast pump" means an electrically controlled or
14    manually controlled pump device designed or marketed to be
15    used to express milk from a human breast during lactation,
16    including the pump device and any battery, AC adapter, or
17    other power supply unit that is used to power the pump
18    device and is packaged and sold with the pump device at the
19    time of sale.
20        "Breast pump collection and storage supplies" means
21    items of tangible personal property designed or marketed
22    to be used in conjunction with a breast pump to collect
23    milk expressed from a human breast and to store collected
24    milk until it is ready for consumption.
25        "Breast pump collection and storage supplies"
26    includes, but is not limited to: breast shields and breast

 

 

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1    shield connectors; breast pump tubes and tubing adapters;
2    breast pump valves and membranes; backflow protectors and
3    backflow protector adaptors; bottles and bottle caps
4    specific to the operation of the breast pump; and breast
5    milk storage bags.
6        "Breast pump collection and storage supplies" does not
7    include: (1) bottles and bottle caps not specific to the
8    operation of the breast pump; (2) breast pump travel bags
9    and other similar carrying accessories, including ice
10    packs, labels, and other similar products; (3) breast pump
11    cleaning supplies; (4) nursing bras, bra pads, breast
12    shells, and other similar products; and (5) creams,
13    ointments, and other similar products that relieve
14    breastfeeding-related symptoms or conditions of the
15    breasts or nipples, unless sold as part of a breast pump
16    kit that is pre-packaged by the breast pump manufacturer
17    or distributor.
18        "Breast pump kit" means a kit that: (1) contains no
19    more than a breast pump, breast pump collection and
20    storage supplies, a rechargeable battery for operating the
21    breast pump, a breastmilk cooler, bottle stands, ice
22    packs, and a breast pump carrying case; and (2) is
23    pre-packaged as a breast pump kit by the breast pump
24    manufacturer or distributor.
25    (33) Tangible personal property sold by or on behalf of
26the State Treasurer pursuant to the Revised Uniform Unclaimed

 

 

HB4844 Engrossed- 562 -LRB103 39009 AMC 69146 b

1Property Act. This item (33) is exempt from the provisions of
2Section 3-75.
3    (34) Beginning on January 1, 2024, tangible personal
4property purchased by an active duty member of the armed
5forces of the United States who presents valid military
6identification and purchases the property using a form of
7payment where the federal government is the payor. The member
8of the armed forces must complete, at the point of sale, a form
9prescribed by the Department of Revenue documenting that the
10transaction is eligible for the exemption under this
11paragraph. Retailers must keep the form as documentation of
12the exemption in their records for a period of not less than 6
13years. "Armed forces of the United States" means the United
14States Army, Navy, Air Force, Marine Corps, or Coast Guard.
15This paragraph is exempt from the provisions of Section 3-75.
16(Source: P.A. 102-16, eff. 6-17-21; 102-700, Article 70,
17Section 70-10, eff. 4-19-22; 102-700, Article 75, Section
1875-10, eff. 4-19-22; 102-1026, eff. 5-27-22; 103-9, Article 5,
19Section 5-10, eff. 6-7-23; 103-9, Article 15, Section 15-10,
20eff. 6-7-23; 103-154, eff. 6-30-23; 103-384, eff. 1-1-24;
21revised 12-12-23.)
 
22    Section 200. The Service Occupation Tax Act is amended by
23changing Sections 3-5, 9, and 12 as follows:
 
24    (35 ILCS 115/3-5)

 

 

HB4844 Engrossed- 563 -LRB103 39009 AMC 69146 b

1    Sec. 3-5. Exemptions. The following tangible personal
2property is exempt from the tax imposed by this Act:
3    (1) Personal property sold by a corporation, society,
4association, foundation, institution, or organization, other
5than a limited liability company, that is organized and
6operated as a not-for-profit service enterprise for the
7benefit of persons 65 years of age or older if the personal
8property was not purchased by the enterprise for the purpose
9of resale by the enterprise.
10    (2) Personal property purchased by a not-for-profit
11Illinois county fair association for use in conducting,
12operating, or promoting the county fair.
13    (3) Personal property purchased by any not-for-profit arts
14or cultural organization that establishes, by proof required
15by the Department by rule, that it has received an exemption
16under Section 501(c)(3) of the Internal Revenue Code and that
17is organized and operated primarily for the presentation or
18support of arts or cultural programming, activities, or
19services. These organizations include, but are not limited to,
20music and dramatic arts organizations such as symphony
21orchestras and theatrical groups, arts and cultural service
22organizations, local arts councils, visual arts organizations,
23and media arts organizations. On and after July 1, 2001 (the
24effective date of Public Act 92-35), however, an entity
25otherwise eligible for this exemption shall not make tax-free
26purchases unless it has an active identification number issued

 

 

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1by the Department.
2    (4) Legal tender, currency, medallions, or gold or silver
3coinage issued by the State of Illinois, the government of the
4United States of America, or the government of any foreign
5country, and bullion.
6    (5) Until July 1, 2003 and beginning again on September 1,
72004 through August 30, 2014, graphic arts machinery and
8equipment, including repair and replacement parts, both new
9and used, and including that manufactured on special order or
10purchased for lease, certified by the purchaser to be used
11primarily for graphic arts production. Equipment includes
12chemicals or chemicals acting as catalysts but only if the
13chemicals or chemicals acting as catalysts effect a direct and
14immediate change upon a graphic arts product. Beginning on
15July 1, 2017, graphic arts machinery and equipment is included
16in the manufacturing and assembling machinery and equipment
17exemption under Section 2 of this Act.
18    (6) Personal property sold by a teacher-sponsored student
19organization affiliated with an elementary or secondary school
20located in Illinois.
21    (7) Farm machinery and equipment, both new and used,
22including that manufactured on special order, certified by the
23purchaser to be used primarily for production agriculture or
24State or federal agricultural programs, including individual
25replacement parts for the machinery and equipment, including
26machinery and equipment purchased for lease, and including

 

 

HB4844 Engrossed- 565 -LRB103 39009 AMC 69146 b

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

 

 

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1crop data for the purpose of formulating animal diets and
2agricultural chemicals.
3    Beginning on January 1, 2024, farm machinery and equipment
4also includes electrical power generation equipment used
5primarily for production agriculture.
6    This item (7) is exempt from the provisions of Section
73-55.
8    (8) Until June 30, 2013, fuel and petroleum products sold
9to or used by an air common carrier, certified by the carrier
10to be used for consumption, shipment, or storage in the
11conduct of its business as an air common carrier, for a flight
12destined for or returning from a location or locations outside
13the United States without regard to previous or subsequent
14domestic stopovers.
15    Beginning July 1, 2013, fuel and petroleum products sold
16to or used by an air carrier, certified by the carrier to be
17used for consumption, shipment, or storage in the conduct of
18its business as an air common carrier, for a flight that (i) is
19engaged in foreign trade or is engaged in trade between the
20United States and any of its possessions and (ii) transports
21at least one individual or package for hire from the city of
22origination to the city of final destination on the same
23aircraft, without regard to a change in the flight number of
24that aircraft.
25    (9) Proceeds of mandatory service charges separately
26stated on customers' bills for the purchase and consumption of

 

 

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1food and beverages, to the extent that the proceeds of the
2service charge are in fact turned over as tips or as a
3substitute for tips to the employees who participate directly
4in preparing, serving, hosting or cleaning up the food or
5beverage function with respect to which the service charge is
6imposed.
7    (10) Until July 1, 2003, oil field exploration, drilling,
8and production equipment, including (i) rigs and parts of
9rigs, rotary rigs, cable tool rigs, and workover rigs, (ii)
10pipe and tubular goods, including casing and drill strings,
11(iii) pumps and pump-jack units, (iv) storage tanks and flow
12lines, (v) any individual replacement part for oil field
13exploration, drilling, and production equipment, and (vi)
14machinery and equipment purchased for lease; but excluding
15motor vehicles required to be registered under the Illinois
16Vehicle Code.
17    (11) Photoprocessing machinery and equipment, including
18repair and replacement parts, both new and used, including
19that manufactured on special order, certified by the purchaser
20to be used primarily for photoprocessing, and including
21photoprocessing machinery and equipment purchased for lease.
22    (12) Until July 1, 2028, coal and aggregate exploration,
23mining, off-highway hauling, processing, maintenance, and
24reclamation equipment, including replacement parts and
25equipment, and including equipment purchased for lease, but
26excluding motor vehicles required to be registered under the

 

 

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1Illinois Vehicle Code. The changes made to this Section by
2Public Act 97-767 apply on and after July 1, 2003, but no claim
3for credit or refund is allowed on or after August 16, 2013
4(the effective date of Public Act 98-456) for such taxes paid
5during the period beginning July 1, 2003 and ending on August
616, 2013 (the effective date of Public Act 98-456).
7    (13) Beginning January 1, 1992 and through June 30, 2016,
8food for human consumption that is to be consumed off the
9premises where it is sold (other than alcoholic beverages,
10soft drinks and food that has been prepared for immediate
11consumption) and prescription and non-prescription medicines,
12drugs, medical appliances, and insulin, urine testing
13materials, syringes, and needles used by diabetics, for human
14use, when purchased for use by a person receiving medical
15assistance under Article V of the Illinois Public Aid Code who
16resides in a licensed long-term care facility, as defined in
17the Nursing Home Care Act, or in a licensed facility as defined
18in the ID/DD Community Care Act, the MC/DD Act, or the
19Specialized Mental Health Rehabilitation Act of 2013.
20    (14) Semen used for artificial insemination of livestock
21for direct agricultural production.
22    (15) Horses, or interests in horses, registered with and
23meeting the requirements of any of the Arabian Horse Club
24Registry of America, Appaloosa Horse Club, American Quarter
25Horse Association, United States Trotting Association, or
26Jockey Club, as appropriate, used for purposes of breeding or

 

 

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1racing for prizes. This item (15) is exempt from the
2provisions of Section 3-55, and the exemption provided for
3under this item (15) applies for all periods beginning May 30,
41995, but no claim for credit or refund is allowed on or after
5January 1, 2008 (the effective date of Public Act 95-88) for
6such taxes paid during the period beginning May 30, 2000 and
7ending on January 1, 2008 (the effective date of Public Act
895-88).
9    (16) Computers and communications equipment utilized for
10any hospital purpose and equipment used in the diagnosis,
11analysis, or treatment of hospital patients sold to a lessor
12who leases the equipment, under a lease of one year or longer
13executed or in effect at the time of the purchase, to a
14hospital that has been issued an active tax exemption
15identification number by the Department under Section 1g of
16the Retailers' Occupation Tax Act.
17    (17) Personal property sold to a lessor who leases the
18property, under a lease of one year or longer executed or in
19effect at the time of the purchase, to a governmental body that
20has been issued an active tax exemption identification number
21by the Department under Section 1g of the Retailers'
22Occupation Tax Act.
23    (18) Beginning with taxable years ending on or after
24December 31, 1995 and ending with taxable years ending on or
25before December 31, 2004, personal property that is donated
26for disaster relief to be used in a State or federally declared

 

 

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1disaster area in Illinois or bordering Illinois by a
2manufacturer or retailer that is registered in this State to a
3corporation, society, association, foundation, or institution
4that has been issued a sales tax exemption identification
5number by the Department that assists victims of the disaster
6who reside within the declared disaster area.
7    (19) Beginning with taxable years ending on or after
8December 31, 1995 and ending with taxable years ending on or
9before December 31, 2004, personal property that is used in
10the performance of infrastructure repairs in this State,
11including, but not limited to, municipal roads and streets,
12access roads, bridges, sidewalks, waste disposal systems,
13water and sewer line extensions, water distribution and
14purification facilities, storm water drainage and retention
15facilities, and sewage treatment facilities, resulting from a
16State or federally declared disaster in Illinois or bordering
17Illinois when such repairs are initiated on facilities located
18in the declared disaster area within 6 months after the
19disaster.
20    (20) Beginning July 1, 1999, game or game birds sold at a
21"game breeding and hunting preserve area" as that term is used
22in the Wildlife Code. This paragraph is exempt from the
23provisions of Section 3-55.
24    (21) A motor vehicle, as that term is defined in Section
251-146 of the Illinois Vehicle Code, that is donated to a
26corporation, limited liability company, society, association,

 

 

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1foundation, or institution that is determined by the
2Department to be organized and operated exclusively for
3educational purposes. For purposes of this exemption, "a
4corporation, limited liability company, society, association,
5foundation, or institution organized and operated exclusively
6for educational purposes" means all tax-supported public
7schools, private schools that offer systematic instruction in
8useful branches of learning by methods common to public
9schools and that compare favorably in their scope and
10intensity with the course of study presented in tax-supported
11schools, and vocational or technical schools or institutes
12organized and operated exclusively to provide a course of
13study of not less than 6 weeks duration and designed to prepare
14individuals to follow a trade or to pursue a manual,
15technical, mechanical, industrial, business, or commercial
16occupation.
17    (22) Beginning January 1, 2000, personal property,
18including food, purchased through fundraising events for the
19benefit of a public or private elementary or secondary school,
20a group of those schools, or one or more school districts if
21the events are sponsored by an entity recognized by the school
22district that consists primarily of volunteers and includes
23parents and teachers of the school children. This paragraph
24does not apply to fundraising events (i) for the benefit of
25private home instruction or (ii) for which the fundraising
26entity purchases the personal property sold at the events from

 

 

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1another individual or entity that sold the property for the
2purpose of resale by the fundraising entity and that profits
3from the sale to the fundraising entity. This paragraph is
4exempt from the provisions of Section 3-55.
5    (23) Beginning January 1, 2000 and through December 31,
62001, new or used automatic vending machines that prepare and
7serve hot food and beverages, including coffee, soup, and
8other items, and replacement parts for these machines.
9Beginning January 1, 2002 and through June 30, 2003, machines
10and parts for machines used in commercial, coin-operated
11amusement and vending business if a use or occupation tax is
12paid on the gross receipts derived from the use of the
13commercial, coin-operated amusement and vending machines. This
14paragraph is exempt from the provisions of Section 3-55.
15    (24) Beginning on August 2, 2001 (the effective date of
16Public Act 92-227), computers and communications equipment
17utilized for any hospital purpose and equipment used in the
18diagnosis, analysis, or treatment of hospital patients sold to
19a lessor who leases the equipment, under a lease of one year or
20longer executed or in effect at the time of the purchase, to a
21hospital that has been issued an active tax exemption
22identification number by the Department under Section 1g of
23the Retailers' Occupation Tax Act. This paragraph is exempt
24from the provisions of Section 3-55.
25    (25) Beginning on August 2, 2001 (the effective date of
26Public Act 92-227), personal property sold to a lessor who

 

 

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1leases the property, under a lease of one year or longer
2executed or in effect at the time of the purchase, to a
3governmental body that has been issued an active tax exemption
4identification number by the Department under Section 1g of
5the Retailers' Occupation Tax Act. This paragraph is exempt
6from the provisions of Section 3-55.
7    (26) Beginning on January 1, 2002 and through June 30,
82016, tangible personal property purchased from an Illinois
9retailer by a taxpayer engaged in centralized purchasing
10activities in Illinois who will, upon receipt of the property
11in Illinois, temporarily store the property in Illinois (i)
12for the purpose of subsequently transporting it outside this
13State for use or consumption thereafter solely outside this
14State or (ii) for the purpose of being processed, fabricated,
15or manufactured into, attached to, or incorporated into other
16tangible personal property to be transported outside this
17State and thereafter used or consumed solely outside this
18State. The Director of Revenue shall, pursuant to rules
19adopted in accordance with the Illinois Administrative
20Procedure Act, issue a permit to any taxpayer in good standing
21with the Department who is eligible for the exemption under
22this paragraph (26). The permit issued under this paragraph
23(26) shall authorize the holder, to the extent and in the
24manner specified in the rules adopted under this Act, to
25purchase tangible personal property from a retailer exempt
26from the taxes imposed by this Act. Taxpayers shall maintain

 

 

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1all necessary books and records to substantiate the use and
2consumption of all such tangible personal property outside of
3the State of Illinois.
4    (27) Beginning January 1, 2008, tangible personal property
5used in the construction or maintenance of a community water
6supply, as defined under Section 3.145 of the Environmental
7Protection Act, that is operated by a not-for-profit
8corporation that holds a valid water supply permit issued
9under Title IV of the Environmental Protection Act. This
10paragraph is exempt from the provisions of Section 3-55.
11    (28) Tangible personal property sold to a
12public-facilities corporation, as described in Section
1311-65-10 of the Illinois Municipal Code, for purposes of
14constructing or furnishing a municipal convention hall, but
15only if the legal title to the municipal convention hall is
16transferred to the municipality without any further
17consideration by or on behalf of the municipality at the time
18of the completion of the municipal convention hall or upon the
19retirement or redemption of any bonds or other debt
20instruments issued by the public-facilities corporation in
21connection with the development of the municipal convention
22hall. This exemption includes existing public-facilities
23corporations as provided in Section 11-65-25 of the Illinois
24Municipal Code. This paragraph is exempt from the provisions
25of Section 3-55.
26    (29) Beginning January 1, 2010 and continuing through

 

 

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1December 31, 2029, materials, parts, equipment, components,
2and furnishings incorporated into or upon an aircraft as part
3of the modification, refurbishment, completion, replacement,
4repair, or maintenance of the aircraft. This exemption
5includes consumable supplies used in the modification,
6refurbishment, completion, replacement, repair, and
7maintenance of aircraft. However, until January 1, 2024, this
8exemption excludes any materials, parts, equipment,
9components, and consumable supplies used in the modification,
10replacement, repair, and maintenance of aircraft engines or
11power plants, whether such engines or power plants are
12installed or uninstalled upon any such aircraft. "Consumable
13supplies" include, but are not limited to, adhesive, tape,
14sandpaper, general purpose lubricants, cleaning solution,
15latex gloves, and protective films.
16    Beginning January 1, 2010 and continuing through December
1731, 2023, this exemption applies only to the transfer of
18qualifying tangible personal property incident to the
19modification, refurbishment, completion, replacement, repair,
20or maintenance of an aircraft by persons who (i) hold an Air
21Agency Certificate and are empowered to operate an approved
22repair station by the Federal Aviation Administration, (ii)
23have a Class IV Rating, and (iii) conduct operations in
24accordance with Part 145 of the Federal Aviation Regulations.
25The exemption does not include aircraft operated by a
26commercial air carrier providing scheduled passenger air

 

 

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1service pursuant to authority issued under Part 121 or Part
2129 of the Federal Aviation Regulations. From January 1, 2024
3through December 31, 2029, this exemption applies only to the
4use of qualifying tangible personal property by: (A) persons
5who modify, refurbish, complete, repair, replace, or maintain
6aircraft and who (i) hold an Air Agency Certificate and are
7empowered to operate an approved repair station by the Federal
8Aviation Administration, (ii) have a Class IV Rating, and
9(iii) conduct operations in accordance with Part 145 of the
10Federal Aviation Regulations; and (B) persons who engage in
11the modification, replacement, repair, and maintenance of
12aircraft engines or power plants without regard to whether or
13not those persons meet the qualifications of item (A).
14    The changes made to this paragraph (29) by Public Act
1598-534 are declarative of existing law. It is the intent of the
16General Assembly that the exemption under this paragraph (29)
17applies continuously from January 1, 2010 through December 31,
182024; however, no claim for credit or refund is allowed for
19taxes paid as a result of the disallowance of this exemption on
20or after January 1, 2015 and prior to February 5, 2020 (the
21effective date of Public Act 101-629).
22    (30) Beginning January 1, 2017 and through December 31,
232026, menstrual pads, tampons, and menstrual cups.
24    (31) Tangible personal property transferred to a purchaser
25who is exempt from tax by operation of federal law. This
26paragraph is exempt from the provisions of Section 3-55.

 

 

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1    (32) Qualified tangible personal property used in the
2construction or operation of a data center that has been
3granted a certificate of exemption by the Department of
4Commerce and Economic Opportunity, whether that tangible
5personal property is purchased by the owner, operator, or
6tenant of the data center or by a contractor or subcontractor
7of the owner, operator, or tenant. Data centers that would
8have qualified for a certificate of exemption prior to January
91, 2020 had Public Act 101-31 been in effect, may apply for and
10obtain an exemption for subsequent purchases of computer
11equipment or enabling software purchased or leased to upgrade,
12supplement, or replace computer equipment or enabling software
13purchased or leased in the original investment that would have
14qualified.
15    The Department of Commerce and Economic Opportunity shall
16grant a certificate of exemption under this item (32) to
17qualified data centers as defined by Section 605-1025 of the
18Department of Commerce and Economic Opportunity Law of the
19Civil Administrative Code of Illinois.
20    For the purposes of this item (32):
21        "Data center" means a building or a series of
22    buildings rehabilitated or constructed to house working
23    servers in one physical location or multiple sites within
24    the State of Illinois.
25        "Qualified tangible personal property" means:
26    electrical systems and equipment; climate control and

 

 

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1    chilling equipment and systems; mechanical systems and
2    equipment; monitoring and secure systems; emergency
3    generators; hardware; computers; servers; data storage
4    devices; network connectivity equipment; racks; cabinets;
5    telecommunications cabling infrastructure; raised floor
6    systems; peripheral components or systems; software;
7    mechanical, electrical, or plumbing systems; battery
8    systems; cooling systems and towers; temperature control
9    systems; other cabling; and other data center
10    infrastructure equipment and systems necessary to operate
11    qualified tangible personal property, including fixtures;
12    and component parts of any of the foregoing, including
13    installation, maintenance, repair, refurbishment, and
14    replacement of qualified tangible personal property to
15    generate, transform, transmit, distribute, or manage
16    electricity necessary to operate qualified tangible
17    personal property; and all other tangible personal
18    property that is essential to the operations of a computer
19    data center. The term "qualified tangible personal
20    property" also includes building materials physically
21    incorporated into in to the qualifying data center. To
22    document the exemption allowed under this Section, the
23    retailer must obtain from the purchaser a copy of the
24    certificate of eligibility issued by the Department of
25    Commerce and Economic Opportunity.
26    This item (32) is exempt from the provisions of Section

 

 

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13-55.
2    (33) Beginning July 1, 2022, breast pumps, breast pump
3collection and storage supplies, and breast pump kits. This
4item (33) is exempt from the provisions of Section 3-55. As
5used in this item (33):
6        "Breast pump" means an electrically controlled or
7    manually controlled pump device designed or marketed to be
8    used to express milk from a human breast during lactation,
9    including the pump device and any battery, AC adapter, or
10    other power supply unit that is used to power the pump
11    device and is packaged and sold with the pump device at the
12    time of sale.
13        "Breast pump collection and storage supplies" means
14    items of tangible personal property designed or marketed
15    to be used in conjunction with a breast pump to collect
16    milk expressed from a human breast and to store collected
17    milk until it is ready for consumption.
18        "Breast pump collection and storage supplies"
19    includes, but is not limited to: breast shields and breast
20    shield connectors; breast pump tubes and tubing adapters;
21    breast pump valves and membranes; backflow protectors and
22    backflow protector adaptors; bottles and bottle caps
23    specific to the operation of the breast pump; and breast
24    milk storage bags.
25        "Breast pump collection and storage supplies" does not
26    include: (1) bottles and bottle caps not specific to the

 

 

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1    operation of the breast pump; (2) breast pump travel bags
2    and other similar carrying accessories, including ice
3    packs, labels, and other similar products; (3) breast pump
4    cleaning supplies; (4) nursing bras, bra pads, breast
5    shells, and other similar products; and (5) creams,
6    ointments, and other similar products that relieve
7    breastfeeding-related symptoms or conditions of the
8    breasts or nipples, unless sold as part of a breast pump
9    kit that is pre-packaged by the breast pump manufacturer
10    or distributor.
11        "Breast pump kit" means a kit that: (1) contains no
12    more than a breast pump, breast pump collection and
13    storage supplies, a rechargeable battery for operating the
14    breast pump, a breastmilk cooler, bottle stands, ice
15    packs, and a breast pump carrying case; and (2) is
16    pre-packaged as a breast pump kit by the breast pump
17    manufacturer or distributor.
18    (34) Tangible personal property sold by or on behalf of
19the State Treasurer pursuant to the Revised Uniform Unclaimed
20Property Act. This item (34) is exempt from the provisions of
21Section 3-55.
22    (35) Beginning on January 1, 2024, tangible personal
23property purchased by an active duty member of the armed
24forces of the United States who presents valid military
25identification and purchases the property using a form of
26payment where the federal government is the payor. The member

 

 

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1of the armed forces must complete, at the point of sale, a form
2prescribed by the Department of Revenue documenting that the
3transaction is eligible for the exemption under this
4paragraph. Retailers must keep the form as documentation of
5the exemption in their records for a period of not less than 6
6years. "Armed forces of the United States" means the United
7States Army, Navy, Air Force, Marine Corps, or Coast Guard.
8This paragraph is exempt from the provisions of Section 3-55.
9(Source: P.A. 102-16, eff. 6-17-21; 102-700, Article 70,
10Section 70-15, eff. 4-19-22; 102-700, Article 75, Section
1175-15, eff. 4-19-22; 102-1026, eff. 5-27-22; 103-9, Article 5,
12Section 5-15, eff. 6-7-23; 103-9, Article 15, Section 15-15,
13eff. 6-7-23; 103-154, eff. 6-30-23; 103-384, eff. 1-1-24;
14revised 12-12-23.)
 
15    (35 ILCS 115/9)  (from Ch. 120, par. 439.109)
16    Sec. 9. Each serviceman required or authorized to collect
17the tax herein imposed shall pay to the Department the amount
18of such tax at the time when he is required to file his return
19for the period during which such tax was collectible, less a
20discount of 2.1% prior to January 1, 1990, and 1.75% on and
21after January 1, 1990, or $5 per calendar year, whichever is
22greater, which is allowed to reimburse the serviceman for
23expenses incurred in collecting the tax, keeping records,
24preparing and filing returns, remitting the tax, and supplying
25data to the Department on request. When determining the

 

 

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1discount allowed under this Section, servicemen shall include
2the amount of tax that would have been due at the 1% rate but
3for the 0% rate imposed under Public Act 102-700 this
4amendatory Act of the 102nd General Assembly. The discount
5under this Section is not allowed for the 1.25% portion of
6taxes paid on aviation fuel that is subject to the revenue use
7requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133. The
8discount allowed under this Section is allowed only for
9returns that are filed in the manner required by this Act. The
10Department may disallow the discount for servicemen whose
11certificate of registration is revoked at the time the return
12is filed, but only if the Department's decision to revoke the
13certificate of registration has become final.
14    Where such tangible personal property is sold under a
15conditional sales contract, or under any other form of sale
16wherein the payment of the principal sum, or a part thereof, is
17extended beyond the close of the period for which the return is
18filed, the serviceman, in collecting the tax may collect, for
19each tax return period, only the tax applicable to the part of
20the selling price actually received during such tax return
21period.
22    Except as provided hereinafter in this Section, on or
23before the twentieth day of each calendar month, such
24serviceman shall file a return for the preceding calendar
25month in accordance with reasonable rules and regulations to
26be promulgated by the Department of Revenue. Such return shall

 

 

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1be filed on a form prescribed by the Department and shall
2contain such information as the Department may reasonably
3require. The return shall include the gross receipts which
4were received during the preceding calendar month or quarter
5on the following items upon which tax would have been due but
6for the 0% rate imposed under Public Act 102-700 this
7amendatory Act of the 102nd General Assembly: (i) food for
8human consumption that is to be consumed off the premises
9where it is sold (other than alcoholic beverages, food
10consisting of or infused with adult use cannabis, soft drinks,
11and food that has been prepared for immediate consumption);
12and (ii) food prepared for immediate consumption and
13transferred incident to a sale of service subject to this Act
14or the Service Use Tax Act by an entity licensed under the
15Hospital Licensing Act, the Nursing Home Care Act, the
16Assisted Living and Shared Housing Act, the ID/DD Community
17Care Act, the MC/DD Act, the Specialized Mental Health
18Rehabilitation Act of 2013, or the Child Care Act of 1969, or
19an entity that holds a permit issued pursuant to the Life Care
20Facilities Act. The return shall also include the amount of
21tax that would have been due on the items listed in the
22previous sentence but for the 0% rate imposed under Public Act
23102-700 this amendatory Act of the 102nd General Assembly.
24    On and after January 1, 2018, with respect to servicemen
25whose annual gross receipts average $20,000 or more, all
26returns required to be filed pursuant to this Act shall be

 

 

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1filed electronically. Servicemen who demonstrate that they do
2not have access to the Internet or demonstrate hardship in
3filing electronically may petition the Department to waive the
4electronic filing requirement.
5    The Department may require returns to be filed on a
6quarterly basis. If so required, a return for each calendar
7quarter shall be filed on or before the twentieth day of the
8calendar month following the end of such calendar quarter. The
9taxpayer shall also file a return with the Department for each
10of the first two months of each calendar quarter, on or before
11the twentieth day of the following calendar month, stating:
12        1. The name of the seller;
13        2. The address of the principal place of business from
14    which he engages in business as a serviceman in this
15    State;
16        3. The total amount of taxable receipts received by
17    him during the preceding calendar month, including
18    receipts from charge and time sales, but less all
19    deductions allowed by law;
20        4. The amount of credit provided in Section 2d of this
21    Act;
22        5. The amount of tax due;
23        5-5. The signature of the taxpayer; and
24        6. Such other reasonable information as the Department
25    may require.
26    Each serviceman required or authorized to collect the tax

 

 

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1herein imposed on aviation fuel acquired as an incident to the
2purchase of a service in this State during the preceding
3calendar month shall, instead of reporting and paying tax as
4otherwise required by this Section, report and pay such tax on
5a separate aviation fuel tax return. The requirements related
6to the return shall be as otherwise provided in this Section.
7Notwithstanding any other provisions of this Act to the
8contrary, servicemen transferring aviation fuel incident to
9sales of service shall file all aviation fuel tax returns and
10shall make all aviation fuel tax payments by electronic means
11in the manner and form required by the Department. For
12purposes of this Section, "aviation fuel" means jet fuel and
13aviation gasoline.
14    If a taxpayer fails to sign a return within 30 days after
15the proper notice and demand for signature by the Department,
16the return shall be considered valid and any amount shown to be
17due on the return shall be deemed assessed.
18    Notwithstanding any other provision of this Act to the
19contrary, servicemen subject to tax on cannabis shall file all
20cannabis tax returns and shall make all cannabis tax payments
21by electronic means in the manner and form required by the
22Department.
23    Prior to October 1, 2003, and on and after September 1,
242004 a serviceman may accept a Manufacturer's Purchase Credit
25certification from a purchaser in satisfaction of Service Use
26Tax as provided in Section 3-70 of the Service Use Tax Act if

 

 

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1the purchaser provides the appropriate documentation as
2required by Section 3-70 of the Service Use Tax Act. A
3Manufacturer's Purchase Credit certification, accepted prior
4to October 1, 2003 or on or after September 1, 2004 by a
5serviceman as provided in Section 3-70 of the Service Use Tax
6Act, may be used by that serviceman to satisfy Service
7Occupation Tax liability in the amount claimed in the
8certification, not to exceed 6.25% of the receipts subject to
9tax from a qualifying purchase. A Manufacturer's Purchase
10Credit reported on any original or amended return filed under
11this Act after October 20, 2003 for reporting periods prior to
12September 1, 2004 shall be disallowed. Manufacturer's Purchase
13Credit reported on annual returns due on or after January 1,
142005 will be disallowed for periods prior to September 1,
152004. No Manufacturer's Purchase Credit may be used after
16September 30, 2003 through August 31, 2004 to satisfy any tax
17liability imposed under this Act, including any audit
18liability.
19    Beginning on July 1, 2023 and through December 31, 2032, a
20serviceman may accept a Sustainable Aviation Fuel Purchase
21Credit certification from an air common carrier-purchaser in
22satisfaction of Service Use Tax as provided in Section 3-72 of
23the Service Use Tax Act if the purchaser provides the
24appropriate documentation as required by Section 3-72 of the
25Service Use Tax Act. A Sustainable Aviation Fuel Purchase
26Credit certification accepted by a serviceman in accordance

 

 

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1with this paragraph may be used by that serviceman to satisfy
2service occupation tax liability (but not in satisfaction of
3penalty or interest) in the amount claimed in the
4certification, not to exceed 6.25% of the receipts subject to
5tax from a sale of aviation fuel. In addition, for a sale of
6aviation fuel to qualify to earn the Sustainable Aviation Fuel
7Purchase Credit, servicemen must retain in their books and
8records a certification from the producer of the aviation fuel
9that the aviation fuel sold by the serviceman and for which a
10sustainable aviation fuel purchase credit was earned meets the
11definition of sustainable aviation fuel under Section 3-72 of
12the Service Use Tax Act. The documentation must include detail
13sufficient for the Department to determine the number of
14gallons of sustainable aviation fuel sold.
15    If the serviceman's average monthly tax liability to the
16Department does not exceed $200, the Department may authorize
17his returns to be filed on a quarter annual basis, with the
18return for January, February, and March of a given year being
19due by April 20 of such year; with the return for April, May,
20and June of a given year being due by July 20 of such year;
21with the return for July, August, and September of a given year
22being due by October 20 of such year, and with the return for
23October, November, and December of a given year being due by
24January 20 of the following year.
25    If the serviceman's average monthly tax liability to the
26Department does not exceed $50, the Department may authorize

 

 

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1his returns to be filed on an annual basis, with the return for
2a given year being due by January 20 of the following year.
3    Such quarter annual and annual returns, as to form and
4substance, shall be subject to the same requirements as
5monthly returns.
6    Notwithstanding any other provision in this Act concerning
7the time within which a serviceman may file his return, in the
8case of any serviceman who ceases to engage in a kind of
9business which makes him responsible for filing returns under
10this Act, such serviceman shall file a final return under this
11Act with the Department not more than one 1 month after
12discontinuing such business.
13    Beginning October 1, 1993, a taxpayer who has an average
14monthly tax liability of $150,000 or more shall make all
15payments required by rules of the Department by electronic
16funds transfer. Beginning October 1, 1994, a taxpayer who has
17an average monthly tax liability of $100,000 or more shall
18make all payments required by rules of the Department by
19electronic funds transfer. Beginning October 1, 1995, a
20taxpayer who has an average monthly tax liability of $50,000
21or more shall make all payments required by rules of the
22Department by electronic funds transfer. Beginning October 1,
232000, a taxpayer who has an annual tax liability of $200,000 or
24more shall make all payments required by rules of the
25Department by electronic funds transfer. The term "annual tax
26liability" shall be the sum of the taxpayer's liabilities

 

 

HB4844 Engrossed- 589 -LRB103 39009 AMC 69146 b

1under this Act, and under all other State and local occupation
2and use tax laws administered by the Department, for the
3immediately preceding calendar year. The term "average monthly
4tax liability" means the sum of the taxpayer's liabilities
5under this Act, and under all other State and local occupation
6and use tax laws administered by the Department, for the
7immediately preceding calendar year divided by 12. Beginning
8on October 1, 2002, a taxpayer who has a tax liability in the
9amount set forth in subsection (b) of Section 2505-210 of the
10Department of Revenue Law shall make all payments required by
11rules of the Department by electronic funds transfer.
12    Before August 1 of each year beginning in 1993, the
13Department shall notify all taxpayers required to make
14payments by electronic funds transfer. All taxpayers required
15to make payments by electronic funds transfer shall make those
16payments for a minimum of one year beginning on October 1.
17    Any taxpayer not required to make payments by electronic
18funds transfer may make payments by electronic funds transfer
19with the permission of the Department.
20    All taxpayers required to make payment by electronic funds
21transfer and any taxpayers authorized to voluntarily make
22payments by electronic funds transfer shall make those
23payments in the manner authorized by the Department.
24    The Department shall adopt such rules as are necessary to
25effectuate a program of electronic funds transfer and the
26requirements of this Section.

 

 

HB4844 Engrossed- 590 -LRB103 39009 AMC 69146 b

1    Where a serviceman collects the tax with respect to the
2selling price of tangible personal property which he sells and
3the purchaser thereafter returns such tangible personal
4property and the serviceman refunds the selling price thereof
5to the purchaser, such serviceman shall also refund, to the
6purchaser, the tax so collected from the purchaser. When
7filing his return for the period in which he refunds such tax
8to the purchaser, the serviceman may deduct the amount of the
9tax so refunded by him to the purchaser from any other Service
10Occupation Tax, Service Use Tax, Retailers' Occupation Tax, or
11Use Tax which such serviceman may be required to pay or remit
12to the Department, as shown by such return, provided that the
13amount of the tax to be deducted shall previously have been
14remitted to the Department by such serviceman. If the
15serviceman shall not previously have remitted the amount of
16such tax to the Department, he shall be entitled to no
17deduction hereunder upon refunding such tax to the purchaser.
18    If experience indicates such action to be practicable, the
19Department may prescribe and furnish a combination or joint
20return which will enable servicemen, who are required to file
21returns hereunder and also under the Retailers' Occupation Tax
22Act, the Use Tax Act, or the Service Use Tax Act, to furnish
23all the return information required by all said Acts on the one
24form.
25    Where the serviceman has more than one business registered
26with the Department under separate registrations hereunder,

 

 

HB4844 Engrossed- 591 -LRB103 39009 AMC 69146 b

1such serviceman shall file separate returns for each
2registered business.
3    Beginning January 1, 1990, each month the Department shall
4pay into the Local Government Tax Fund the revenue realized
5for the preceding month from the 1% tax imposed under this Act.
6    Beginning January 1, 1990, each month the Department shall
7pay into the County and Mass Transit District Fund 4% of the
8revenue realized for the preceding month from the 6.25%
9general rate on sales of tangible personal property other than
10aviation fuel sold on or after December 1, 2019. This
11exception for aviation fuel only applies for so long as the
12revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.
1347133 are binding on the State.
14    Beginning August 1, 2000, each month the Department shall
15pay into the County and Mass Transit District Fund 20% of the
16net revenue realized for the preceding month from the 1.25%
17rate on the selling price of motor fuel and gasohol.
18    Beginning January 1, 1990, each month the Department shall
19pay into the Local Government Tax Fund 16% of the revenue
20realized for the preceding month from the 6.25% general rate
21on transfers of tangible personal property other than aviation
22fuel sold on or after December 1, 2019. This exception for
23aviation fuel only applies for so long as the revenue use
24requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are
25binding on the State.
26    For aviation fuel sold on or after December 1, 2019, each

 

 

HB4844 Engrossed- 592 -LRB103 39009 AMC 69146 b

1month the Department shall pay into the State Aviation Program
2Fund 20% of the net revenue realized for the preceding month
3from the 6.25% general rate on the selling price of aviation
4fuel, less an amount estimated by the Department to be
5required for refunds of the 20% portion of the tax on aviation
6fuel under this Act, which amount shall be deposited into the
7Aviation Fuel Sales Tax Refund Fund. The Department shall only
8pay moneys into the State Aviation Program Fund and the
9Aviation Fuel Sales Tax Refund Fund under this Act for so long
10as the revenue use requirements of 49 U.S.C. 47107(b) and 49
11U.S.C. 47133 are binding on the State.
12    Beginning August 1, 2000, each month the Department shall
13pay into the Local Government Tax Fund 80% of the net revenue
14realized for the preceding month from the 1.25% rate on the
15selling price of motor fuel and gasohol.
16    Beginning October 1, 2009, each month the Department shall
17pay into the Capital Projects Fund an amount that is equal to
18an amount estimated by the Department to represent 80% of the
19net revenue realized for the preceding month from the sale of
20candy, grooming and hygiene products, and soft drinks that had
21been taxed at a rate of 1% prior to September 1, 2009 but that
22are now taxed at 6.25%.
23    Beginning July 1, 2013, each month the Department shall
24pay into the Underground Storage Tank Fund from the proceeds
25collected under this Act, the Use Tax Act, the Service Use Tax
26Act, and the Retailers' Occupation Tax Act an amount equal to

 

 

HB4844 Engrossed- 593 -LRB103 39009 AMC 69146 b

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

 

 

HB4844 Engrossed- 594 -LRB103 39009 AMC 69146 b

1Service Occupation Tax Act, such Acts being hereinafter called
2the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case
3may be, of moneys being hereinafter called the "Tax Act
4Amount", and (2) the amount transferred to the Build Illinois
5Fund from the State and Local Sales Tax Reform Fund shall be
6less than the Annual Specified Amount (as defined in Section 3
7of the Retailers' Occupation Tax Act), an amount equal to the
8difference shall be immediately paid into the Build Illinois
9Fund from other moneys received by the Department pursuant to
10the Tax Acts; and further provided, that if on the last
11business day of any month the sum of (1) the Tax Act Amount
12required to be deposited into the Build Illinois Account in
13the Build Illinois Fund during such month and (2) the amount
14transferred during such month to the Build Illinois Fund from
15the State and Local Sales Tax Reform Fund shall have been less
16than 1/12 of the Annual Specified Amount, an amount equal to
17the difference shall be immediately paid into the Build
18Illinois Fund from other moneys received by the Department
19pursuant to the Tax Acts; and, further provided, that in no
20event shall the payments required under the preceding proviso
21result in aggregate payments into the Build Illinois Fund
22pursuant to this clause (b) for any fiscal year in excess of
23the greater of (i) the Tax Act Amount or (ii) the Annual
24Specified Amount for such fiscal year; and, further provided,
25that the amounts payable into the Build Illinois Fund under
26this clause (b) shall be payable only until such time as the

 

 

HB4844 Engrossed- 595 -LRB103 39009 AMC 69146 b

1aggregate amount on deposit under each trust indenture
2securing Bonds issued and outstanding pursuant to the Build
3Illinois Bond Act is sufficient, taking into account any
4future investment income, to fully provide, in accordance with
5such indenture, for the defeasance of or the payment of the
6principal of, premium, if any, and interest on the Bonds
7secured by such indenture and on any Bonds expected to be
8issued thereafter and all fees and costs payable with respect
9thereto, all as certified by the Director of the Bureau of the
10Budget (now Governor's Office of Management and Budget). If on
11the last business day of any month in which Bonds are
12outstanding pursuant to the Build Illinois Bond Act, the
13aggregate of the moneys deposited in the Build Illinois Bond
14Account in the Build Illinois Fund in such month shall be less
15than the amount required to be transferred in such month from
16the Build Illinois Bond Account to the Build Illinois Bond
17Retirement and Interest Fund pursuant to Section 13 of the
18Build Illinois Bond Act, an amount equal to such deficiency
19shall be immediately paid from other moneys received by the
20Department pursuant to the Tax Acts to the Build Illinois
21Fund; provided, however, that any amounts paid to the Build
22Illinois Fund in any fiscal year pursuant to this sentence
23shall be deemed to constitute payments pursuant to clause (b)
24of the preceding sentence and shall reduce the amount
25otherwise payable for such fiscal year pursuant to clause (b)
26of the preceding sentence. The moneys received by the

 

 

HB4844 Engrossed- 596 -LRB103 39009 AMC 69146 b

1Department pursuant to this Act and required to be deposited
2into the Build Illinois Fund are subject to the pledge, claim
3and charge set forth in Section 12 of the Build Illinois Bond
4Act.
5    Subject to payment of amounts into the Build Illinois Fund
6as provided in the preceding paragraph or in any amendment
7thereto hereafter enacted, the following specified monthly
8installment of the amount requested in the certificate of the
9Chairman of the Metropolitan Pier and Exposition Authority
10provided under Section 8.25f of the State Finance Act, but not
11in excess of the sums designated as "Total Deposit", shall be
12deposited in the aggregate from collections under Section 9 of
13the Use Tax Act, Section 9 of the Service Use Tax Act, Section
149 of the Service Occupation Tax Act, and Section 3 of the
15Retailers' Occupation Tax Act into the McCormick Place
16Expansion Project Fund in the specified fiscal years.
 
17Fiscal YearTotal Deposit
181993         $0
191994 53,000,000
201995 58,000,000
211996 61,000,000
221997 64,000,000
231998 68,000,000
241999 71,000,000
252000 75,000,000

 

 

HB4844 Engrossed- 597 -LRB103 39009 AMC 69146 b

12001 80,000,000
22002 93,000,000
32003 99,000,000
42004103,000,000
52005108,000,000
62006113,000,000
72007119,000,000
82008126,000,000
92009132,000,000
102010139,000,000
112011146,000,000
122012153,000,000
132013161,000,000
142014170,000,000
152015179,000,000
162016189,000,000
172017199,000,000
182018210,000,000
192019221,000,000
202020233,000,000
212021300,000,000
222022300,000,000
232023300,000,000
242024 300,000,000
252025 300,000,000
262026 300,000,000

 

 

HB4844 Engrossed- 598 -LRB103 39009 AMC 69146 b

12027 375,000,000
22028 375,000,000
32029 375,000,000
42030 375,000,000
52031 375,000,000
62032 375,000,000
72033 375,000,000
82034375,000,000
92035375,000,000
102036450,000,000
11and
12each fiscal year
13thereafter that bonds
14are outstanding under
15Section 13.2 of the
16Metropolitan Pier and
17Exposition Authority Act,
18but not after fiscal year 2060.
19    Beginning July 20, 1993 and in each month of each fiscal
20year thereafter, one-eighth of the amount requested in the
21certificate of the Chairman of the Metropolitan Pier and
22Exposition Authority for that fiscal year, less the amount
23deposited into the McCormick Place Expansion Project Fund by
24the State Treasurer in the respective month under subsection
25(g) of Section 13 of the Metropolitan Pier and Exposition
26Authority Act, plus cumulative deficiencies in the deposits

 

 

HB4844 Engrossed- 599 -LRB103 39009 AMC 69146 b

1required under this Section for previous months and years,
2shall be deposited into the McCormick Place Expansion Project
3Fund, until the full amount requested for the fiscal year, but
4not in excess of the amount specified above as "Total
5Deposit", has been deposited.
6    Subject to payment of amounts into the Capital Projects
7Fund, the Build Illinois Fund, and the McCormick Place
8Expansion Project Fund pursuant to the preceding paragraphs or
9in any amendments thereto hereafter enacted, for aviation fuel
10sold on or after December 1, 2019, the Department shall each
11month deposit into the Aviation Fuel Sales Tax Refund Fund an
12amount estimated by the Department to be required for refunds
13of the 80% portion of the tax on aviation fuel under this Act.
14The Department shall only deposit moneys into the Aviation
15Fuel Sales Tax Refund Fund under this paragraph for so long as
16the revenue use requirements of 49 U.S.C. 47107(b) and 49
17U.S.C. 47133 are binding on the State.
18    Subject to payment of amounts into the Build Illinois Fund
19and the McCormick Place Expansion Project Fund pursuant to the
20preceding paragraphs or in any amendments thereto hereafter
21enacted, beginning July 1, 1993 and ending on September 30,
222013, the Department shall each month pay into the Illinois
23Tax Increment Fund 0.27% of 80% of the net revenue realized for
24the preceding month from the 6.25% general rate on the selling
25price of tangible personal property.
26    Subject to payment of amounts into the Build Illinois

 

 

HB4844 Engrossed- 600 -LRB103 39009 AMC 69146 b

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

 

 

HB4844 Engrossed- 601 -LRB103 39009 AMC 69146 b

1public-private agreement between the public agency and private
2entity and completion of the civic build, beginning on July 1,
32023, of the remainder of the moneys received by the
4Department under the Use Tax Act, the Service Use Tax Act, the
5Service Occupation Tax Act, and this Act, the Department shall
6deposit the following specified deposits in the aggregate from
7collections under the Use Tax Act, the Service Use Tax Act, the
8Service Occupation Tax Act, and the Retailers' Occupation Tax
9Act, as required under Section 8.25g of the State Finance Act
10for distribution consistent with the Public-Private
11Partnership for Civic and Transit Infrastructure Project Act.
12The moneys received by the Department pursuant to this Act and
13required to be deposited into the Civic and Transit
14Infrastructure Fund are subject to the pledge, claim and
15charge set forth in Section 25-55 of the Public-Private
16Partnership for Civic and Transit Infrastructure Project Act.
17As used in this paragraph, "civic build", "private entity",
18"public-private agreement", and "public agency" have the
19meanings provided in Section 25-10 of the Public-Private
20Partnership for Civic and Transit Infrastructure Project Act.
21        Fiscal Year............................Total Deposit
22        2024....................................$200,000,000
23        2025....................................$206,000,000
24        2026....................................$212,200,000
25        2027....................................$218,500,000
26        2028....................................$225,100,000

 

 

HB4844 Engrossed- 602 -LRB103 39009 AMC 69146 b

1        2029....................................$288,700,000
2        2030....................................$298,900,000
3        2031....................................$309,300,000
4        2032....................................$320,100,000
5        2033....................................$331,200,000
6        2034....................................$341,200,000
7        2035....................................$351,400,000
8        2036....................................$361,900,000
9        2037....................................$372,800,000
10        2038....................................$384,000,000
11        2039....................................$395,500,000
12        2040....................................$407,400,000
13        2041....................................$419,600,000
14        2042....................................$432,200,000
15        2043....................................$445,100,000
16    Beginning July 1, 2021 and until July 1, 2022, subject to
17the payment of amounts into the County and Mass Transit
18District Fund, the Local Government Tax Fund, the Build
19Illinois Fund, the McCormick Place Expansion Project Fund, the
20Illinois Tax Increment Fund, and the Tax Compliance and
21Administration Fund as provided in this Section, the
22Department shall pay each month into the Road Fund the amount
23estimated to represent 16% of the net revenue realized from
24the taxes imposed on motor fuel and gasohol. Beginning July 1,
252022 and until July 1, 2023, subject to the payment of amounts
26into the County and Mass Transit District Fund, the Local

 

 

HB4844 Engrossed- 603 -LRB103 39009 AMC 69146 b

1Government Tax Fund, the Build Illinois Fund, the McCormick
2Place Expansion Project Fund, the Illinois Tax Increment Fund,
3and the Tax Compliance and Administration Fund as provided in
4this Section, the Department shall pay each month into the
5Road Fund the amount estimated to represent 32% of the net
6revenue realized from the taxes imposed on motor fuel and
7gasohol. Beginning July 1, 2023 and until July 1, 2024,
8subject to the payment of amounts into the County and Mass
9Transit District Fund, the Local Government Tax Fund, the
10Build Illinois Fund, the McCormick Place Expansion Project
11Fund, the Illinois Tax Increment Fund, and the Tax Compliance
12and Administration Fund as provided in this Section, the
13Department shall pay each month into the Road Fund the amount
14estimated to represent 48% of the net revenue realized from
15the taxes imposed on motor fuel and gasohol. Beginning July 1,
162024 and until July 1, 2025, subject to the payment of amounts
17into the County and Mass Transit District Fund, the Local
18Government Tax Fund, the Build Illinois Fund, the McCormick
19Place Expansion Project Fund, the Illinois Tax Increment Fund,
20and the Tax Compliance and Administration Fund as provided in
21this Section, the Department shall pay each month into the
22Road Fund the amount estimated to represent 64% of the net
23revenue realized from the taxes imposed on motor fuel and
24gasohol. Beginning on July 1, 2025, subject to the payment of
25amounts into the County and Mass Transit District Fund, the
26Local Government Tax Fund, the Build Illinois Fund, the

 

 

HB4844 Engrossed- 604 -LRB103 39009 AMC 69146 b

1McCormick Place Expansion Project Fund, the Illinois Tax
2Increment Fund, and the Tax Compliance and Administration Fund
3as provided in this Section, the Department shall pay each
4month into the Road Fund the amount estimated to represent 80%
5of the net revenue realized from the taxes imposed on motor
6fuel and gasohol. As used in this paragraph "motor fuel" has
7the meaning given to that term in Section 1.1 of the Motor Fuel
8Tax Law, and "gasohol" has the meaning given to that term in
9Section 3-40 of the Use Tax Act.
10    Of the remainder of the moneys received by the Department
11pursuant to this Act, 75% shall be paid into the General
12Revenue Fund of the State treasury Treasury and 25% shall be
13reserved in a special account and used only for the transfer to
14the Common School Fund as part of the monthly transfer from the
15General Revenue Fund in accordance with Section 8a of the
16State Finance Act.
17    The Department may, upon separate written notice to a
18taxpayer, require the taxpayer to prepare and file with the
19Department on a form prescribed by the Department within not
20less than 60 days after receipt of the notice an annual
21information return for the tax year specified in the notice.
22Such annual return to the Department shall include a statement
23of gross receipts as shown by the taxpayer's last federal
24Federal income tax return. If the total receipts of the
25business as reported in the federal Federal income tax return
26do not agree with the gross receipts reported to the

 

 

HB4844 Engrossed- 605 -LRB103 39009 AMC 69146 b

1Department of Revenue for the same period, the taxpayer shall
2attach to his annual return a schedule showing a
3reconciliation of the 2 amounts and the reasons for the
4difference. The taxpayer's annual return to the Department
5shall also disclose the cost of goods sold by the taxpayer
6during the year covered by such return, opening and closing
7inventories of such goods for such year, cost of goods used
8from stock or taken from stock and given away by the taxpayer
9during such year, pay roll information of the taxpayer's
10business during such year and any additional reasonable
11information which the Department deems would be helpful in
12determining the accuracy of the monthly, quarterly or annual
13returns filed by such taxpayer as hereinbefore provided for in
14this Section.
15    If the annual information return required by this Section
16is not filed when and as required, the taxpayer shall be liable
17as follows:
18        (i) Until January 1, 1994, the taxpayer shall be
19    liable for a penalty equal to 1/6 of 1% of the tax due from
20    such taxpayer under this Act during the period to be
21    covered by the annual return for each month or fraction of
22    a month until such return is filed as required, the
23    penalty to be assessed and collected in the same manner as
24    any other penalty provided for in this Act.
25        (ii) On and after January 1, 1994, the taxpayer shall
26    be liable for a penalty as described in Section 3-4 of the

 

 

HB4844 Engrossed- 606 -LRB103 39009 AMC 69146 b

1    Uniform Penalty and Interest Act.
2    The chief executive officer, proprietor, owner, or highest
3ranking manager shall sign the annual return to certify the
4accuracy of the information contained therein. Any person who
5willfully signs the annual return containing false or
6inaccurate information shall be guilty of perjury and punished
7accordingly. The annual return form prescribed by the
8Department shall include a warning that the person signing the
9return may be liable for perjury.
10    The foregoing portion of this Section concerning the
11filing of an annual information return shall not apply to a
12serviceman who is not required to file an income tax return
13with the United States Government.
14    As soon as possible after the first day of each month, upon
15certification of the Department of Revenue, the Comptroller
16shall order transferred and the Treasurer shall transfer from
17the General Revenue Fund to the Motor Fuel Tax Fund an amount
18equal to 1.7% of 80% of the net revenue realized under this Act
19for the second preceding month. Beginning April 1, 2000, this
20transfer is no longer required and shall not be made.
21    Net revenue realized for a month shall be the revenue
22collected by the State pursuant to this Act, less the amount
23paid out during that month as refunds to taxpayers for
24overpayment of liability.
25    For greater simplicity of administration, it shall be
26permissible for manufacturers, importers and wholesalers whose

 

 

HB4844 Engrossed- 607 -LRB103 39009 AMC 69146 b

1products are sold by numerous servicemen in Illinois, and who
2wish to do so, to assume the responsibility for accounting and
3paying to the Department all tax accruing under this Act with
4respect to such sales, if the servicemen who are affected do
5not make written objection to the Department to this
6arrangement.
7(Source: P.A. 102-700, eff. 4-19-22; 103-9, eff. 6-7-23;
8103-363, eff. 7-28-23; revised 9-25-23.)
 
9    (35 ILCS 115/12)  (from Ch. 120, par. 439.112)
10    Sec. 12. All of the provisions of Sections 1d, 1e, 1f, 1i,
111j, 1j.1, 1k, 1m, 1n, 1o, 2-6, 2-12, 2-54, 2a, 2b, 2c, 3
12(except as to the disposition by the Department of the tax
13collected under this Act), 4 (except that the time limitation
14provisions shall run from the date when the tax is due rather
15than from the date when gross receipts are received), 5
16(except that the time limitation provisions on the issuance of
17notices of tax liability shall run from the date when the tax
18is due rather than from the date when gross receipts are
19received), 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5j, 5k, 5l, 5m, 5n, 6d,
207, 8, 9, 10, 11, and 12 of the "Retailers' Occupation Tax Act"
21which are not inconsistent with this Act, and Section 3-7 of
22the Uniform Penalty and Interest Act shall apply, as far as
23practicable, to the subject matter of this Act to the same
24extent as if such provisions were included herein.
25(Source: P.A. 102-700, eff. 4-19-22; 103-9, eff. 6-7-23;

 

 

HB4844 Engrossed- 608 -LRB103 39009 AMC 69146 b

1revised 9-26-23.)
 
2    Section 205. The Retailers' Occupation Tax Act is amended
3by changing Sections 2-5 and 3 as follows:
 
4    (35 ILCS 120/2-5)
5    Sec. 2-5. Exemptions. Gross receipts from proceeds from
6the sale of the following tangible personal property are
7exempt from the tax imposed by this Act:
8        (1) Farm chemicals.
9        (2) Farm machinery and equipment, both new and used,
10    including that manufactured on special order, certified by
11    the purchaser to be used primarily for production
12    agriculture or State or federal agricultural programs,
13    including individual replacement parts for the machinery
14    and equipment, including machinery and equipment purchased
15    for lease, and including implements of husbandry defined
16    in Section 1-130 of the Illinois Vehicle Code, farm
17    machinery and agricultural chemical and fertilizer
18    spreaders, and nurse wagons required to be registered
19    under Section 3-809 of the Illinois Vehicle Code, but
20    excluding other motor vehicles required to be registered
21    under the Illinois Vehicle Code. Horticultural polyhouses
22    or hoop houses used for propagating, growing, or
23    overwintering plants shall be considered farm machinery
24    and equipment under this item (2). Agricultural chemical

 

 

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1    tender tanks and dry boxes shall include units sold
2    separately from a motor vehicle required to be licensed
3    and units sold mounted on a motor vehicle required to be
4    licensed, if the selling price of the tender is separately
5    stated.
6        Farm machinery and equipment shall include precision
7    farming equipment that is installed or purchased to be
8    installed on farm machinery and equipment including, but
9    not limited to, tractors, harvesters, sprayers, planters,
10    seeders, or spreaders. Precision farming equipment
11    includes, but is not limited to, soil testing sensors,
12    computers, monitors, software, global positioning and
13    mapping systems, and other such equipment.
14        Farm machinery and equipment also includes computers,
15    sensors, software, and related equipment used primarily in
16    the computer-assisted operation of production agriculture
17    facilities, equipment, and activities such as, but not
18    limited to, the collection, monitoring, and correlation of
19    animal and crop data for the purpose of formulating animal
20    diets and agricultural chemicals.
21        Beginning on January 1, 2024, farm machinery and
22    equipment also includes electrical power generation
23    equipment used primarily for production agriculture.
24        This item (2) is exempt from the provisions of Section
25    2-70.
26        (3) Until July 1, 2003, distillation machinery and

 

 

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1    equipment, sold as a unit or kit, assembled or installed
2    by the retailer, certified by the user to be used only for
3    the production of ethyl alcohol that will be used for
4    consumption as motor fuel or as a component of motor fuel
5    for the personal use of the user, and not subject to sale
6    or resale.
7        (4) Until July 1, 2003 and beginning again September
8    1, 2004 through August 30, 2014, graphic arts machinery
9    and equipment, including repair and replacement parts,
10    both new and used, and including that manufactured on
11    special order or purchased for lease, certified by the
12    purchaser to be used primarily for graphic arts
13    production. Equipment includes chemicals or chemicals
14    acting as catalysts but only if the chemicals or chemicals
15    acting as catalysts effect a direct and immediate change
16    upon a graphic arts product. Beginning on July 1, 2017,
17    graphic arts machinery and equipment is included in the
18    manufacturing and assembling machinery and equipment
19    exemption under paragraph (14).
20        (5) A motor vehicle that is used for automobile
21    renting, as defined in the Automobile Renting Occupation
22    and Use Tax Act. This paragraph is exempt from the
23    provisions of Section 2-70.
24        (6) Personal property sold by a teacher-sponsored
25    student organization affiliated with an elementary or
26    secondary school located in Illinois.

 

 

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1        (7) Until July 1, 2003, proceeds of that portion of
2    the selling price of a passenger car the sale of which is
3    subject to the Replacement Vehicle Tax.
4        (8) Personal property sold to an Illinois county fair
5    association for use in conducting, operating, or promoting
6    the county fair.
7        (9) Personal property sold to a not-for-profit arts or
8    cultural organization that establishes, by proof required
9    by the Department by rule, that it has received an
10    exemption under Section 501(c)(3) of the Internal Revenue
11    Code and that is organized and operated primarily for the
12    presentation or support of arts or cultural programming,
13    activities, or services. These organizations include, but
14    are not limited to, music and dramatic arts organizations
15    such as symphony orchestras and theatrical groups, arts
16    and cultural service organizations, local arts councils,
17    visual arts organizations, and media arts organizations.
18    On and after July 1, 2001 (the effective date of Public Act
19    92-35), however, an entity otherwise eligible for this
20    exemption shall not make tax-free purchases unless it has
21    an active identification number issued by the Department.
22        (10) Personal property sold by a corporation, society,
23    association, foundation, institution, or organization,
24    other than a limited liability company, that is organized
25    and operated as a not-for-profit service enterprise for
26    the benefit of persons 65 years of age or older if the

 

 

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1    personal property was not purchased by the enterprise for
2    the purpose of resale by the enterprise.
3        (11) Except as otherwise provided in this Section,
4    personal property sold to a governmental body, to a
5    corporation, society, association, foundation, or
6    institution organized and operated exclusively for
7    charitable, religious, or educational purposes, or to a
8    not-for-profit corporation, society, association,
9    foundation, institution, or organization that has no
10    compensated officers or employees and that is organized
11    and operated primarily for the recreation of persons 55
12    years of age or older. A limited liability company may
13    qualify for the exemption under this paragraph only if the
14    limited liability company is organized and operated
15    exclusively for educational purposes. On and after July 1,
16    1987, however, no entity otherwise eligible for this
17    exemption shall make tax-free purchases unless it has an
18    active identification number issued by the Department.
19        (12) (Blank).
20        (12-5) On and after July 1, 2003 and through June 30,
21    2004, motor vehicles of the second division with a gross
22    vehicle weight in excess of 8,000 pounds that are subject
23    to the commercial distribution fee imposed under Section
24    3-815.1 of the Illinois Vehicle Code. Beginning on July 1,
25    2004 and through June 30, 2005, the use in this State of
26    motor vehicles of the second division: (i) with a gross

 

 

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

 

 

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1    by some other person, whether the materials used in the
2    process are owned by the manufacturer or some other
3    person, or whether the sale or lease is made apart from or
4    as an incident to the seller's engaging in the service
5    occupation of producing machines, tools, dies, jigs,
6    patterns, gauges, or other similar items of no commercial
7    value on special order for a particular purchaser. The
8    exemption provided by this paragraph (14) does not include
9    machinery and equipment used in (i) the generation of
10    electricity for wholesale or retail sale; (ii) the
11    generation or treatment of natural or artificial gas for
12    wholesale or retail sale that is delivered to customers
13    through pipes, pipelines, or mains; or (iii) the treatment
14    of water for wholesale or retail sale that is delivered to
15    customers through pipes, pipelines, or mains. The
16    provisions of Public Act 98-583 are declaratory of
17    existing law as to the meaning and scope of this
18    exemption. Beginning on July 1, 2017, the exemption
19    provided by this paragraph (14) includes, but is not
20    limited to, graphic arts machinery and equipment, as
21    defined in paragraph (4) of this Section.
22        (15) Proceeds of mandatory service charges separately
23    stated on customers' bills for purchase and consumption of
24    food and beverages, to the extent that the proceeds of the
25    service charge are in fact turned over as tips or as a
26    substitute for tips to the employees who participate

 

 

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1    directly in preparing, serving, hosting or cleaning up the
2    food or beverage function with respect to which the
3    service charge is imposed.
4        (16) Tangible personal property sold to a purchaser if
5    the purchaser is exempt from use tax by operation of
6    federal law. This paragraph is exempt from the provisions
7    of Section 2-70.
8        (17) Tangible personal property sold to a common
9    carrier by rail or motor that receives the physical
10    possession of the property in Illinois and that transports
11    the property, or shares with another common carrier in the
12    transportation of the property, out of Illinois on a
13    standard uniform bill of lading showing the seller of the
14    property as the shipper or consignor of the property to a
15    destination outside Illinois, for use outside Illinois.
16        (18) Legal tender, currency, medallions, or gold or
17    silver coinage issued by the State of Illinois, the
18    government of the United States of America, or the
19    government of any foreign country, and bullion.
20        (19) Until July 1, 2003, oil field exploration,
21    drilling, and production equipment, including (i) rigs and
22    parts of rigs, rotary rigs, cable tool rigs, and workover
23    rigs, (ii) pipe and tubular goods, including casing and
24    drill strings, (iii) pumps and pump-jack units, (iv)
25    storage tanks and flow lines, (v) any individual
26    replacement part for oil field exploration, drilling, and

 

 

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1    production equipment, and (vi) machinery and equipment
2    purchased for lease; but excluding motor vehicles required
3    to be registered under the Illinois Vehicle Code.
4        (20) Photoprocessing machinery and equipment,
5    including repair and replacement parts, both new and used,
6    including that manufactured on special order, certified by
7    the purchaser to be used primarily for photoprocessing,
8    and including photoprocessing machinery and equipment
9    purchased for lease.
10        (21) Until July 1, 2028, coal and aggregate
11    exploration, mining, off-highway hauling, processing,
12    maintenance, and reclamation equipment, including
13    replacement parts and equipment, and including equipment
14    purchased for lease, but excluding motor vehicles required
15    to be registered under the Illinois Vehicle Code. The
16    changes made to this Section by Public Act 97-767 apply on
17    and after July 1, 2003, but no claim for credit or refund
18    is allowed on or after August 16, 2013 (the effective date
19    of Public Act 98-456) for such taxes paid during the
20    period beginning July 1, 2003 and ending on August 16,
21    2013 (the effective date of Public Act 98-456).
22        (22) Until June 30, 2013, fuel and petroleum products
23    sold to or used by an air carrier, certified by the carrier
24    to be used for consumption, shipment, or storage in the
25    conduct of its business as an air common carrier, for a
26    flight destined for or returning from a location or

 

 

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1    locations outside the United States without regard to
2    previous or subsequent domestic stopovers.
3        Beginning July 1, 2013, fuel and petroleum products
4    sold to or used by an air carrier, certified by the carrier
5    to be used for consumption, shipment, or storage in the
6    conduct of its business as an air common carrier, for a
7    flight that (i) is engaged in foreign trade or is engaged
8    in trade between the United States and any of its
9    possessions and (ii) transports at least one individual or
10    package for hire from the city of origination to the city
11    of final destination on the same aircraft, without regard
12    to a change in the flight number of that aircraft.
13        (23) A transaction in which the purchase order is
14    received by a florist who is located outside Illinois, but
15    who has a florist located in Illinois deliver the property
16    to the purchaser or the purchaser's donee in Illinois.
17        (24) Fuel consumed or used in the operation of ships,
18    barges, or vessels that are used primarily in or for the
19    transportation of property or the conveyance of persons
20    for hire on rivers bordering on this State if the fuel is
21    delivered by the seller to the purchaser's barge, ship, or
22    vessel while it is afloat upon that bordering river.
23        (25) Except as provided in item (25-5) of this
24    Section, a motor vehicle sold in this State to a
25    nonresident even though the motor vehicle is delivered to
26    the nonresident in this State, if the motor vehicle is not

 

 

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1    to be titled in this State, and if a drive-away permit is
2    issued to the motor vehicle as provided in Section 3-603
3    of the Illinois Vehicle Code or if the nonresident
4    purchaser has vehicle registration plates to transfer to
5    the motor vehicle upon returning to his or her home state.
6    The issuance of the drive-away permit or having the
7    out-of-state registration plates to be transferred is
8    prima facie evidence that the motor vehicle will not be
9    titled in this State.
10        (25-5) The exemption under item (25) does not apply if
11    the state in which the motor vehicle will be titled does
12    not allow a reciprocal exemption for a motor vehicle sold
13    and delivered in that state to an Illinois resident but
14    titled in Illinois. The tax collected under this Act on
15    the sale of a motor vehicle in this State to a resident of
16    another state that does not allow a reciprocal exemption
17    shall be imposed at a rate equal to the state's rate of tax
18    on taxable property in the state in which the purchaser is
19    a resident, except that the tax shall not exceed the tax
20    that would otherwise be imposed under this Act. At the
21    time of the sale, the purchaser shall execute a statement,
22    signed under penalty of perjury, of his or her intent to
23    title the vehicle in the state in which the purchaser is a
24    resident within 30 days after the sale and of the fact of
25    the payment to the State of Illinois of tax in an amount
26    equivalent to the state's rate of tax on taxable property

 

 

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1    in his or her state of residence and shall submit the
2    statement to the appropriate tax collection agency in his
3    or her state of residence. In addition, the retailer must
4    retain a signed copy of the statement in his or her
5    records. Nothing in this item shall be construed to
6    require the removal of the vehicle from this state
7    following the filing of an intent to title the vehicle in
8    the purchaser's state of residence if the purchaser titles
9    the vehicle in his or her state of residence within 30 days
10    after the date of sale. The tax collected under this Act in
11    accordance with this item (25-5) shall be proportionately
12    distributed as if the tax were collected at the 6.25%
13    general rate imposed under this Act.
14        (25-7) Beginning on July 1, 2007, no tax is imposed
15    under this Act on the sale of an aircraft, as defined in
16    Section 3 of the Illinois Aeronautics Act, if all of the
17    following conditions are met:
18            (1) the aircraft leaves this State within 15 days
19        after the later of either the issuance of the final
20        billing for the sale of the aircraft, or the
21        authorized approval for return to service, completion
22        of the maintenance record entry, and completion of the
23        test flight and ground test for inspection, as
24        required by 14 CFR 91.407;
25            (2) the aircraft is not based or registered in
26        this State after the sale of the aircraft; and

 

 

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1            (3) the seller retains in his or her books and
2        records and provides to the Department a signed and
3        dated certification from the purchaser, on a form
4        prescribed by the Department, certifying that the
5        requirements of this item (25-7) are met. The
6        certificate must also include the name and address of
7        the purchaser, the address of the location where the
8        aircraft is to be titled or registered, the address of
9        the primary physical location of the aircraft, and
10        other information that the Department may reasonably
11        require.
12        For purposes of this item (25-7):
13        "Based in this State" means hangared, stored, or
14    otherwise used, excluding post-sale customizations as
15    defined in this Section, for 10 or more days in each
16    12-month period immediately following the date of the sale
17    of the aircraft.
18        "Registered in this State" means an aircraft
19    registered with the Department of Transportation,
20    Aeronautics Division, or titled or registered with the
21    Federal Aviation Administration to an address located in
22    this State.
23        This paragraph (25-7) is exempt from the provisions of
24    Section 2-70.
25        (26) Semen used for artificial insemination of
26    livestock for direct agricultural production.

 

 

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

 

 

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1    identification number by the Department under Section 1g
2    of this Act.
3        (30) Beginning with taxable years ending on or after
4    December 31, 1995 and ending with taxable years ending on
5    or before December 31, 2004, personal property that is
6    donated for disaster relief to be used in a State or
7    federally declared disaster area in Illinois or bordering
8    Illinois by a manufacturer or retailer that is registered
9    in this State to a corporation, society, association,
10    foundation, or institution that has been issued a sales
11    tax exemption identification number by the Department that
12    assists victims of the disaster who reside within the
13    declared disaster area.
14        (31) Beginning with taxable years ending on or after
15    December 31, 1995 and ending with taxable years ending on
16    or before December 31, 2004, personal property that is
17    used in the performance of infrastructure repairs in this
18    State, including, but not limited to, municipal roads and
19    streets, access roads, bridges, sidewalks, waste disposal
20    systems, water and sewer line extensions, water
21    distribution and purification facilities, storm water
22    drainage and retention facilities, and sewage treatment
23    facilities, resulting from a State or federally declared
24    disaster in Illinois or bordering Illinois when such
25    repairs are initiated on facilities located in the
26    declared disaster area within 6 months after the disaster.

 

 

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1        (32) Beginning July 1, 1999, game or game birds sold
2    at a "game breeding and hunting preserve area" as that
3    term is used in the Wildlife Code. This paragraph is
4    exempt from the provisions of Section 2-70.
5        (33) A motor vehicle, as that term is defined in
6    Section 1-146 of the Illinois Vehicle Code, that is
7    donated to a corporation, limited liability company,
8    society, association, foundation, or institution that is
9    determined by the Department to be organized and operated
10    exclusively for educational purposes. For purposes of this
11    exemption, "a corporation, limited liability company,
12    society, association, foundation, or institution organized
13    and operated exclusively for educational purposes" means
14    all tax-supported public schools, private schools that
15    offer systematic instruction in useful branches of
16    learning by methods common to public schools and that
17    compare favorably in their scope and intensity with the
18    course of study presented in tax-supported schools, and
19    vocational or technical schools or institutes organized
20    and operated exclusively to provide a course of study of
21    not less than 6 weeks duration and designed to prepare
22    individuals to follow a trade or to pursue a manual,
23    technical, mechanical, industrial, business, or commercial
24    occupation.
25        (34) Beginning January 1, 2000, personal property,
26    including food, purchased through fundraising events for

 

 

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1    the benefit of a public or private elementary or secondary
2    school, a group of those schools, or one or more school
3    districts if the events are sponsored by an entity
4    recognized by the school district that consists primarily
5    of volunteers and includes parents and teachers of the
6    school children. This paragraph does not apply to
7    fundraising events (i) for the benefit of private home
8    instruction or (ii) for which the fundraising entity
9    purchases the personal property sold at the events from
10    another individual or entity that sold the property for
11    the purpose of resale by the fundraising entity and that
12    profits from the sale to the fundraising entity. This
13    paragraph is exempt from the provisions of Section 2-70.
14        (35) Beginning January 1, 2000 and through December
15    31, 2001, new or used automatic vending machines that
16    prepare and serve hot food and beverages, including
17    coffee, soup, and other items, and replacement parts for
18    these machines. Beginning January 1, 2002 and through June
19    30, 2003, machines and parts for machines used in
20    commercial, coin-operated amusement and vending business
21    if a use or occupation tax is paid on the gross receipts
22    derived from the use of the commercial, coin-operated
23    amusement and vending machines. This paragraph is exempt
24    from the provisions of Section 2-70.
25        (35-5) Beginning August 23, 2001 and through June 30,
26    2016, food for human consumption that is to be consumed

 

 

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

 

 

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1    active tax exemption identification number by the
2    Department under Section 1g of this Act. This paragraph is
3    exempt from the provisions of Section 2-70.
4        (38) Beginning on January 1, 2002 and through June 30,
5    2016, tangible personal property purchased from an
6    Illinois retailer by a taxpayer engaged in centralized
7    purchasing activities in Illinois who will, upon receipt
8    of the property in Illinois, temporarily store the
9    property in Illinois (i) for the purpose of subsequently
10    transporting it outside this State for use or consumption
11    thereafter solely outside this State or (ii) for the
12    purpose of being processed, fabricated, or manufactured
13    into, attached to, or incorporated into other tangible
14    personal property to be transported outside this State and
15    thereafter used or consumed solely outside this State. The
16    Director of Revenue shall, pursuant to rules adopted in
17    accordance with the Illinois Administrative Procedure Act,
18    issue a permit to any taxpayer in good standing with the
19    Department who is eligible for the exemption under this
20    paragraph (38). The permit issued under this paragraph
21    (38) shall authorize the holder, to the extent and in the
22    manner specified in the rules adopted under this Act, to
23    purchase tangible personal property from a retailer exempt
24    from the taxes imposed by this Act. Taxpayers shall
25    maintain all necessary books and records to substantiate
26    the use and consumption of all such tangible personal

 

 

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1    property outside of the State of Illinois.
2        (39) Beginning January 1, 2008, tangible personal
3    property used in the construction or maintenance of a
4    community water supply, as defined under Section 3.145 of
5    the Environmental Protection Act, that is operated by a
6    not-for-profit corporation that holds a valid water supply
7    permit issued under Title IV of the Environmental
8    Protection Act. This paragraph is exempt from the
9    provisions of Section 2-70.
10        (40) Beginning January 1, 2010 and continuing through
11    December 31, 2029, materials, parts, equipment,
12    components, and furnishings incorporated into or upon an
13    aircraft as part of the modification, refurbishment,
14    completion, replacement, repair, or maintenance of the
15    aircraft. This exemption includes consumable supplies used
16    in the modification, refurbishment, completion,
17    replacement, repair, and maintenance of aircraft. However,
18    until January 1, 2024, this exemption excludes any
19    materials, parts, equipment, components, and consumable
20    supplies used in the modification, replacement, repair,
21    and maintenance of aircraft engines or power plants,
22    whether such engines or power plants are installed or
23    uninstalled upon any such aircraft. "Consumable supplies"
24    include, but are not limited to, adhesive, tape,
25    sandpaper, general purpose lubricants, cleaning solution,
26    latex gloves, and protective films.

 

 

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1        Beginning January 1, 2010 and continuing through
2    December 31, 2023, this exemption applies only to the sale
3    of qualifying tangible personal property to persons who
4    modify, refurbish, complete, replace, or maintain an
5    aircraft and who (i) hold an Air Agency Certificate and
6    are empowered to operate an approved repair station by the
7    Federal Aviation Administration, (ii) have a Class IV
8    Rating, and (iii) conduct operations in accordance with
9    Part 145 of the Federal Aviation Regulations. The
10    exemption does not include aircraft operated by a
11    commercial air carrier providing scheduled passenger air
12    service pursuant to authority issued under Part 121 or
13    Part 129 of the Federal Aviation Regulations. From January
14    1, 2024 through December 31, 2029, this exemption applies
15    only to the use of qualifying tangible personal property
16    by: (A) persons who modify, refurbish, complete, repair,
17    replace, or maintain aircraft and who (i) hold an Air
18    Agency Certificate and are empowered to operate an
19    approved repair station by the Federal Aviation
20    Administration, (ii) have a Class IV Rating, and (iii)
21    conduct operations in accordance with Part 145 of the
22    Federal Aviation Regulations; and (B) persons who engage
23    in the modification, replacement, repair, and maintenance
24    of aircraft engines or power plants without regard to
25    whether or not those persons meet the qualifications of
26    item (A).

 

 

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1        The changes made to this paragraph (40) by Public Act
2    98-534 are declarative of existing law. It is the intent
3    of the General Assembly that the exemption under this
4    paragraph (40) applies continuously from January 1, 2010
5    through December 31, 2024; however, no claim for credit or
6    refund is allowed for taxes paid as a result of the
7    disallowance of this exemption on or after January 1, 2015
8    and prior to February 5, 2020 (the effective date of
9    Public Act 101-629).
10        (41) Tangible personal property sold to a
11    public-facilities corporation, as described in Section
12    11-65-10 of the Illinois Municipal Code, for purposes of
13    constructing or furnishing a municipal convention hall,
14    but only if the legal title to the municipal convention
15    hall is transferred to the municipality without any
16    further consideration by or on behalf of the municipality
17    at the time of the completion of the municipal convention
18    hall or upon the retirement or redemption of any bonds or
19    other debt instruments issued by the public-facilities
20    corporation in connection with the development of the
21    municipal convention hall. This exemption includes
22    existing public-facilities corporations as provided in
23    Section 11-65-25 of the Illinois Municipal Code. This
24    paragraph is exempt from the provisions of Section 2-70.
25        (42) Beginning January 1, 2017 and through December
26    31, 2026, menstrual pads, tampons, and menstrual cups.

 

 

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1        (43) Merchandise that is subject to the Rental
2    Purchase Agreement Occupation and Use Tax. The purchaser
3    must certify that the item is purchased to be rented
4    subject to a rental-purchase rental purchase agreement, as
5    defined in the Rental-Purchase Rental Purchase Agreement
6    Act, and provide proof of registration under the Rental
7    Purchase Agreement Occupation and Use Tax Act. This
8    paragraph is exempt from the provisions of Section 2-70.
9        (44) Qualified tangible personal property used in the
10    construction or operation of a data center that has been
11    granted a certificate of exemption by the Department of
12    Commerce and Economic Opportunity, whether that tangible
13    personal property is purchased by the owner, operator, or
14    tenant of the data center or by a contractor or
15    subcontractor of the owner, operator, or tenant. Data
16    centers that would have qualified for a certificate of
17    exemption prior to January 1, 2020 had Public Act 101-31
18    been in effect, may apply for and obtain an exemption for
19    subsequent purchases of computer equipment or enabling
20    software purchased or leased to upgrade, supplement, or
21    replace computer equipment or enabling software purchased
22    or leased in the original investment that would have
23    qualified.
24        The Department of Commerce and Economic Opportunity
25    shall grant a certificate of exemption under this item
26    (44) to qualified data centers as defined by Section

 

 

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1    605-1025 of the Department of Commerce and Economic
2    Opportunity Law of the Civil Administrative Code of
3    Illinois.
4        For the purposes of this item (44):
5            "Data center" means a building or a series of
6        buildings rehabilitated or constructed to house
7        working servers in one physical location or multiple
8        sites within the State of Illinois.
9            "Qualified tangible personal property" means:
10        electrical systems and equipment; climate control and
11        chilling equipment and systems; mechanical systems and
12        equipment; monitoring and secure systems; emergency
13        generators; hardware; computers; servers; data storage
14        devices; network connectivity equipment; racks;
15        cabinets; telecommunications cabling infrastructure;
16        raised floor systems; peripheral components or
17        systems; software; mechanical, electrical, or plumbing
18        systems; battery systems; cooling systems and towers;
19        temperature control systems; other cabling; and other
20        data center infrastructure equipment and systems
21        necessary to operate qualified tangible personal
22        property, including fixtures; and component parts of
23        any of the foregoing, including installation,
24        maintenance, repair, refurbishment, and replacement of
25        qualified tangible personal property to generate,
26        transform, transmit, distribute, or manage electricity

 

 

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1        necessary to operate qualified tangible personal
2        property; and all other tangible personal property
3        that is essential to the operations of a computer data
4        center. The term "qualified tangible personal
5        property" also includes building materials physically
6        incorporated into the qualifying data center. To
7        document the exemption allowed under this Section, the
8        retailer must obtain from the purchaser a copy of the
9        certificate of eligibility issued by the Department of
10        Commerce and Economic Opportunity.
11        This item (44) is exempt from the provisions of
12    Section 2-70.
13        (45) Beginning January 1, 2020 and through December
14    31, 2020, sales of tangible personal property made by a
15    marketplace seller over a marketplace for which tax is due
16    under this Act but for which use tax has been collected and
17    remitted to the Department by a marketplace facilitator
18    under Section 2d of the Use Tax Act are exempt from tax
19    under this Act. A marketplace seller claiming this
20    exemption shall maintain books and records demonstrating
21    that the use tax on such sales has been collected and
22    remitted by a marketplace facilitator. Marketplace sellers
23    that have properly remitted tax under this Act on such
24    sales may file a claim for credit as provided in Section 6
25    of this Act. No claim is allowed, however, for such taxes
26    for which a credit or refund has been issued to the

 

 

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1    marketplace facilitator under the Use Tax Act, or for
2    which the marketplace facilitator has filed a claim for
3    credit or refund under the Use Tax Act.
4        (46) Beginning July 1, 2022, breast pumps, breast pump
5    collection and storage supplies, and breast pump kits.
6    This item (46) is exempt from the provisions of Section
7    2-70. As used in this item (46):
8        "Breast pump" means an electrically controlled or
9    manually controlled pump device designed or marketed to be
10    used to express milk from a human breast during lactation,
11    including the pump device and any battery, AC adapter, or
12    other power supply unit that is used to power the pump
13    device and is packaged and sold with the pump device at the
14    time of sale.
15        "Breast pump collection and storage supplies" means
16    items of tangible personal property designed or marketed
17    to be used in conjunction with a breast pump to collect
18    milk expressed from a human breast and to store collected
19    milk until it is ready for consumption.
20        "Breast pump collection and storage supplies"
21    includes, but is not limited to: breast shields and breast
22    shield connectors; breast pump tubes and tubing adapters;
23    breast pump valves and membranes; backflow protectors and
24    backflow protector adaptors; bottles and bottle caps
25    specific to the operation of the breast pump; and breast
26    milk storage bags.

 

 

HB4844 Engrossed- 634 -LRB103 39009 AMC 69146 b

1        "Breast pump collection and storage supplies" does not
2    include: (1) bottles and bottle caps not specific to the
3    operation of the breast pump; (2) breast pump travel bags
4    and other similar carrying accessories, including ice
5    packs, labels, and other similar products; (3) breast pump
6    cleaning supplies; (4) nursing bras, bra pads, breast
7    shells, and other similar products; and (5) creams,
8    ointments, and other similar products that relieve
9    breastfeeding-related symptoms or conditions of the
10    breasts or nipples, unless sold as part of a breast pump
11    kit that is pre-packaged by the breast pump manufacturer
12    or distributor.
13        "Breast pump kit" means a kit that: (1) contains no
14    more than a breast pump, breast pump collection and
15    storage supplies, a rechargeable battery for operating the
16    breast pump, a breastmilk cooler, bottle stands, ice
17    packs, and a breast pump carrying case; and (2) is
18    pre-packaged as a breast pump kit by the breast pump
19    manufacturer or distributor.
20        (47) Tangible personal property sold by or on behalf
21    of the State Treasurer pursuant to the Revised Uniform
22    Unclaimed Property Act. This item (47) is exempt from the
23    provisions of Section 2-70.
24        (48) Beginning on January 1, 2024, tangible personal
25    property purchased by an active duty member of the armed
26    forces of the United States who presents valid military

 

 

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1    identification and purchases the property using a form of
2    payment where the federal government is the payor. The
3    member of the armed forces must complete, at the point of
4    sale, a form prescribed by the Department of Revenue
5    documenting that the transaction is eligible for the
6    exemption under this paragraph. Retailers must keep the
7    form as documentation of the exemption in their records
8    for a period of not less than 6 years. "Armed forces of the
9    United States" means the United States Army, Navy, Air
10    Force, Marine Corps, or Coast Guard. This paragraph is
11    exempt from the provisions of Section 2-70.
12(Source: P.A. 102-16, eff. 6-17-21; 102-634, eff. 8-27-21;
13102-700, Article 70, Section 70-20, eff. 4-19-22; 102-700,
14Article 75, Section 75-20, eff. 4-19-22; 102-813, eff.
155-13-22; 102-1026, eff. 5-27-22; 103-9, Article 5, Section
165-20, eff. 6-7-23; 103-9, Article 15, Section 15-20, eff.
176-7-23; 103-154, eff. 6-30-23; 103-384, eff. 1-1-24; revised
1812-12-23.)
 
19    (35 ILCS 120/3)  (from Ch. 120, par. 442)
20    Sec. 3. Except as provided in this Section, on or before
21the twentieth day of each calendar month, every person engaged
22in the business of selling tangible personal property at
23retail in this State during the preceding calendar month shall
24file a return with the Department, stating:
25        1. The name of the seller;

 

 

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1        2. His residence address and the address of his
2    principal place of business and the address of the
3    principal place of business (if that is a different
4    address) from which he engages in the business of selling
5    tangible personal property at retail in this State;
6        3. Total amount of receipts received by him during the
7    preceding calendar month or quarter, as the case may be,
8    from sales of tangible personal property, and from
9    services furnished, by him during such preceding calendar
10    month or quarter;
11        4. Total amount received by him during the preceding
12    calendar month or quarter on charge and time sales of
13    tangible personal property, and from services furnished,
14    by him prior to the month or quarter for which the return
15    is filed;
16        5. Deductions allowed by law;
17        6. Gross receipts which were received by him during
18    the preceding calendar month or quarter and upon the basis
19    of which the tax is imposed, including gross receipts on
20    food for human consumption that is to be consumed off the
21    premises where it is sold (other than alcoholic beverages,
22    food consisting of or infused with adult use cannabis,
23    soft drinks, and food that has been prepared for immediate
24    consumption) which were received during the preceding
25    calendar month or quarter and upon which tax would have
26    been due but for the 0% rate imposed under Public Act

 

 

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1    102-700;
2        7. The amount of credit provided in Section 2d of this
3    Act;
4        8. The amount of tax due, including the amount of tax
5    that would have been due on food for human consumption
6    that is to be consumed off the premises where it is sold
7    (other than alcoholic beverages, food consisting of or
8    infused with adult use cannabis, soft drinks, and food
9    that has been prepared for immediate consumption) but for
10    the 0% rate imposed under Public Act 102-700;
11        9. The signature of the taxpayer; and
12        10. Such other reasonable information as the
13    Department may require.
14    On and after January 1, 2018, except for returns required
15to be filed prior to January 1, 2023 for motor vehicles,
16watercraft, aircraft, and trailers that are required to be
17registered with an agency of this State, with respect to
18retailers whose annual gross receipts average $20,000 or more,
19all returns required to be filed pursuant to this Act shall be
20filed electronically. On and after January 1, 2023, with
21respect to retailers whose annual gross receipts average
22$20,000 or more, all returns required to be filed pursuant to
23this Act, including, but not limited to, returns for motor
24vehicles, watercraft, aircraft, and trailers that are required
25to be registered with an agency of this State, shall be filed
26electronically. Retailers who demonstrate that they do not

 

 

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1have access to the Internet or demonstrate hardship in filing
2electronically may petition the Department to waive the
3electronic filing requirement.
4    If a taxpayer fails to sign a return within 30 days after
5the proper notice and demand for signature by the Department,
6the return shall be considered valid and any amount shown to be
7due on the return shall be deemed assessed.
8    Each return shall be accompanied by the statement of
9prepaid tax issued pursuant to Section 2e for which credit is
10claimed.
11    Prior to October 1, 2003, and on and after September 1,
122004, a retailer may accept a Manufacturer's Purchase Credit
13certification from a purchaser in satisfaction of Use Tax as
14provided in Section 3-85 of the Use Tax Act if the purchaser
15provides the appropriate documentation as required by Section
163-85 of the Use Tax Act. A Manufacturer's Purchase Credit
17certification, accepted by a retailer prior to October 1, 2003
18and on and after September 1, 2004 as provided in Section 3-85
19of the Use Tax Act, may be used by that retailer to satisfy
20Retailers' Occupation Tax liability in the amount claimed in
21the certification, not to exceed 6.25% of the receipts subject
22to tax from a qualifying purchase. A Manufacturer's Purchase
23Credit reported on any original or amended return filed under
24this Act after October 20, 2003 for reporting periods prior to
25September 1, 2004 shall be disallowed. Manufacturer's Purchase
26Credit reported on annual returns due on or after January 1,

 

 

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12005 will be disallowed for periods prior to September 1,
22004. No Manufacturer's Purchase Credit may be used after
3September 30, 2003 through August 31, 2004 to satisfy any tax
4liability imposed under this Act, including any audit
5liability.
6    Beginning on July 1, 2023 and through December 31, 2032, a
7retailer may accept a Sustainable Aviation Fuel Purchase
8Credit certification from an air common carrier-purchaser in
9satisfaction of Use Tax on aviation fuel as provided in
10Section 3-87 of the Use Tax Act if the purchaser provides the
11appropriate documentation as required by Section 3-87 of the
12Use Tax Act. A Sustainable Aviation Fuel Purchase Credit
13certification accepted by a retailer in accordance with this
14paragraph may be used by that retailer to satisfy Retailers'
15Occupation Tax liability (but not in satisfaction of penalty
16or interest) in the amount claimed in the certification, not
17to exceed 6.25% of the receipts subject to tax from a sale of
18aviation fuel. In addition, for a sale of aviation fuel to
19qualify to earn the Sustainable Aviation Fuel Purchase Credit,
20retailers must retain in their books and records a
21certification from the producer of the aviation fuel that the
22aviation fuel sold by the retailer and for which a sustainable
23aviation fuel purchase credit was earned meets the definition
24of sustainable aviation fuel under Section 3-87 of the Use Tax
25Act. The documentation must include detail sufficient for the
26Department to determine the number of gallons of sustainable

 

 

HB4844 Engrossed- 640 -LRB103 39009 AMC 69146 b

1aviation fuel sold.
2    The Department may require returns to be filed on a
3quarterly basis. If so required, a return for each calendar
4quarter shall be filed on or before the twentieth day of the
5calendar month following the end of such calendar quarter. The
6taxpayer shall also file a return with the Department for each
7of the first 2 two months of each calendar quarter, on or
8before the twentieth day of the following calendar month,
9stating:
10        1. The name of the seller;
11        2. The address of the principal place of business from
12    which he engages in the business of selling tangible
13    personal property at retail in this State;
14        3. The total amount of taxable receipts received by
15    him during the preceding calendar month from sales of
16    tangible personal property by him during such preceding
17    calendar month, including receipts from charge and time
18    sales, but less all deductions allowed by law;
19        4. The amount of credit provided in Section 2d of this
20    Act;
21        5. The amount of tax due; and
22        6. Such other reasonable information as the Department
23    may require.
24    Every person engaged in the business of selling aviation
25fuel at retail in this State during the preceding calendar
26month shall, instead of reporting and paying tax as otherwise

 

 

HB4844 Engrossed- 641 -LRB103 39009 AMC 69146 b

1required by this Section, report and pay such tax on a separate
2aviation fuel tax return. The requirements related to the
3return shall be as otherwise provided in this Section.
4Notwithstanding any other provisions of this Act to the
5contrary, retailers selling aviation fuel shall file all
6aviation fuel tax returns and shall make all aviation fuel tax
7payments by electronic means in the manner and form required
8by the Department. For purposes of this Section, "aviation
9fuel" means jet fuel and aviation gasoline.
10    Beginning on October 1, 2003, any person who is not a
11licensed distributor, importing distributor, or manufacturer,
12as defined in the Liquor Control Act of 1934, but is engaged in
13the business of selling, at retail, alcoholic liquor shall
14file a statement with the Department of Revenue, in a format
15and at a time prescribed by the Department, showing the total
16amount paid for alcoholic liquor purchased during the
17preceding month and such other information as is reasonably
18required by the Department. The Department may adopt rules to
19require that this statement be filed in an electronic or
20telephonic format. Such rules may provide for exceptions from
21the filing requirements of this paragraph. For the purposes of
22this paragraph, the term "alcoholic liquor" shall have the
23meaning prescribed in the Liquor Control Act of 1934.
24    Beginning on October 1, 2003, every distributor, importing
25distributor, and manufacturer of alcoholic liquor as defined
26in the Liquor Control Act of 1934, shall file a statement with

 

 

HB4844 Engrossed- 642 -LRB103 39009 AMC 69146 b

1the Department of Revenue, no later than the 10th day of the
2month for the preceding month during which transactions
3occurred, by electronic means, showing the total amount of
4gross receipts from the sale of alcoholic liquor sold or
5distributed during the preceding month to purchasers;
6identifying the purchaser to whom it was sold or distributed;
7the purchaser's tax registration number; and such other
8information reasonably required by the Department. A
9distributor, importing distributor, or manufacturer of
10alcoholic liquor must personally deliver, mail, or provide by
11electronic means to each retailer listed on the monthly
12statement a report containing a cumulative total of that
13distributor's, importing distributor's, or manufacturer's
14total sales of alcoholic liquor to that retailer no later than
15the 10th day of the month for the preceding month during which
16the transaction occurred. The distributor, importing
17distributor, or manufacturer shall notify the retailer as to
18the method by which the distributor, importing distributor, or
19manufacturer will provide the sales information. If the
20retailer is unable to receive the sales information by
21electronic means, the distributor, importing distributor, or
22manufacturer shall furnish the sales information by personal
23delivery or by mail. For purposes of this paragraph, the term
24"electronic means" includes, but is not limited to, the use of
25a secure Internet website, e-mail, or facsimile.
26    If a total amount of less than $1 is payable, refundable or

 

 

HB4844 Engrossed- 643 -LRB103 39009 AMC 69146 b

1creditable, such amount shall be disregarded if it is less
2than 50 cents and shall be increased to $1 if it is 50 cents or
3more.
4    Notwithstanding any other provision of this Act to the
5contrary, retailers subject to tax on cannabis shall file all
6cannabis tax returns and shall make all cannabis tax payments
7by electronic means in the manner and form required by the
8Department.
9    Beginning October 1, 1993, a taxpayer who has an average
10monthly tax liability of $150,000 or more shall make all
11payments required by rules of the Department by electronic
12funds transfer. Beginning October 1, 1994, a taxpayer who has
13an average monthly tax liability of $100,000 or more shall
14make all payments required by rules of the Department by
15electronic funds transfer. Beginning October 1, 1995, a
16taxpayer who has an average monthly tax liability of $50,000
17or more shall make all payments required by rules of the
18Department by electronic funds transfer. Beginning October 1,
192000, a taxpayer who has an annual tax liability of $200,000 or
20more shall make all payments required by rules of the
21Department by electronic funds transfer. The term "annual tax
22liability" shall be the sum of the taxpayer's liabilities
23under this Act, and under all other State and local occupation
24and use tax laws administered by the Department, for the
25immediately preceding calendar year. The term "average monthly
26tax liability" shall be the sum of the taxpayer's liabilities

 

 

HB4844 Engrossed- 644 -LRB103 39009 AMC 69146 b

1under this Act, and under all other State and local occupation
2and use tax laws administered by the Department, for the
3immediately preceding calendar year divided by 12. Beginning
4on October 1, 2002, a taxpayer who has a tax liability in the
5amount set forth in subsection (b) of Section 2505-210 of the
6Department of Revenue Law shall make all payments required by
7rules of the Department by electronic funds transfer.
8    Before August 1 of each year beginning in 1993, the
9Department shall notify all taxpayers required to make
10payments by electronic funds transfer. All taxpayers required
11to make payments by electronic funds transfer shall make those
12payments for a minimum of one year beginning on October 1.
13    Any taxpayer not required to make payments by electronic
14funds transfer may make payments by electronic funds transfer
15with the permission of the Department.
16    All taxpayers required to make payment by electronic funds
17transfer and any taxpayers authorized to voluntarily make
18payments by electronic funds transfer shall make those
19payments in the manner authorized by the Department.
20    The Department shall adopt such rules as are necessary to
21effectuate a program of electronic funds transfer and the
22requirements of this Section.
23    Any amount which is required to be shown or reported on any
24return or other document under this Act shall, if such amount
25is not a whole-dollar amount, be increased to the nearest
26whole-dollar amount in any case where the fractional part of a

 

 

HB4844 Engrossed- 645 -LRB103 39009 AMC 69146 b

1dollar is 50 cents or more, and decreased to the nearest
2whole-dollar amount where the fractional part of a dollar is
3less than 50 cents.
4    If the retailer is otherwise required to file a monthly
5return and if the retailer's average monthly tax liability to
6the Department does not exceed $200, the Department may
7authorize his returns to be filed on a quarter annual basis,
8with the return for January, February, and March of a given
9year being due by April 20 of such year; with the return for
10April, May, and June of a given year being due by July 20 of
11such year; with the return for July, August, and September of a
12given year being due by October 20 of such year, and with the
13return for October, November, and December of a given year
14being due by January 20 of the following year.
15    If the retailer is otherwise required to file a monthly or
16quarterly return and if the retailer's average monthly tax
17liability with the Department does not exceed $50, the
18Department may authorize his returns to be filed on an annual
19basis, with the return for a given year being due by January 20
20of the following year.
21    Such quarter annual and annual returns, as to form and
22substance, shall be subject to the same requirements as
23monthly returns.
24    Notwithstanding any other provision in this Act concerning
25the time within which a retailer may file his return, in the
26case of any retailer who ceases to engage in a kind of business

 

 

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1which makes him responsible for filing returns under this Act,
2such retailer shall file a final return under this Act with the
3Department not more than one month after discontinuing such
4business.
5    Where the same person has more than one business
6registered with the Department under separate registrations
7under this Act, such person may not file each return that is
8due as a single return covering all such registered
9businesses, but shall file separate returns for each such
10registered business.
11    In addition, with respect to motor vehicles, watercraft,
12aircraft, and trailers that are required to be registered with
13an agency of this State, except as otherwise provided in this
14Section, every retailer selling this kind of tangible personal
15property shall file, with the Department, upon a form to be
16prescribed and supplied by the Department, a separate return
17for each such item of tangible personal property which the
18retailer sells, except that if, in the same transaction, (i) a
19retailer of aircraft, watercraft, motor vehicles, or trailers
20transfers more than one aircraft, watercraft, motor vehicle,
21or trailer to another aircraft, watercraft, motor vehicle
22retailer, or trailer retailer for the purpose of resale or
23(ii) a retailer of aircraft, watercraft, motor vehicles, or
24trailers transfers more than one aircraft, watercraft, motor
25vehicle, or trailer to a purchaser for use as a qualifying
26rolling stock as provided in Section 2-5 of this Act, then that

 

 

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1seller may report the transfer of all aircraft, watercraft,
2motor vehicles, or trailers involved in that transaction to
3the Department on the same uniform invoice-transaction
4reporting return form. For purposes of this Section,
5"watercraft" means a Class 2, Class 3, or Class 4 watercraft as
6defined in Section 3-2 of the Boat Registration and Safety
7Act, a personal watercraft, or any boat equipped with an
8inboard motor.
9    In addition, with respect to motor vehicles, watercraft,
10aircraft, and trailers that are required to be registered with
11an agency of this State, every person who is engaged in the
12business of leasing or renting such items and who, in
13connection with such business, sells any such item to a
14retailer for the purpose of resale is, notwithstanding any
15other provision of this Section to the contrary, authorized to
16meet the return-filing requirement of this Act by reporting
17the transfer of all the aircraft, watercraft, motor vehicles,
18or trailers transferred for resale during a month to the
19Department on the same uniform invoice-transaction reporting
20return form on or before the 20th of the month following the
21month in which the transfer takes place. Notwithstanding any
22other provision of this Act to the contrary, all returns filed
23under this paragraph must be filed by electronic means in the
24manner and form as required by the Department.
25    Any retailer who sells only motor vehicles, watercraft,
26aircraft, or trailers that are required to be registered with

 

 

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1an agency of this State, so that all retailers' occupation tax
2liability is required to be reported, and is reported, on such
3transaction reporting returns and who is not otherwise
4required to file monthly or quarterly returns, need not file
5monthly or quarterly returns. However, those retailers shall
6be required to file returns on an annual basis.
7    The transaction reporting return, in the case of motor
8vehicles or trailers that are required to be registered with
9an agency of this State, shall be the same document as the
10Uniform Invoice referred to in Section 5-402 of the Illinois
11Vehicle Code and must show the name and address of the seller;
12the name and address of the purchaser; the amount of the
13selling price including the amount allowed by the retailer for
14traded-in property, if any; the amount allowed by the retailer
15for the traded-in tangible personal property, if any, to the
16extent to which Section 1 of this Act allows an exemption for
17the value of traded-in property; the balance payable after
18deducting such trade-in allowance from the total selling
19price; the amount of tax due from the retailer with respect to
20such transaction; the amount of tax collected from the
21purchaser by the retailer on such transaction (or satisfactory
22evidence that such tax is not due in that particular instance,
23if that is claimed to be the fact); the place and date of the
24sale; a sufficient identification of the property sold; such
25other information as is required in Section 5-402 of the
26Illinois Vehicle Code, and such other information as the

 

 

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1Department may reasonably require.
2    The transaction reporting return in the case of watercraft
3or aircraft must show the name and address of the seller; the
4name and address of the purchaser; the amount of the selling
5price including the amount allowed by the retailer for
6traded-in property, if any; the amount allowed by the retailer
7for the traded-in tangible personal property, if any, to the
8extent to which Section 1 of this Act allows an exemption for
9the value of traded-in property; the balance payable after
10deducting such trade-in allowance from the total selling
11price; the amount of tax due from the retailer with respect to
12such transaction; the amount of tax collected from the
13purchaser by the retailer on such transaction (or satisfactory
14evidence that such tax is not due in that particular instance,
15if that is claimed to be the fact); the place and date of the
16sale, a sufficient identification of the property sold, and
17such other information as the Department may reasonably
18require.
19    Such transaction reporting return shall be filed not later
20than 20 days after the day of delivery of the item that is
21being sold, but may be filed by the retailer at any time sooner
22than that if he chooses to do so. The transaction reporting
23return and tax remittance or proof of exemption from the
24Illinois use tax may be transmitted to the Department by way of
25the State agency with which, or State officer with whom the
26tangible personal property must be titled or registered (if

 

 

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1titling or registration is required) if the Department and
2such agency or State officer determine that this procedure
3will expedite the processing of applications for title or
4registration.
5    With each such transaction reporting return, the retailer
6shall remit the proper amount of tax due (or shall submit
7satisfactory evidence that the sale is not taxable if that is
8the case), to the Department or its agents, whereupon the
9Department shall issue, in the purchaser's name, a use tax
10receipt (or a certificate of exemption if the Department is
11satisfied that the particular sale is tax exempt) which such
12purchaser may submit to the agency with which, or State
13officer with whom, he must title or register the tangible
14personal property that is involved (if titling or registration
15is required) in support of such purchaser's application for an
16Illinois certificate or other evidence of title or
17registration to such tangible personal property.
18    No retailer's failure or refusal to remit tax under this
19Act precludes a user, who has paid the proper tax to the
20retailer, from obtaining his certificate of title or other
21evidence of title or registration (if titling or registration
22is required) upon satisfying the Department that such user has
23paid the proper tax (if tax is due) to the retailer. The
24Department shall adopt appropriate rules to carry out the
25mandate of this paragraph.
26    If the user who would otherwise pay tax to the retailer

 

 

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1wants the transaction reporting return filed and the payment
2of the tax or proof of exemption made to the Department before
3the retailer is willing to take these actions and such user has
4not paid the tax to the retailer, such user may certify to the
5fact of such delay by the retailer and may (upon the Department
6being satisfied of the truth of such certification) transmit
7the information required by the transaction reporting return
8and the remittance for tax or proof of exemption directly to
9the Department and obtain his tax receipt or exemption
10determination, in which event the transaction reporting return
11and tax remittance (if a tax payment was required) shall be
12credited by the Department to the proper retailer's account
13with the Department, but without the 2.1% or 1.75% discount
14provided for in this Section being allowed. When the user pays
15the tax directly to the Department, he shall pay the tax in the
16same amount and in the same form in which it would be remitted
17if the tax had been remitted to the Department by the retailer.
18    Refunds made by the seller during the preceding return
19period to purchasers, on account of tangible personal property
20returned to the seller, shall be allowed as a deduction under
21subdivision 5 of his monthly or quarterly return, as the case
22may be, in case the seller had theretofore included the
23receipts from the sale of such tangible personal property in a
24return filed by him and had paid the tax imposed by this Act
25with respect to such receipts.
26    Where the seller is a corporation, the return filed on

 

 

HB4844 Engrossed- 652 -LRB103 39009 AMC 69146 b

1behalf of such corporation shall be signed by the president,
2vice-president, secretary, or treasurer or by the properly
3accredited agent of such corporation.
4    Where the seller is a limited liability company, the
5return filed on behalf of the limited liability company shall
6be signed by a manager, member, or properly accredited agent
7of the limited liability company.
8    Except as provided in this Section, the retailer filing
9the return under this Section shall, at the time of filing such
10return, pay to the Department the amount of tax imposed by this
11Act less a discount of 2.1% prior to January 1, 1990 and 1.75%
12on and after January 1, 1990, or $5 per calendar year,
13whichever is greater, which is allowed to reimburse the
14retailer for the expenses incurred in keeping records,
15preparing and filing returns, remitting the tax and supplying
16data to the Department on request. On and after January 1,
172021, a certified service provider, as defined in the Leveling
18the Playing Field for Illinois Retail Act, filing the return
19under this Section on behalf of a remote retailer shall, at the
20time of such return, pay to the Department the amount of tax
21imposed by this Act less a discount of 1.75%. A remote retailer
22using a certified service provider to file a return on its
23behalf, as provided in the Leveling the Playing Field for
24Illinois Retail Act, is not eligible for the discount. When
25determining the discount allowed under this Section, retailers
26shall include the amount of tax that would have been due at the

 

 

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11% rate but for the 0% rate imposed under Public Act 102-700.
2When determining the discount allowed under this Section,
3retailers shall include the amount of tax that would have been
4due at the 6.25% rate but for the 1.25% rate imposed on sales
5tax holiday items under Public Act 102-700. The discount under
6this Section is not allowed for the 1.25% portion of taxes paid
7on aviation fuel that is subject to the revenue use
8requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133. Any
9prepayment made pursuant to Section 2d of this Act shall be
10included in the amount on which such 2.1% or 1.75% discount is
11computed. In the case of retailers who report and pay the tax
12on a transaction by transaction basis, as provided in this
13Section, such discount shall be taken with each such tax
14remittance instead of when such retailer files his periodic
15return. The discount allowed under this Section is allowed
16only for returns that are filed in the manner required by this
17Act. The Department may disallow the discount for retailers
18whose certificate of registration is revoked at the time the
19return is filed, but only if the Department's decision to
20revoke the certificate of registration has become final.
21    Before October 1, 2000, if the taxpayer's average monthly
22tax liability to the Department under this Act, the Use Tax
23Act, the Service Occupation Tax Act, and the Service Use Tax
24Act, excluding any liability for prepaid sales tax to be
25remitted in accordance with Section 2d of this Act, was
26$10,000 or more during the preceding 4 complete calendar

 

 

HB4844 Engrossed- 654 -LRB103 39009 AMC 69146 b

1quarters, he shall file a return with the Department each
2month by the 20th day of the month next following the month
3during which such tax liability is incurred and shall make
4payments to the Department on or before the 7th, 15th, 22nd and
5last day of the month during which such liability is incurred.
6On and after October 1, 2000, if the taxpayer's average
7monthly tax liability to the Department under this Act, the
8Use Tax Act, the Service Occupation Tax Act, and the Service
9Use Tax Act, excluding any liability for prepaid sales tax to
10be remitted in accordance with Section 2d of this Act, was
11$20,000 or more during the preceding 4 complete calendar
12quarters, he shall file a return with the Department each
13month by the 20th day of the month next following the month
14during which such tax liability is incurred and shall make
15payment to the Department on or before the 7th, 15th, 22nd and
16last day of the month during which such liability is incurred.
17If the month during which such tax liability is incurred began
18prior to January 1, 1985, each payment shall be in an amount
19equal to 1/4 of the taxpayer's actual liability for the month
20or an amount set by the Department not to exceed 1/4 of the
21average monthly liability of the taxpayer to the Department
22for the preceding 4 complete calendar quarters (excluding the
23month of highest liability and the month of lowest liability
24in such 4 quarter period). If the month during which such tax
25liability is incurred begins on or after January 1, 1985 and
26prior to January 1, 1987, each payment shall be in an amount

 

 

HB4844 Engrossed- 655 -LRB103 39009 AMC 69146 b

1equal to 22.5% of the taxpayer's actual liability for the
2month or 27.5% of the taxpayer's liability for the same
3calendar month of the preceding year. If the month during
4which such tax liability is incurred begins on or after
5January 1, 1987 and prior to January 1, 1988, each payment
6shall be in an amount equal to 22.5% of the taxpayer's actual
7liability for the month or 26.25% of the taxpayer's liability
8for the same calendar month of the preceding year. If the month
9during which such tax liability is incurred begins on or after
10January 1, 1988, and prior to January 1, 1989, or begins on or
11after January 1, 1996, each payment shall be in an amount equal
12to 22.5% of the taxpayer's actual liability for the month or
1325% of the taxpayer's liability for the same calendar month of
14the preceding year. If the month during which such tax
15liability is incurred begins on or after January 1, 1989, and
16prior to January 1, 1996, each payment shall be in an amount
17equal to 22.5% of the taxpayer's actual liability for the
18month or 25% of the taxpayer's liability for the same calendar
19month of the preceding year or 100% of the taxpayer's actual
20liability for the quarter monthly reporting period. The amount
21of such quarter monthly payments shall be credited against the
22final tax liability of the taxpayer's return for that month.
23Before October 1, 2000, once applicable, the requirement of
24the making of quarter monthly payments to the Department by
25taxpayers having an average monthly tax liability of $10,000
26or more as determined in the manner provided above shall

 

 

HB4844 Engrossed- 656 -LRB103 39009 AMC 69146 b

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

 

 

HB4844 Engrossed- 657 -LRB103 39009 AMC 69146 b

1to anticipate that his average monthly tax liability for the
2reasonably foreseeable future will fall below the $20,000
3threshold stated above, then such taxpayer may petition the
4Department for a change in such taxpayer's reporting status.
5The Department shall change such taxpayer's reporting status
6unless it finds that such change is seasonal in nature and not
7likely to be long term. Quarter monthly payment status shall
8be determined under this paragraph as if the rate reduction to
90% in Public Act 102-700 on food for human consumption that is
10to be consumed off the premises where it is sold (other than
11alcoholic beverages, food consisting of or infused with adult
12use cannabis, soft drinks, and food that has been prepared for
13immediate consumption) had not occurred. For quarter monthly
14payments due under this paragraph on or after July 1, 2023 and
15through June 30, 2024, "25% of the taxpayer's liability for
16the same calendar month of the preceding year" shall be
17determined as if the rate reduction to 0% in Public Act 102-700
18had not occurred. Quarter monthly payment status shall be
19determined under this paragraph as if the rate reduction to
201.25% in Public Act 102-700 on sales tax holiday items had not
21occurred. For quarter monthly payments due on or after July 1,
222023 and through June 30, 2024, "25% of the taxpayer's
23liability for the same calendar month of the preceding year"
24shall be determined as if the rate reduction to 1.25% in Public
25Act 102-700 on sales tax holiday items had not occurred. If any
26such quarter monthly payment is not paid at the time or in the

 

 

HB4844 Engrossed- 658 -LRB103 39009 AMC 69146 b

1amount required by this Section, then the taxpayer shall be
2liable for penalties and interest on the difference between
3the minimum amount due as a payment and the amount of such
4quarter monthly payment actually and timely paid, except
5insofar as the taxpayer has previously made payments for that
6month to the Department in excess of the minimum payments
7previously due as provided in this Section. The Department
8shall make reasonable rules and regulations to govern the
9quarter monthly payment amount and quarter monthly payment
10dates for taxpayers who file on other than a calendar monthly
11basis.
12    The provisions of this paragraph apply before October 1,
132001. Without regard to whether a taxpayer is required to make
14quarter monthly payments as specified above, any taxpayer who
15is required by Section 2d of this Act to collect and remit
16prepaid taxes and has collected prepaid taxes which average in
17excess of $25,000 per month during the preceding 2 complete
18calendar quarters, shall file a return with the Department as
19required by Section 2f and shall make payments to the
20Department on or before the 7th, 15th, 22nd and last day of the
21month during which such liability is incurred. If the month
22during which such tax liability is incurred began prior to
23September 1, 1985 (the effective date of Public Act 84-221),
24each payment shall be in an amount not less than 22.5% of the
25taxpayer's actual liability under Section 2d. If the month
26during which such tax liability is incurred begins on or after

 

 

HB4844 Engrossed- 659 -LRB103 39009 AMC 69146 b

1January 1, 1986, each payment shall be in an amount equal to
222.5% of the taxpayer's actual liability for the month or
327.5% of the taxpayer's liability for the same calendar month
4of the preceding calendar year. If the month during which such
5tax liability is incurred begins on or after January 1, 1987,
6each payment shall be in an amount equal to 22.5% of the
7taxpayer's actual liability for the month or 26.25% of the
8taxpayer's liability for the same calendar month of the
9preceding year. The amount of such quarter monthly payments
10shall be credited against the final tax liability of the
11taxpayer's return for that month filed under this Section or
12Section 2f, as the case may be. Once applicable, the
13requirement of the making of quarter monthly payments to the
14Department pursuant to this paragraph shall continue until
15such taxpayer's average monthly prepaid tax collections during
16the preceding 2 complete calendar quarters is $25,000 or less.
17If any such quarter monthly payment is not paid at the time or
18in the amount required, the taxpayer shall be liable for
19penalties and interest on such difference, except insofar as
20the taxpayer has previously made payments for that month in
21excess of the minimum payments previously due.
22    The provisions of this paragraph apply on and after
23October 1, 2001. Without regard to whether a taxpayer is
24required to make quarter monthly payments as specified above,
25any taxpayer who is required by Section 2d of this Act to
26collect and remit prepaid taxes and has collected prepaid

 

 

HB4844 Engrossed- 660 -LRB103 39009 AMC 69146 b

1taxes that average in excess of $20,000 per month during the
2preceding 4 complete calendar quarters shall file a return
3with the Department as required by Section 2f and shall make
4payments to the Department on or before the 7th, 15th, 22nd,
5and last day of the month during which the liability is
6incurred. Each payment shall be in an amount equal to 22.5% of
7the taxpayer's actual liability for the month or 25% of the
8taxpayer's liability for the same calendar month of the
9preceding year. The amount of the quarter monthly payments
10shall be credited against the final tax liability of the
11taxpayer's return for that month filed under this Section or
12Section 2f, as the case may be. Once applicable, the
13requirement of the making of quarter monthly payments to the
14Department pursuant to this paragraph shall continue until the
15taxpayer's average monthly prepaid tax collections during the
16preceding 4 complete calendar quarters (excluding the month of
17highest liability and the month of lowest liability) is less
18than $19,000 or until such taxpayer's average monthly
19liability to the Department as computed for each calendar
20quarter of the 4 preceding complete calendar quarters is less
21than $20,000. If any such quarter monthly payment is not paid
22at the time or in the amount required, the taxpayer shall be
23liable for penalties and interest on such difference, except
24insofar as the taxpayer has previously made payments for that
25month in excess of the minimum payments previously due.
26    If any payment provided for in this Section exceeds the

 

 

HB4844 Engrossed- 661 -LRB103 39009 AMC 69146 b

1taxpayer's liabilities under this Act, the Use Tax Act, the
2Service Occupation Tax Act, and the Service Use Tax Act, as
3shown on an original monthly return, the Department shall, if
4requested by the taxpayer, issue to the taxpayer a credit
5memorandum no later than 30 days after the date of payment. The
6credit evidenced by such credit memorandum may be assigned by
7the taxpayer to a similar taxpayer under this Act, the Use Tax
8Act, the Service Occupation Tax Act, or the Service Use Tax
9Act, in accordance with reasonable rules and regulations to be
10prescribed by the Department. If no such request is made, the
11taxpayer may credit such excess payment against tax liability
12subsequently to be remitted to the Department under this Act,
13the Use Tax Act, the Service Occupation Tax Act, or the Service
14Use Tax Act, in accordance with reasonable rules and
15regulations prescribed by the Department. If the Department
16subsequently determined that all or any part of the credit
17taken was not actually due to the taxpayer, the taxpayer's
182.1% and 1.75% vendor's discount shall be reduced by 2.1% or
191.75% of the difference between the credit taken and that
20actually due, and that taxpayer shall be liable for penalties
21and interest on such difference.
22    If a retailer of motor fuel is entitled to a credit under
23Section 2d of this Act which exceeds the taxpayer's liability
24to the Department under this Act for the month for which the
25taxpayer is filing a return, the Department shall issue the
26taxpayer a credit memorandum for the excess.

 

 

HB4844 Engrossed- 662 -LRB103 39009 AMC 69146 b

1    Beginning January 1, 1990, each month the Department shall
2pay into the Local Government Tax Fund, a special fund in the
3State treasury which is hereby created, the net revenue
4realized for the preceding month from the 1% tax imposed under
5this Act.
6    Beginning January 1, 1990, each month the Department shall
7pay into the County and Mass Transit District Fund, a special
8fund in the State treasury which is hereby created, 4% of the
9net revenue realized for the preceding month from the 6.25%
10general rate other than aviation fuel sold on or after
11December 1, 2019. This exception for aviation fuel only
12applies for so long as the revenue use requirements of 49
13U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the State.
14    Beginning August 1, 2000, each month the Department shall
15pay into the County and Mass Transit District Fund 20% of the
16net revenue realized for the preceding month from the 1.25%
17rate on the selling price of motor fuel and gasohol. If, in any
18month, the tax on sales tax holiday items, as defined in
19Section 2-8, is imposed at the rate of 1.25%, then the
20Department shall pay 20% of the net revenue realized for that
21month from the 1.25% rate on the selling price of sales tax
22holiday items into the County and Mass Transit District Fund.
23    Beginning January 1, 1990, each month the Department shall
24pay into the Local Government Tax Fund 16% of the net revenue
25realized for the preceding month from the 6.25% general rate
26on the selling price of tangible personal property other than

 

 

HB4844 Engrossed- 663 -LRB103 39009 AMC 69146 b

1aviation fuel sold on or after December 1, 2019. This
2exception for aviation fuel only applies for so long as the
3revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.
447133 are binding on the State.
5    For aviation fuel sold on or after December 1, 2019, each
6month the Department shall pay into the State Aviation Program
7Fund 20% of the net revenue realized for the preceding month
8from the 6.25% general rate on the selling price of aviation
9fuel, less an amount estimated by the Department to be
10required for refunds of the 20% portion of the tax on aviation
11fuel under this Act, which amount shall be deposited into the
12Aviation Fuel Sales Tax Refund Fund. The Department shall only
13pay moneys into the State Aviation Program Fund and the
14Aviation Fuel Sales Tax Refund Fund under this Act for so long
15as the revenue use requirements of 49 U.S.C. 47107(b) and 49
16U.S.C. 47133 are binding on the State.
17    Beginning August 1, 2000, each month the Department shall
18pay into the Local Government Tax Fund 80% of the net revenue
19realized for the preceding month from the 1.25% rate on the
20selling price of motor fuel and gasohol. If, in any month, the
21tax on sales tax holiday items, as defined in Section 2-8, is
22imposed at the rate of 1.25%, then the Department shall pay 80%
23of the net revenue realized for that month from the 1.25% rate
24on the selling price of sales tax holiday items into the Local
25Government Tax Fund.
26    Beginning October 1, 2009, each month the Department shall

 

 

HB4844 Engrossed- 664 -LRB103 39009 AMC 69146 b

1pay into the Capital Projects Fund an amount that is equal to
2an amount estimated by the Department to represent 80% of the
3net revenue realized for the preceding month from the sale of
4candy, grooming and hygiene products, and soft drinks that had
5been taxed at a rate of 1% prior to September 1, 2009 but that
6are now taxed at 6.25%.
7    Beginning July 1, 2011, each month the Department shall
8pay into the Clean Air Act Permit Fund 80% of the net revenue
9realized for the preceding month from the 6.25% general rate
10on the selling price of sorbents used in Illinois in the
11process of sorbent injection as used to comply with the
12Environmental Protection Act or the federal Clean Air Act, but
13the total payment into the Clean Air Act Permit Fund under this
14Act and the Use Tax Act shall not exceed $2,000,000 in any
15fiscal year.
16    Beginning July 1, 2013, each month the Department shall
17pay into the Underground Storage Tank Fund from the proceeds
18collected under this Act, the Use Tax Act, the Service Use Tax
19Act, and the Service Occupation Tax Act an amount equal to the
20average monthly deficit in the Underground Storage Tank Fund
21during the prior year, as certified annually by the Illinois
22Environmental Protection Agency, but the total payment into
23the Underground Storage Tank Fund under this Act, the Use Tax
24Act, the Service Use Tax Act, and the Service Occupation Tax
25Act shall not exceed $18,000,000 in any State fiscal year. As
26used in this paragraph, the "average monthly deficit" shall be

 

 

HB4844 Engrossed- 665 -LRB103 39009 AMC 69146 b

1equal to the difference between the average monthly claims for
2payment by the fund and the average monthly revenues deposited
3into the fund, excluding payments made pursuant to this
4paragraph.
5    Beginning July 1, 2015, of the remainder of the moneys
6received by the Department under the Use Tax Act, the Service
7Use Tax Act, the Service Occupation Tax Act, and this Act, each
8month the Department shall deposit $500,000 into the State
9Crime Laboratory Fund.
10    Of the remainder of the moneys received by the Department
11pursuant to this Act, (a) 1.75% thereof shall be paid into the
12Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on
13and after July 1, 1989, 3.8% thereof shall be paid into the
14Build Illinois Fund; provided, however, that if in any fiscal
15year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
16may be, of the moneys received by the Department and required
17to be paid into the Build Illinois Fund pursuant to this Act,
18Section 9 of the Use Tax Act, Section 9 of the Service Use Tax
19Act, and Section 9 of the Service Occupation Tax Act, such Acts
20being hereinafter called the "Tax Acts" and such aggregate of
212.2% or 3.8%, as the case may be, of moneys being hereinafter
22called the "Tax Act Amount", and (2) the amount transferred to
23the Build Illinois Fund from the State and Local Sales Tax
24Reform Fund shall be less than the Annual Specified Amount (as
25hereinafter defined), an amount equal to the difference shall
26be immediately paid into the Build Illinois Fund from other

 

 

HB4844 Engrossed- 666 -LRB103 39009 AMC 69146 b

1moneys received by the Department pursuant to the Tax Acts;
2the "Annual Specified Amount" means the amounts specified
3below for fiscal years 1986 through 1993:
4Fiscal YearAnnual Specified Amount
51986$54,800,000
61987$76,650,000
71988$80,480,000
81989$88,510,000
91990$115,330,000
101991$145,470,000
111992$182,730,000
121993$206,520,000;
13and means the Certified Annual Debt Service Requirement (as
14defined in Section 13 of the Build Illinois Bond Act) or the
15Tax Act Amount, whichever is greater, for fiscal year 1994 and
16each fiscal year thereafter; and further provided, that if on
17the last business day of any month the sum of (1) the Tax Act
18Amount required to be deposited into the Build Illinois Bond
19Account in the Build Illinois Fund during such month and (2)
20the amount transferred to the Build Illinois Fund from the
21State and Local Sales Tax Reform Fund shall have been less than
221/12 of the Annual Specified Amount, an amount equal to the
23difference shall be immediately paid into the Build Illinois
24Fund from other moneys received by the Department pursuant to
25the Tax Acts; and, further provided, that in no event shall the
26payments required under the preceding proviso result in

 

 

HB4844 Engrossed- 667 -LRB103 39009 AMC 69146 b

1aggregate payments into the Build Illinois Fund pursuant to
2this clause (b) for any fiscal year in excess of the greater of
3(i) the Tax Act Amount or (ii) the Annual Specified Amount for
4such fiscal year. The amounts payable into the Build Illinois
5Fund under clause (b) of the first sentence in this paragraph
6shall be payable only until such time as the aggregate amount
7on deposit under each trust indenture securing Bonds issued
8and outstanding pursuant to the Build Illinois Bond Act is
9sufficient, taking into account any future investment income,
10to fully provide, in accordance with such indenture, for the
11defeasance of or the payment of the principal of, premium, if
12any, and interest on the Bonds secured by such indenture and on
13any Bonds expected to be issued thereafter and all fees and
14costs payable with respect thereto, all as certified by the
15Director of the Bureau of the Budget (now Governor's Office of
16Management and Budget). If on the last business day of any
17month in which Bonds are outstanding pursuant to the Build
18Illinois Bond Act, the aggregate of moneys deposited in the
19Build Illinois Bond Account in the Build Illinois Fund in such
20month shall be less than the amount required to be transferred
21in such month from the Build Illinois Bond Account to the Build
22Illinois Bond Retirement and Interest Fund pursuant to Section
2313 of the Build Illinois Bond Act, an amount equal to such
24deficiency shall be immediately paid from other moneys
25received by the Department pursuant to the Tax Acts to the
26Build Illinois Fund; provided, however, that any amounts paid

 

 

HB4844 Engrossed- 668 -LRB103 39009 AMC 69146 b

1to the Build Illinois Fund in any fiscal year pursuant to this
2sentence shall be deemed to constitute payments pursuant to
3clause (b) of the first sentence of this paragraph and shall
4reduce the amount otherwise payable for such fiscal year
5pursuant to that clause (b). The moneys received by the
6Department pursuant to this Act and required to be deposited
7into the Build Illinois Fund are subject to the pledge, claim
8and charge set forth in Section 12 of the Build Illinois Bond
9Act.
10    Subject to payment of amounts into the Build Illinois Fund
11as provided in the preceding paragraph or in any amendment
12thereto hereafter enacted, the following specified monthly
13installment of the amount requested in the certificate of the
14Chairman of the Metropolitan Pier and Exposition Authority
15provided under Section 8.25f of the State Finance Act, but not
16in excess of sums designated as "Total Deposit", shall be
17deposited in the aggregate from collections under Section 9 of
18the Use Tax Act, Section 9 of the Service Use Tax Act, Section
199 of the Service Occupation Tax Act, and Section 3 of the
20Retailers' Occupation Tax Act into the McCormick Place
21Expansion Project Fund in the specified fiscal years.
22Fiscal YearTotal Deposit
231993         $0
241994 53,000,000
251995 58,000,000
261996 61,000,000

 

 

HB4844 Engrossed- 669 -LRB103 39009 AMC 69146 b

11997 64,000,000
21998 68,000,000
31999 71,000,000
42000 75,000,000
52001 80,000,000
62002 93,000,000
72003 99,000,000
82004103,000,000
92005108,000,000
102006113,000,000
112007119,000,000
122008126,000,000
132009132,000,000
142010139,000,000
152011146,000,000
162012153,000,000
172013161,000,000
182014170,000,000
192015179,000,000
202016189,000,000
212017199,000,000
222018210,000,000
232019221,000,000
242020233,000,000
252021300,000,000
262022300,000,000

 

 

HB4844 Engrossed- 670 -LRB103 39009 AMC 69146 b

12023300,000,000
22024 300,000,000
32025 300,000,000
42026 300,000,000
52027 375,000,000
62028 375,000,000
72029 375,000,000
82030 375,000,000
92031 375,000,000
102032 375,000,000
112033375,000,000
122034375,000,000
132035375,000,000
142036450,000,000
15and
16each fiscal year
17thereafter that bonds
18are outstanding under
19Section 13.2 of the
20Metropolitan Pier and
21Exposition Authority Act,
22but not after fiscal year 2060.
23    Beginning July 20, 1993 and in each month of each fiscal
24year thereafter, one-eighth of the amount requested in the
25certificate of the Chairman of the Metropolitan Pier and
26Exposition Authority for that fiscal year, less the amount

 

 

HB4844 Engrossed- 671 -LRB103 39009 AMC 69146 b

1deposited into the McCormick Place Expansion Project Fund by
2the State Treasurer in the respective month under subsection
3(g) of Section 13 of the Metropolitan Pier and Exposition
4Authority Act, plus cumulative deficiencies in the deposits
5required under this Section for previous months and years,
6shall be deposited into the McCormick Place Expansion Project
7Fund, until the full amount requested for the fiscal year, but
8not in excess of the amount specified above as "Total
9Deposit", has been deposited.
10    Subject to payment of amounts into the Capital Projects
11Fund, the Clean Air Act Permit Fund, the Build Illinois Fund,
12and the McCormick Place Expansion Project Fund pursuant to the
13preceding paragraphs or in any amendments thereto hereafter
14enacted, for aviation fuel sold on or after December 1, 2019,
15the Department shall each month deposit into the Aviation Fuel
16Sales Tax Refund Fund an amount estimated by the Department to
17be required for refunds of the 80% portion of the tax on
18aviation fuel under this Act. The Department shall only
19deposit moneys into the Aviation Fuel Sales Tax Refund Fund
20under this paragraph for so long as the revenue use
21requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are
22binding on the State.
23    Subject to payment of amounts into the Build Illinois Fund
24and the McCormick Place Expansion Project Fund pursuant to the
25preceding paragraphs or in any amendments thereto hereafter
26enacted, beginning July 1, 1993 and ending on September 30,

 

 

HB4844 Engrossed- 672 -LRB103 39009 AMC 69146 b

12013, the Department shall each month pay into the Illinois
2Tax Increment Fund 0.27% of 80% of the net revenue realized for
3the preceding month from the 6.25% general rate on the selling
4price of tangible personal property.
5    Subject to payment of amounts into the Build Illinois
6Fund, the McCormick Place Expansion Project Fund, and the
7Illinois Tax Increment Fund pursuant to the preceding
8paragraphs or in any amendments to this Section hereafter
9enacted, beginning on the first day of the first calendar
10month to occur on or after August 26, 2014 (the effective date
11of Public Act 98-1098), each month, from the collections made
12under Section 9 of the Use Tax Act, Section 9 of the Service
13Use Tax Act, Section 9 of the Service Occupation Tax Act, and
14Section 3 of the Retailers' Occupation Tax Act, the Department
15shall pay into the Tax Compliance and Administration Fund, to
16be used, subject to appropriation, to fund additional auditors
17and compliance personnel at the Department of Revenue, an
18amount equal to 1/12 of 5% of 80% of the cash receipts
19collected during the preceding fiscal year by the Audit Bureau
20of the Department under the Use Tax Act, the Service Use Tax
21Act, the Service Occupation Tax Act, the Retailers' Occupation
22Tax Act, and associated local occupation and use taxes
23administered by the Department.
24    Subject to payments of amounts into the Build Illinois
25Fund, the McCormick Place Expansion Project Fund, the Illinois
26Tax Increment Fund, the Energy Infrastructure Fund, and the

 

 

HB4844 Engrossed- 673 -LRB103 39009 AMC 69146 b

1Tax Compliance and Administration Fund as provided in this
2Section, beginning on July 1, 2018 the Department shall pay
3each month into the Downstate Public Transportation Fund the
4moneys required to be so paid under Section 2-3 of the
5Downstate Public Transportation Act.
6    Subject to successful execution and delivery of a
7public-private agreement between the public agency and private
8entity and completion of the civic build, beginning on July 1,
92023, of the remainder of the moneys received by the
10Department under the Use Tax Act, the Service Use Tax Act, the
11Service Occupation Tax Act, and this Act, the Department shall
12deposit the following specified deposits in the aggregate from
13collections under the Use Tax Act, the Service Use Tax Act, the
14Service Occupation Tax Act, and the Retailers' Occupation Tax
15Act, as required under Section 8.25g of the State Finance Act
16for distribution consistent with the Public-Private
17Partnership for Civic and Transit Infrastructure Project Act.
18The moneys received by the Department pursuant to this Act and
19required to be deposited into the Civic and Transit
20Infrastructure Fund are subject to the pledge, claim and
21charge set forth in Section 25-55 of the Public-Private
22Partnership for Civic and Transit Infrastructure Project Act.
23As used in this paragraph, "civic build", "private entity",
24"public-private agreement", and "public agency" have the
25meanings provided in Section 25-10 of the Public-Private
26Partnership for Civic and Transit Infrastructure Project Act.

 

 

HB4844 Engrossed- 674 -LRB103 39009 AMC 69146 b

1        Fiscal Year.............................Total Deposit
2        2024.....................................$200,000,000
3        2025....................................$206,000,000
4        2026....................................$212,200,000
5        2027....................................$218,500,000
6        2028....................................$225,100,000
7        2029....................................$288,700,000
8        2030....................................$298,900,000
9        2031....................................$309,300,000
10        2032....................................$320,100,000
11        2033....................................$331,200,000
12        2034....................................$341,200,000
13        2035....................................$351,400,000
14        2036....................................$361,900,000
15        2037....................................$372,800,000
16        2038....................................$384,000,000
17        2039....................................$395,500,000
18        2040....................................$407,400,000
19        2041....................................$419,600,000
20        2042....................................$432,200,000
21        2043....................................$445,100,000
22    Beginning July 1, 2021 and until July 1, 2022, subject to
23the payment of amounts into the County and Mass Transit
24District Fund, the Local Government Tax Fund, the Build
25Illinois Fund, the McCormick Place Expansion Project Fund, the
26Illinois Tax Increment Fund, and the Tax Compliance and

 

 

HB4844 Engrossed- 675 -LRB103 39009 AMC 69146 b

1Administration Fund as provided in this Section, the
2Department shall pay each month into the Road Fund the amount
3estimated to represent 16% of the net revenue realized from
4the taxes imposed on motor fuel and gasohol. Beginning July 1,
52022 and until July 1, 2023, subject to the payment of amounts
6into the County and Mass Transit District Fund, the Local
7Government Tax Fund, the Build Illinois Fund, the McCormick
8Place Expansion Project Fund, the Illinois Tax Increment Fund,
9and the Tax Compliance and Administration Fund as provided in
10this Section, the Department shall pay each month into the
11Road Fund the amount estimated to represent 32% of the net
12revenue realized from the taxes imposed on motor fuel and
13gasohol. Beginning July 1, 2023 and until July 1, 2024,
14subject to the payment of amounts into the County and Mass
15Transit District Fund, the Local Government Tax Fund, the
16Build Illinois Fund, the McCormick Place Expansion Project
17Fund, the Illinois Tax Increment Fund, and the Tax Compliance
18and Administration Fund as provided in this Section, the
19Department shall pay each month into the Road Fund the amount
20estimated to represent 48% of the net revenue realized from
21the taxes imposed on motor fuel and gasohol. Beginning July 1,
222024 and until July 1, 2025, subject to the payment of amounts
23into the County and Mass Transit District Fund, the Local
24Government Tax Fund, the Build Illinois Fund, the McCormick
25Place Expansion Project Fund, the Illinois Tax Increment Fund,
26and the Tax Compliance and Administration Fund as provided in

 

 

HB4844 Engrossed- 676 -LRB103 39009 AMC 69146 b

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

 

 

HB4844 Engrossed- 677 -LRB103 39009 AMC 69146 b

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

 

 

HB4844 Engrossed- 678 -LRB103 39009 AMC 69146 b

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

 

 

HB4844 Engrossed- 679 -LRB103 39009 AMC 69146 b

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

 

 

HB4844 Engrossed- 680 -LRB103 39009 AMC 69146 b

1fine not to exceed $250.
2    Any person engaged in the business of selling tangible
3personal property at retail as a concessionaire or other type
4of seller at the Illinois State Fair, county fairs, art shows,
5flea markets, and similar exhibitions or events, or any
6transient merchants, as defined by Section 2 of the Transient
7Merchant Act of 1987, may be required to make a daily report of
8the amount of such sales to the Department and to make a daily
9payment of the full amount of tax due. The Department shall
10impose this requirement when it finds that there is a
11significant risk of loss of revenue to the State at such an
12exhibition or event. Such a finding shall be based on evidence
13that a substantial number of concessionaires or other sellers
14who are not residents of Illinois will be engaging in the
15business of selling tangible personal property at retail at
16the exhibition or event, or other evidence of a significant
17risk of loss of revenue to the State. The Department shall
18notify concessionaires and other sellers affected by the
19imposition of this requirement. In the absence of notification
20by the Department, the concessionaires and other sellers shall
21file their returns as otherwise required in this Section.
22(Source: P.A. 102-634, eff. 8-27-21; 102-700, Article 60,
23Section 60-30, eff. 4-19-22; 102-700, Article 65, Section
2465-10, eff. 4-19-22; 102-813, eff. 5-13-22; 102-1019, eff.
251-1-23; 103-9, eff. 6-7-23; 103-154, eff. 6-30-23; 103-363,
26eff. 7-28-23; revised 9-27-23.)
 

 

 

HB4844 Engrossed- 681 -LRB103 39009 AMC 69146 b

1    Section 210. The Cigarette Tax Act is amended by changing
2Section 2 as follows:
 
3    (35 ILCS 130/2)  (from Ch. 120, par. 453.2)
4    Sec. 2. Tax imposed; rate; collection, payment, and
5distribution; discount.
6    (a) Beginning on July 1, 2019, in place of the aggregate
7tax rate of 99 mills previously imposed by this Act, a tax is
8imposed upon any person engaged in business as a retailer of
9cigarettes at the rate of 149 mills per cigarette sold or
10otherwise disposed of in the course of such business in this
11State.
12    (b) The payment of such taxes shall be evidenced by a stamp
13affixed to each original package of cigarettes, or an
14authorized substitute for such stamp imprinted on each
15original package of such cigarettes underneath the sealed
16transparent outside wrapper of such original package, as
17hereinafter provided. However, such taxes are not imposed upon
18any activity in such business in interstate commerce or
19otherwise, which activity may not under the Constitution and
20statutes of the United States be made the subject of taxation
21by this State.
22    Out of the 149 mills per cigarette tax imposed by
23subsection (a), until July 1, 2023, the revenues received from
244 mills shall be paid into the Common School Fund each month,

 

 

HB4844 Engrossed- 682 -LRB103 39009 AMC 69146 b

1not to exceed $9,000,000 per month. Out of the 149 mills per
2cigarette tax imposed by subsection (a), until July 1, 2023,
3all of the revenues received from 7 mills shall be paid into
4the Common School Fund each month. Out of the 149 mills per
5cigarette tax imposed by subsection (a), until July 1, 2023,
650 mills per cigarette each month shall be paid into the
7Healthcare Provider Relief Fund.
8    Beginning on July 1, 2006 and until July 1, 2023, all of
9the moneys received by the Department of Revenue pursuant to
10this Act and the Cigarette Use Tax Act, other than the moneys
11that are dedicated to the Common School Fund and, beginning on
12June 14, 2012 (the effective date of Public Act 97-688) this
13amendatory Act of the 97th General Assembly, other than the
14moneys from the additional taxes imposed by Public Act 97-688
15this amendatory Act of the 97th General Assembly that must be
16paid each month into the Healthcare Provider Relief Fund, and
17other than the moneys from the additional taxes imposed by
18Public Act 101-31 this amendatory Act of the 101st General
19Assembly that must be paid each month under subsection (c),
20shall be distributed each month as follows: first, there shall
21be paid into the General Revenue Fund an amount that, when
22added to the amount paid into the Common School Fund for that
23month, equals $29,200,000; then, from the moneys remaining, if
24any amounts required to be paid into the General Revenue Fund
25in previous months remain unpaid, those amounts shall be paid
26into the General Revenue Fund; then from the moneys remaining,

 

 

HB4844 Engrossed- 683 -LRB103 39009 AMC 69146 b

1$5,000,000 per month shall be paid into the School
2Infrastructure Fund; then, if any amounts required to be paid
3into the School Infrastructure Fund in previous months remain
4unpaid, those amounts shall be paid into the School
5Infrastructure Fund; then the moneys remaining, if any, shall
6be paid into the Long-Term Care Provider Fund. Any amounts
7required to be paid into the General Revenue Fund, the School
8Infrastructure Fund, the Long-Term Care Provider Fund, the
9Common School Fund, the Capital Projects Fund, or the
10Healthcare Provider Relief Fund under this subsection that
11remain unpaid as of July 1, 2023 shall be deemed satisfied on
12that date, eliminating any deficiency accrued through that
13date.
14    (c) Beginning on July 1, 2019 and until July 1, 2023, all
15of the moneys from the additional taxes imposed by Public Act
16101-31, except for moneys received from the tax on electronic
17cigarettes, received by the Department of Revenue pursuant to
18this Act, the Cigarette Use Tax Act, and the Tobacco Products
19Tax Act of 1995 shall be distributed each month into the
20Capital Projects Fund.
21    (c-5) Beginning on July 1, 2023, all of the moneys
22received by the Department of Revenue pursuant to (i) this
23Act, (ii) the Cigarette Use Tax Act, and (iii) the tax imposed
24on little cigars under Section 10-10 of the Tobacco Products
25Tax Act of 1995 shall be paid each month as follows:
26        (1) 7% into the Common School Fund;

 

 

HB4844 Engrossed- 684 -LRB103 39009 AMC 69146 b

1        (2) 34% into the Healthcare Provider Relief Fund;
2        (3) 34% into the Capital Projects Fund; and
3        (4) 25% into the General Revenue Fund.
4    (d) Until July 1, 2023, except for moneys received from
5the additional taxes imposed by Public Act 101-31, moneys
6collected from the tax imposed on little cigars under Section
710-10 of the Tobacco Products Tax Act of 1995 shall be included
8with the moneys collected under the Cigarette Tax Act and the
9Cigarette Use Tax Act when making distributions to the Common
10School Fund, the Healthcare Provider Relief Fund, the General
11Revenue Fund, the School Infrastructure Fund, and the
12Long-Term Care Provider Fund under this Section. Any amounts,
13including moneys collected from the tax imposed on little
14cigars under Section 10-10 of the Tobacco Products Tax Act of
151995, that are required to be paid into the General Revenue
16Fund, the School Infrastructure Fund, the Long-Term Care
17Provider Fund, the Common School Fund, the Capital Projects
18Fund, or the Healthcare Provider Relief Fund under subsection
19(b) that remain unpaid as of July 1, 2023 shall be deemed
20satisfied on that date, eliminating any deficiency accrued
21through that date. Beginning on July 1, 2023, moneys collected
22from the tax imposed on little cigars under Section 10-10 of
23the Tobacco Products Tax Act of 1995 shall be included with the
24moneys collected under the Cigarette Tax Act and the Cigarette
25Use Tax Act when making distributions under subsection
26subsections (c-5).

 

 

HB4844 Engrossed- 685 -LRB103 39009 AMC 69146 b

1    (e) If the tax imposed herein terminates or has
2terminated, distributors who have bought stamps while such tax
3was in effect and who therefore paid such tax, but who can
4show, to the Department's satisfaction, that they sold the
5cigarettes to which they affixed such stamps after such tax
6had terminated and did not recover the tax or its equivalent
7from purchasers, shall be allowed by the Department to take
8credit for such absorbed tax against subsequent tax stamp
9purchases from the Department by such distributor.
10    (f) The impact of the tax levied by this Act is imposed
11upon the retailer and shall be prepaid or pre-collected by the
12distributor for the purpose of convenience and facility only,
13and the amount of the tax shall be added to the price of the
14cigarettes sold by such distributor. Collection of the tax
15shall be evidenced by a stamp or stamps affixed to each
16original package of cigarettes, as hereinafter provided. Any
17distributor who purchases stamps may credit any excess
18payments verified by the Department against amounts
19subsequently due for the purchase of additional stamps, until
20such time as no excess payment remains.
21    (g) Each distributor shall collect the tax from the
22retailer at or before the time of the sale, shall affix the
23stamps as hereinafter required, and shall remit the tax
24collected from retailers to the Department, as hereinafter
25provided. Any distributor who fails to properly collect and
26pay the tax imposed by this Act shall be liable for the tax.

 

 

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1    (h) Any distributor having cigarettes in his or her
2possession on July 1, 2019 to which tax stamps have been
3affixed, and any distributor having stamps in his or her
4possession on July 1, 2019 that have not been affixed to
5packages of cigarettes before July 1, 2019, is required to pay
6the additional tax that begins on July 1, 2019 imposed by
7Public Act 101-31 this amendatory Act of the 101st General
8Assembly to the extent that the volume of affixed and
9unaffixed stamps in the distributor's possession on July 1,
102019 exceeds the average monthly volume of cigarette stamps
11purchased by the distributor in calendar year 2018. This
12payment, less the discount provided in subsection (l), is due
13when the distributor first makes a purchase of cigarette
14stamps on or after July 1, 2019 or on the first due date of a
15return under this Act occurring on or after July 1, 2019,
16whichever occurs first. Those distributors may elect to pay
17the additional tax on packages of cigarettes to which stamps
18have been affixed and on any stamps in the distributor's
19possession that have not been affixed to packages of
20cigarettes in their possession on July 1, 2019 over a period
21not to exceed 12 months from the due date of the additional tax
22by notifying the Department in writing. The first payment for
23distributors making such election is due when the distributor
24first makes a purchase of cigarette tax stamps on or after July
251, 2019 or on the first due date of a return under this Act
26occurring on or after July 1, 2019, whichever occurs first.

 

 

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1Distributors making such an election are not entitled to take
2the discount provided in subsection (l) on such payments.
3    (i) Any retailer having cigarettes in its possession on
4July 1, 2019 to which tax stamps have been affixed is not
5required to pay the additional tax that begins on July 1, 2019
6imposed by Public Act 101-31 this amendatory Act of the 101st
7General Assembly on those stamped cigarettes.
8    (j) Distributors making sales of cigarettes to secondary
9distributors shall add the amount of the tax to the price of
10the cigarettes sold by the distributors. Secondary
11distributors making sales of cigarettes to retailers shall
12include the amount of the tax in the price of the cigarettes
13sold to retailers. The amount of tax shall not be less than the
14amount of taxes imposed by the State and all local
15jurisdictions. The amount of local taxes shall be calculated
16based on the location of the retailer's place of business
17shown on the retailer's certificate of registration or
18sub-registration issued to the retailer pursuant to Section 2a
19of the Retailers' Occupation Tax Act. The original packages of
20cigarettes sold to the retailer shall bear all the required
21stamps, or other indicia, for the taxes included in the price
22of cigarettes.
23    (k) The amount of the Cigarette Tax imposed by this Act
24shall be separately stated, apart from the price of the goods,
25by distributors, manufacturer representatives, secondary
26distributors, and retailers, in all bills and sales invoices.

 

 

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1    (l) The distributor shall be required to collect the tax
2provided under subsection (a) paragraph (a) hereof, and, to
3cover the costs of such collection, shall be allowed a
4discount during any year commencing July 1st and ending the
5following June 30th in accordance with the schedule set out
6hereinbelow, which discount shall be allowed at the time of
7purchase of the stamps when purchase is required by this Act,
8or at the time when the tax is remitted to the Department
9without the purchase of stamps from the Department when that
10method of paying the tax is required or authorized by this Act.
11    On and after December 1, 1985, a discount equal to 1.75% of
12the amount of the tax payable under this Act up to and
13including the first $3,000,000 paid hereunder by such
14distributor to the Department during any such year and 1.5% of
15the amount of any additional tax paid hereunder by such
16distributor to the Department during any such year shall
17apply.
18    Two or more distributors that use a common means of
19affixing revenue tax stamps or that are owned or controlled by
20the same interests shall be treated as a single distributor
21for the purpose of computing the discount.
22    (m) The taxes herein imposed are in addition to all other
23occupation or privilege taxes imposed by the State of
24Illinois, or by any political subdivision thereof, or by any
25municipal corporation.
26(Source: P.A. 103-9, eff. 6-7-23; revised 9-28-23.)
 

 

 

HB4844 Engrossed- 689 -LRB103 39009 AMC 69146 b

1    Section 215. The Uniform Penalty and Interest Act is
2amended by changing Section 3-3 as follows:
 
3    (35 ILCS 735/3-3)  (from Ch. 120, par. 2603-3)
4    Sec. 3-3. Penalty for failure to file or pay.
5    (a) This subsection (a) is applicable before January 1,
61996. A penalty of 5% of the tax required to be shown due on a
7return shall be imposed for failure to file the tax return on
8or before the due date prescribed for filing determined with
9regard for any extension of time for filing (penalty for late
10filing or nonfiling). If any unprocessable return is corrected
11and filed within 21 days after notice by the Department, the
12late filing or nonfiling penalty shall not apply. If a penalty
13for late filing or nonfiling is imposed in addition to a
14penalty for late payment, the total penalty due shall be the
15sum of the late filing penalty and the applicable late payment
16penalty. Beginning on August 18, 1995 (the effective date of
17Public Act 89-379) this amendatory Act of 1995, in the case of
18any type of tax return required to be filed more frequently
19than annually, when the failure to file the tax return on or
20before the date prescribed for filing (including any
21extensions) is shown to be nonfraudulent and has not occurred
22in the 2 years immediately preceding the failure to file on the
23prescribed due date, the penalty imposed by Section 3-3(a)
24shall be abated.

 

 

HB4844 Engrossed- 690 -LRB103 39009 AMC 69146 b

1    (a-5) This subsection (a-5) is applicable to returns due
2on and after January 1, 1996 and on or before December 31,
32000. A penalty equal to 2% of the tax required to be shown due
4on a return, up to a maximum amount of $250, determined without
5regard to any part of the tax that is paid on time or by any
6credit that was properly allowable on the date the return was
7required to be filed, shall be imposed for failure to file the
8tax return on or before the due date prescribed for filing
9determined with regard for any extension of time for filing.
10However, if any return is not filed within 30 days after notice
11of nonfiling mailed by the Department to the last known
12address of the taxpayer contained in Department records, an
13additional penalty amount shall be imposed equal to the
14greater of $250 or 2% of the tax shown on the return. However,
15the additional penalty amount may not exceed $5,000 and is
16determined without regard to any part of the tax that is paid
17on time or by any credit that was properly allowable on the
18date the return was required to be filed (penalty for late
19filing or nonfiling). If any unprocessable return is corrected
20and filed within 30 days after notice by the Department, the
21late filing or nonfiling penalty shall not apply. If a penalty
22for late filing or nonfiling is imposed in addition to a
23penalty for late payment, the total penalty due shall be the
24sum of the late filing penalty and the applicable late payment
25penalty. In the case of any type of tax return required to be
26filed more frequently than annually, when the failure to file

 

 

HB4844 Engrossed- 691 -LRB103 39009 AMC 69146 b

1the tax return on or before the date prescribed for filing
2(including any extensions) is shown to be nonfraudulent and
3has not occurred in the 2 years immediately preceding the
4failure to file on the prescribed due date, the penalty
5imposed by Section 3-3(a-5) shall be abated.
6    (a-10) This subsection (a-10) is applicable to returns due
7on and after January 1, 2001. A penalty equal to 2% of the tax
8required to be shown due on a return, up to a maximum amount of
9$250, reduced by any tax that is paid on time or by any credit
10that was properly allowable on the date the return was
11required to be filed, shall be imposed for failure to file the
12tax return on or before the due date prescribed for filing
13determined with regard for any extension of time for filing.
14However, if any return is not filed within 30 days after notice
15of nonfiling mailed by the Department to the last known
16address of the taxpayer contained in Department records, an
17additional penalty amount shall be imposed equal to the
18greater of $250 or 2% of the tax shown on the return. However,
19the additional penalty amount may not exceed $5,000 and is
20determined without regard to any part of the tax that is paid
21on time or by any credit that was properly allowable on the
22date the return was required to be filed (penalty for late
23filing or nonfiling). If any unprocessable return is corrected
24and filed within 30 days after notice by the Department, the
25late filing or nonfiling penalty shall not apply. If a penalty
26for late filing or nonfiling is imposed in addition to a

 

 

HB4844 Engrossed- 692 -LRB103 39009 AMC 69146 b

1penalty for late payment, the total penalty due shall be the
2sum of the late filing penalty and the applicable late payment
3penalty. In the case of any type of tax return required to be
4filed more frequently than annually, when the failure to file
5the tax return on or before the date prescribed for filing
6(including any extensions) is shown to be nonfraudulent and
7has not occurred in the 2 years immediately preceding the
8failure to file on the prescribed due date, the penalty
9imposed by this subsection (a-10) shall be abated. This
10subsection (a-10) does not apply to transaction reporting
11returns required by Section 3 of the Retailers' Occupation Tax
12Act and Section 9 of the Use Tax Act that would not, when
13properly prepared and filed, result in the imposition of a
14tax; however, those returns are subject to the penalty set
15forth in subsection (a-15).
16    (a-15) A penalty of $100 shall be imposed for failure to
17file a transaction reporting return required by Section 3 of
18the Retailers' Occupation Tax Act and Section 9 of the Use Tax
19Act on or before the date a return is required to be filed;
20provided, however, that this penalty shall be imposed only if
21the return when properly prepared and filed would not result
22in the imposition of a tax. If such a transaction reporting
23return would result in the imposition of a tax when properly
24prepared and filed, then that return is subject to the
25provisions of subsection (a-10).
26    (b) This subsection is applicable before January 1, 1998.

 

 

HB4844 Engrossed- 693 -LRB103 39009 AMC 69146 b

1A penalty of 15% of the tax shown on the return or the tax
2required to be shown due on the return shall be imposed for
3failure to pay:
4        (1) the tax shown due on the return on or before the
5    due date prescribed for payment of that tax, an amount of
6    underpayment of estimated tax, or an amount that is
7    reported in an amended return other than an amended return
8    timely filed as required by subsection (b) of Section 506
9    of the Illinois Income Tax Act (penalty for late payment
10    or nonpayment of admitted liability); or
11        (2) the full amount of any tax required to be shown due
12    on a return and which is not shown (penalty for late
13    payment or nonpayment of additional liability), within 30
14    days after a notice of arithmetic error, notice and
15    demand, or a final assessment is issued by the Department.
16    In the case of a final assessment arising following a
17    protest and hearing, the 30-day period shall not begin
18    until all proceedings in court for review of the final
19    assessment have terminated or the period for obtaining a
20    review has expired without proceedings for a review having
21    been instituted. In the case of a notice of tax liability
22    that becomes a final assessment without a protest and
23    hearing, the penalty provided in this paragraph (2) shall
24    be imposed at the expiration of the period provided for
25    the filing of a protest.
26    (b-5) This subsection is applicable to returns due on and

 

 

HB4844 Engrossed- 694 -LRB103 39009 AMC 69146 b

1after January 1, 1998 and on or before December 31, 2000. A
2penalty of 20% of the tax shown on the return or the tax
3required to be shown due on the return shall be imposed for
4failure to pay:
5        (1) the tax shown due on the return on or before the
6    due date prescribed for payment of that tax, an amount of
7    underpayment of estimated tax, or an amount that is
8    reported in an amended return other than an amended return
9    timely filed as required by subsection (b) of Section 506
10    of the Illinois Income Tax Act (penalty for late payment
11    or nonpayment of admitted liability); or
12        (2) the full amount of any tax required to be shown due
13    on a return and which is not shown (penalty for late
14    payment or nonpayment of additional liability), within 30
15    days after a notice of arithmetic error, notice and
16    demand, or a final assessment is issued by the Department.
17    In the case of a final assessment arising following a
18    protest and hearing, the 30-day period shall not begin
19    until all proceedings in court for review of the final
20    assessment have terminated or the period for obtaining a
21    review has expired without proceedings for a review having
22    been instituted. In the case of a notice of tax liability
23    that becomes a final assessment without a protest and
24    hearing, the penalty provided in this paragraph (2) shall
25    be imposed at the expiration of the period provided for
26    the filing of a protest.

 

 

HB4844 Engrossed- 695 -LRB103 39009 AMC 69146 b

1    (b-10) This subsection (b-10) is applicable to returns due
2on and after January 1, 2001 and on or before December 31,
32003. A penalty shall be imposed for failure to pay:
4        (1) the tax shown due on a return on or before the due
5    date prescribed for payment of that tax, an amount of
6    underpayment of estimated tax, or an amount that is
7    reported in an amended return other than an amended return
8    timely filed as required by subsection (b) of Section 506
9    of the Illinois Income Tax Act (penalty for late payment
10    or nonpayment of admitted liability). The amount of
11    penalty imposed under this subsection (b-10)(1) shall be
12    2% of any amount that is paid no later than 30 days after
13    the due date, 5% of any amount that is paid later than 30
14    days after the due date and not later than 90 days after
15    the due date, 10% of any amount that is paid later than 90
16    days after the due date and not later than 180 days after
17    the due date, and 15% of any amount that is paid later than
18    180 days after the due date. If notice and demand is made
19    for the payment of any amount of tax due and if the amount
20    due is paid within 30 days after the date of the notice and
21    demand, then the penalty for late payment or nonpayment of
22    admitted liability under this subsection (b-10)(1) on the
23    amount so paid shall not accrue for the period after the
24    date of the notice and demand.
25        (2) the full amount of any tax required to be shown due
26    on a return and that is not shown (penalty for late payment

 

 

HB4844 Engrossed- 696 -LRB103 39009 AMC 69146 b

1    or nonpayment of additional liability), within 30 days
2    after a notice of arithmetic error, notice and demand, or
3    a final assessment is issued by the Department. In the
4    case of a final assessment arising following a protest and
5    hearing, the 30-day period shall not begin until all
6    proceedings in court for review of the final assessment
7    have terminated or the period for obtaining a review has
8    expired without proceedings for a review having been
9    instituted. The amount of penalty imposed under this
10    subsection (b-10)(2) shall be 20% of any amount that is
11    not paid within the 30-day period. In the case of a notice
12    of tax liability that becomes a final assessment without a
13    protest and hearing, the penalty provided in this
14    subsection (b-10)(2) shall be imposed at the expiration of
15    the period provided for the filing of a protest.
16    (b-15) This subsection (b-15) is applicable to returns due
17on and after January 1, 2004 and on or before December 31,
182004. A penalty shall be imposed for failure to pay the tax
19shown due or required to be shown due on a return on or before
20the due date prescribed for payment of that tax, an amount of
21underpayment of estimated tax, or an amount that is reported
22in an amended return other than an amended return timely filed
23as required by subsection (b) of Section 506 of the Illinois
24Income Tax Act (penalty for late payment or nonpayment of
25admitted liability). The amount of penalty imposed under this
26subsection (b-15)(1) shall be 2% of any amount that is paid no

 

 

HB4844 Engrossed- 697 -LRB103 39009 AMC 69146 b

1later than 30 days after the due date, 10% of any amount that
2is paid later than 30 days after the due date and not later
3than 90 days after the due date, 15% of any amount that is paid
4later than 90 days after the due date and not later than 180
5days after the due date, and 20% of any amount that is paid
6later than 180 days after the due date. If notice and demand is
7made for the payment of any amount of tax due and if the amount
8due is paid within 30 days after the date of this notice and
9demand, then the penalty for late payment or nonpayment of
10admitted liability under this subsection (b-15)(1) on the
11amount so paid shall not accrue for the period after the date
12of the notice and demand.
13    (b-20) This subsection (b-20) is applicable to returns due
14on and after January 1, 2005 and before January 1, 2024.
15        (1) A penalty shall be imposed for failure to pay,
16    prior to the due date for payment, any amount of tax the
17    payment of which is required to be made prior to the filing
18    of a return or without a return (penalty for late payment
19    or nonpayment of estimated or accelerated tax). The amount
20    of penalty imposed under this paragraph (1) shall be 2% of
21    any amount that is paid no later than 30 days after the due
22    date and 10% of any amount that is paid later than 30 days
23    after the due date.
24        (2) A penalty shall be imposed for failure to pay the
25    tax shown due or required to be shown due on a return on or
26    before the due date prescribed for payment of that tax or

 

 

HB4844 Engrossed- 698 -LRB103 39009 AMC 69146 b

1    an amount that is reported in an amended return other than
2    an amended return timely filed as required by subsection
3    (b) of Section 506 of the Illinois Income Tax Act (penalty
4    for late payment or nonpayment of tax). The amount of
5    penalty imposed under this paragraph (2) shall be 2% of
6    any amount that is paid no later than 30 days after the due
7    date, 10% of any amount that is paid later than 30 days
8    after the due date and prior to the date the Department has
9    initiated an audit or investigation of the taxpayer, and
10    20% of any amount that is paid after the date the
11    Department has initiated an audit or investigation of the
12    taxpayer; provided that the penalty shall be reduced to
13    15% if the entire amount due is paid not later than 30 days
14    after the Department has provided the taxpayer with an
15    amended return (following completion of an occupation,
16    use, or excise tax audit) or a form for waiver of
17    restrictions on assessment (following completion of an
18    income tax audit); provided further that the reduction to
19    15% shall be rescinded if the taxpayer makes any claim for
20    refund or credit of the tax, penalties, or interest
21    determined to be due upon audit, except in the case of a
22    claim filed pursuant to subsection (b) of Section 506 of
23    the Illinois Income Tax Act or to claim a carryover of a
24    loss or credit, the availability of which was not
25    determined in the audit. For purposes of this paragraph
26    (2), any overpayment reported on an original return that

 

 

HB4844 Engrossed- 699 -LRB103 39009 AMC 69146 b

1    has been allowed as a refund or credit to the taxpayer
2    shall be deemed to have not been paid on or before the due
3    date for payment and any amount paid under protest
4    pursuant to the provisions of the State Officers and
5    Employees Money Disposition Act shall be deemed to have
6    been paid after the Department has initiated an audit and
7    more than 30 days after the Department has provided the
8    taxpayer with an amended return (following completion of
9    an occupation, use, or excise tax audit) or a form for
10    waiver of restrictions on assessment (following completion
11    of an income tax audit).
12        (3) The penalty imposed under this subsection (b-20)
13    shall be deemed assessed at the time the tax upon which the
14    penalty is computed is assessed, except that, if the
15    reduction of the penalty imposed under paragraph (2) of
16    this subsection (b-20) to 15% is rescinded because a claim
17    for refund or credit has been filed, the increase in
18    penalty shall be deemed assessed at the time the claim for
19    refund or credit is filed.
20    (b-25) This subsection (b-25) is applicable to returns due
21on or after January 1, 2024.
22        (1) A penalty shall be imposed for failure to pay,
23    prior to the due date for payment, any amount of tax the
24    payment of which is required to be made prior to the filing
25    of a return or without a return (penalty for late payment
26    or nonpayment of estimated or accelerated tax). The amount

 

 

HB4844 Engrossed- 700 -LRB103 39009 AMC 69146 b

1    of penalty imposed under this paragraph (1) shall be 2% of
2    any amount that is paid no later than 30 days after the due
3    date and 10% of any amount that is paid later than 30 days
4    after the due date.
5        (2) A penalty shall be imposed for failure to pay the
6    tax shown due or required to be shown due on a return on or
7    before the due date prescribed for payment of that tax
8    (penalty for late payment or nonpayment of tax). The
9    amount of penalty imposed under this paragraph (2) shall
10    be 2% of any amount that is paid no later than 30 days
11    after the due date, 10% of any amount that is paid later
12    than 30 days after the due date and prior to the date the
13    Department initiates an audit or investigation of the
14    taxpayer, and 20% of any amount that is paid after the date
15    the Department initiates an audit or investigation of the
16    taxpayer; provided that the penalty shall be reduced to
17    15% if the entire amount due is paid not later than 30 days
18    after the Department provides the taxpayer with an amended
19    return (following completion of an occupation, use, or
20    excise tax audit) or a form for waiver of restrictions on
21    assessment (following completion of an income tax audit);
22    provided further that the reduction to 15% shall be
23    rescinded if the taxpayer makes any claim for refund or
24    credit of the tax, penalties, or interest determined to be
25    due upon audit, except in the case of a claim filed
26    pursuant to subsection (b) of Section 506 of the Illinois

 

 

HB4844 Engrossed- 701 -LRB103 39009 AMC 69146 b

1    Income Tax Act or to claim a carryover of a loss or credit,
2    the availability of which was not determined in the audit.
3    For purposes of this paragraph (2):
4            (A) any overpayment reported on an original return
5        that has been allowed as a refund or credit to the
6        taxpayer shall be deemed to have not been paid on or
7        before the due date for payment;
8            (B) any amount paid under protest pursuant to the
9        provisions of the State Officers and Employees Money
10        Disposition Act shall be deemed to have been paid
11        after the Department has initiated an audit and more
12        than 30 days after the Department has provided the
13        taxpayer with an amended return (following completion
14        of an occupation, use, or excise tax audit) or a form
15        for waiver of restrictions on assessment (following
16        completion of an income tax audit); and
17            (C) any liability resulting from a federal change
18        required to be reported under subsection (b) of
19        Section 506 of the Illinois Income Tax Act that is
20        reported and paid no later than the due date for filing
21        the federal change amended return shall be deemed to
22        have been paid on or before the due date prescribed for
23        payment.
24        (3) The penalty imposed under this subsection (b-25)
25    shall be deemed assessed at the time the tax upon which the
26    penalty is computed is assessed, except that, if the

 

 

HB4844 Engrossed- 702 -LRB103 39009 AMC 69146 b

1    reduction of the penalty imposed under paragraph (2) of
2    this subsection (b-25) to 15% is rescinded because a claim
3    for refund or credit has been filed, the increase in
4    penalty shall be deemed assessed at the time the claim for
5    refund or credit is filed.
6    (c) For purposes of the late payment penalties, the basis
7of the penalty shall be the tax shown or required to be shown
8on a return, whichever is applicable, reduced by any part of
9the tax which is paid on time and by any credit which was
10properly allowable on the date the return was required to be
11filed.
12    (d) A penalty shall be applied to the tax required to be
13shown even if that amount is less than the tax shown on the
14return.
15    (e) This subsection (e) is applicable to returns due
16before January 1, 2001. If both a subsection (b)(1) or
17(b-5)(1) penalty and a subsection (b)(2) or (b-5)(2) penalty
18are assessed against the same return, the subsection (b)(2) or
19(b-5)(2) penalty shall be assessed against only the additional
20tax found to be due.
21    (e-5) This subsection (e-5) is applicable to returns due
22on and after January 1, 2001. If both a subsection (b-10)(1)
23penalty and a subsection (b-10)(2) penalty are assessed
24against the same return, the subsection (b-10)(2) penalty
25shall be assessed against only the additional tax found to be
26due.

 

 

HB4844 Engrossed- 703 -LRB103 39009 AMC 69146 b

1    (f) If the taxpayer has failed to file the return, the
2Department shall determine the correct tax according to its
3best judgment and information, which amount shall be prima
4facie evidence of the correctness of the tax due.
5    (g) The time within which to file a return or pay an amount
6of tax due without imposition of a penalty does not extend the
7time within which to file a protest to a notice of tax
8liability or a notice of deficiency.
9    (h) No return shall be determined to be unprocessable
10because of the omission of any information requested on the
11return pursuant to Section 2505-575 of the Department of
12Revenue Law (20 ILCS 2505/2505-575).
13    (i) If a taxpayer has a tax liability for the taxable
14period ending after June 30, 1983 and prior to July 1, 2002
15that is eligible for amnesty under the Tax Delinquency Amnesty
16Act and the taxpayer fails to satisfy the tax liability during
17the amnesty period provided for in that Act for that taxable
18period, then the penalty imposed by the Department under this
19Section shall be imposed in an amount that is 200% of the
20amount that would otherwise be imposed under this Section.
21    (j) If a taxpayer has a tax liability for the taxable
22period ending after June 30, 2002 and prior to July 1, 2009
23that is eligible for amnesty under the Tax Delinquency Amnesty
24Act, except for any tax liability reported pursuant to Section
25506(b) of the Illinois Income Tax Act (35 ILCS 5/506(b)) that
26is not final, and the taxpayer fails to satisfy the tax

 

 

HB4844 Engrossed- 704 -LRB103 39009 AMC 69146 b

1liability during the amnesty period provided for in that Act
2for that taxable period, then the penalty imposed by the
3Department under this Section shall be imposed in an amount
4that is 200% of the amount that would otherwise be imposed
5under this Section.
6(Source: P.A. 103-98, eff. 1-1-24; revised 1-2-24.)
 
7    Section 220. The Illinois Independent Tax Tribunal Act of
82012 is amended by changing Section 1-60 as follows:
 
9    (35 ILCS 1010/1-60)
10    Sec. 1-60. Discovery and stipulation.
11    (a) The parties to the proceeding shall comply with the
12Supreme Court Rules for Civil Proceedings in the Trial Court
13regarding Discovery, Requests for Admission, and Pre-Trial
14Procedure.
15    (b) An A administrative law judge or the clerk of the Tax
16Tribunal, on the request of any party to the proceeding, shall
17issue subpoenas requiring the attendance of witnesses and
18giving of testimony and subpoenas duces tecum requiring the
19production of evidence or things.
20    (c) Any employee of the Tax Tribunal designated in writing
21for that purpose by the Chief Administrative Law Judge may
22administer oaths.
23    (d) The Tax Tribunal may enforce its order on discovery
24and other procedural issues, among other means, by deciding

 

 

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1issues wholly or partly against the offending party.
2(Source: P.A. 97-1129, eff. 8-28-12; revised 9-21-23.)
 
3    Section 225. The Illinois Pension Code is amended by
4changing Sections 15-198 and 16-127 as follows:
 
5    (40 ILCS 5/15-198)
6    Sec. 15-198. Application and expiration of new benefit
7increases.
8    (a) As used in this Section, "new benefit increase" means
9an increase in the amount of any benefit provided under this
10Article, or an expansion of the conditions of eligibility for
11any benefit under this Article, that results from an amendment
12to this Code that takes effect after June 1, 2005 (the
13effective date of Public Act 94-4). "New benefit increase",
14however, does not include any benefit increase resulting from
15the changes made to Article 1 or this Article by Public Act
16100-23, Public Act 100-587, Public Act 100-769, Public Act
17101-10, Public Act 101-610, Public Act 102-16, Public Act
18103-80, or Public Act 103-548 or this amendatory Act of the
19103rd General Assembly.
20    (b) Notwithstanding any other provision of this Code or
21any subsequent amendment to this Code, every new benefit
22increase is subject to this Section and shall be deemed to be
23granted only in conformance with and contingent upon
24compliance with the provisions of this Section.

 

 

HB4844 Engrossed- 706 -LRB103 39009 AMC 69146 b

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

 

 

HB4844 Engrossed- 707 -LRB103 39009 AMC 69146 b

1    (e) Except as otherwise provided in the language creating
2the new benefit increase, a new benefit increase that expires
3under this Section continues to apply to persons who applied
4and qualified for the affected benefit while the new benefit
5increase was in effect and to the affected beneficiaries and
6alternate payees of such persons, but does not apply to any
7other person, including, without limitation, a person who
8continues in service after the expiration date and did not
9apply and qualify for the affected benefit while the new
10benefit increase was in effect.
11(Source: P.A. 102-16, eff. 6-17-21; 103-80, eff. 6-9-23;
12103-548, eff. 8-11-23; revised 8-31-23.)
 
13    (40 ILCS 5/16-127)  (from Ch. 108 1/2, par. 16-127)
14    Sec. 16-127. Computation of creditable service.
15    (a) Each member shall receive regular credit for all
16service as a teacher from the date membership begins, for
17which satisfactory evidence is supplied and all contributions
18have been paid.
19    (b) The following periods of service shall earn optional
20credit and each member shall receive credit for all such
21service for which satisfactory evidence is supplied and all
22contributions have been paid as of the date specified:
23        (1) Prior service as a teacher.
24        (2) Service in a capacity essentially similar or
25    equivalent to that of a teacher, in the public common

 

 

HB4844 Engrossed- 708 -LRB103 39009 AMC 69146 b

1    schools in school districts in this State not included
2    within the provisions of this System, or of any other
3    State, territory, dependency or possession of the United
4    States, or in schools operated by or under the auspices of
5    the United States, or under the auspices of any agency or
6    department of any other State, and service during any
7    period of professional speech correction or special
8    education experience for a public agency within this State
9    or any other State, territory, dependency or possession of
10    the United States, and service prior to February 1, 1951
11    as a recreation worker for the Illinois Department of
12    Public Safety, for a period not exceeding the lesser of
13    2/5 of the total creditable service of the member or 10
14    years. The maximum service of 10 years which is allowable
15    under this paragraph shall be reduced by the service
16    credit which is validated by other retirement systems
17    under paragraph (i) of Section 15-113 and paragraph 1 of
18    Section 17-133. Credit granted under this paragraph may
19    not be used in determination of a retirement annuity or
20    disability benefits unless the member has at least 5 years
21    of creditable service earned subsequent to this employment
22    with one or more of the following systems: Teachers'
23    Retirement System of the State of Illinois, State
24    Universities Retirement System, and the Public School
25    Teachers' Pension and Retirement Fund of Chicago. Whenever
26    such service credit exceeds the maximum allowed for all

 

 

HB4844 Engrossed- 709 -LRB103 39009 AMC 69146 b

1    purposes of this Article, the first service rendered in
2    point of time shall be considered. The changes to this
3    paragraph subdivision (b)(2) made by Public Act 86-272
4    shall apply not only to persons who on or after its
5    effective date (August 23, 1989) are in service as a
6    teacher under the System, but also to persons whose status
7    as such a teacher terminated prior to such effective date,
8    whether or not such person is an annuitant on that date.
9        (3) Any periods immediately following teaching
10    service, under this System or under Article 17, (or
11    immediately following service prior to February 1, 1951 as
12    a recreation worker for the Illinois Department of Public
13    Safety) spent in active service with the military forces
14    of the United States; periods spent in educational
15    programs that prepare for return to teaching sponsored by
16    the federal government following such active military
17    service; if a teacher returns to teaching service within
18    one calendar year after discharge or after the completion
19    of the educational program, a further period, not
20    exceeding one calendar year, between time spent in
21    military service or in such educational programs and the
22    return to employment as a teacher under this System; and a
23    period of up to 2 years of active military service not
24    immediately following employment as a teacher.
25        The changes to this Section and Section 16-128
26    relating to military service made by Public Act P.A.

 

 

HB4844 Engrossed- 710 -LRB103 39009 AMC 69146 b

1    87-794 shall apply not only to persons who on or after its
2    effective date are in service as a teacher under the
3    System, but also to persons whose status as a teacher
4    terminated prior to that date, whether or not the person
5    is an annuitant on that date. In the case of an annuitant
6    who applies for credit allowable under this Section for a
7    period of military service that did not immediately follow
8    employment, and who has made the required contributions
9    for such credit, the annuity shall be recalculated to
10    include the additional service credit, with the increase
11    taking effect on the date the System received written
12    notification of the annuitant's intent to purchase the
13    credit, if payment of all the required contributions is
14    made within 60 days of such notice, or else on the first
15    annuity payment date following the date of payment of the
16    required contributions. In calculating the automatic
17    annual increase for an annuity that has been recalculated
18    under this Section, the increase attributable to the
19    additional service allowable under Public Act P.A. 87-794
20    shall be included in the calculation of automatic annual
21    increases accruing after the effective date of the
22    recalculation.
23        Credit for military service shall be determined as
24    follows: if entry occurs during the months of July,
25    August, or September and the member was a teacher at the
26    end of the immediately preceding school term, credit shall

 

 

HB4844 Engrossed- 711 -LRB103 39009 AMC 69146 b

1    be granted from July 1 of the year in which he or she
2    entered service; if entry occurs during the school term
3    and the teacher was in teaching service at the beginning
4    of the school term, credit shall be granted from July 1 of
5    such year. In all other cases where credit for military
6    service is allowed, credit shall be granted from the date
7    of entry into the service.
8        The total period of military service for which credit
9    is granted shall not exceed 5 years for any member unless
10    the service: (A) is validated before July 1, 1964, and (B)
11    does not extend beyond July 1, 1963. Credit for military
12    service shall be granted under this Section only if not
13    more than 5 years of the military service for which credit
14    is granted under this Section is used by the member to
15    qualify for a military retirement allotment from any
16    branch of the armed forces of the United States. The
17    changes to this paragraph subdivision (b)(3) made by
18    Public Act 86-272 shall apply not only to persons who on or
19    after its effective date (August 23, 1989) are in service
20    as a teacher under the System, but also to persons whose
21    status as such a teacher terminated prior to such
22    effective date, whether or not such person is an annuitant
23    on that date.
24        (4) Any periods served as a member of the General
25    Assembly.
26        (5)(i) Any periods for which a teacher, as defined in

 

 

HB4844 Engrossed- 712 -LRB103 39009 AMC 69146 b

1    Section 16-106, is granted a leave of absence, provided he
2    or she returns to teaching service creditable under this
3    System or the State Universities Retirement System
4    following the leave; (ii) periods during which a teacher
5    is involuntarily laid off from teaching, provided he or
6    she returns to teaching following the lay-off; (iii)
7    periods prior to July 1, 1983 during which a teacher
8    ceased covered employment due to pregnancy, provided that
9    the teacher returned to teaching service creditable under
10    this System or the State Universities Retirement System
11    following the pregnancy and submits evidence satisfactory
12    to the Board documenting that the employment ceased due to
13    pregnancy; and (iv) periods prior to July 1, 1983 during
14    which a teacher ceased covered employment for the purpose
15    of adopting an infant under 3 years of age or caring for a
16    newly adopted infant under 3 years of age, provided that
17    the teacher returned to teaching service creditable under
18    this System or the State Universities Retirement System
19    following the adoption and submits evidence satisfactory
20    to the Board documenting that the employment ceased for
21    the purpose of adopting an infant under 3 years of age or
22    caring for a newly adopted infant under 3 years of age.
23    However, total credit under this paragraph (5) may not
24    exceed 3 years.
25        Any qualified member or annuitant may apply for credit
26    under item (iii) or (iv) of this paragraph (5) without

 

 

HB4844 Engrossed- 713 -LRB103 39009 AMC 69146 b

1    regard to whether service was terminated before June 27,
2    1997 (the effective date of Public Act 90-32) this
3    amendatory Act of 1997. In the case of an annuitant who
4    establishes credit under item (iii) or (iv), the annuity
5    shall be recalculated to include the additional service
6    credit. The increase in annuity shall take effect on the
7    date the System receives written notification of the
8    annuitant's intent to purchase the credit, if the required
9    evidence is submitted and the required contribution paid
10    within 60 days of that notification, otherwise on the
11    first annuity payment date following the System's receipt
12    of the required evidence and contribution. The increase in
13    an annuity recalculated under this provision shall be
14    included in the calculation of automatic annual increases
15    in the annuity accruing after the effective date of the
16    recalculation.
17        Optional credit may be purchased under this paragraph
18    subsection (b)(5) for periods during which a teacher has
19    been granted a leave of absence pursuant to Section 24-13
20    of the School Code. A teacher whose service under this
21    Article terminated prior to the effective date of Public
22    Act P.A. 86-1488 shall be eligible to purchase such
23    optional credit. If a teacher who purchases this optional
24    credit is already receiving a retirement annuity under
25    this Article, the annuity shall be recalculated as if the
26    annuitant had applied for the leave of absence credit at

 

 

HB4844 Engrossed- 714 -LRB103 39009 AMC 69146 b

1    the time of retirement. The difference between the
2    entitled annuity and the actual annuity shall be credited
3    to the purchase of the optional credit. The remainder of
4    the purchase cost of the optional credit shall be paid on
5    or before April 1, 1992.
6        The change in this paragraph made by Public Act 86-273
7    shall be applicable to teachers who retire after June 1,
8    1989, as well as to teachers who are in service on that
9    date.
10        (6) Any days of unused and uncompensated accumulated
11    sick leave earned by a teacher. The service credit granted
12    under this paragraph shall be the ratio of the number of
13    unused and uncompensated accumulated sick leave days to
14    170 days, subject to a maximum of 2 years of service
15    credit. Prior to the member's retirement, each former
16    employer shall certify to the System the number of unused
17    and uncompensated accumulated sick leave days credited to
18    the member at the time of termination of service. The
19    period of unused sick leave shall not be considered in
20    determining the effective date of retirement. A member is
21    not required to make contributions in order to obtain
22    service credit for unused sick leave.
23        Credit for sick leave shall, at retirement, be granted
24    by the System for any retiring regional or assistant
25    regional superintendent of schools at the rate of 6 days
26    per year of creditable service or portion thereof

 

 

HB4844 Engrossed- 715 -LRB103 39009 AMC 69146 b

1    established while serving as such superintendent or
2    assistant superintendent.
3        (7) Periods prior to February 1, 1987 served as an
4    employee of the Illinois Mathematics and Science Academy
5    for which credit has not been terminated under Section
6    15-113.9 of this Code.
7        (8) Service as a substitute teacher for work performed
8    prior to July 1, 1990.
9        (9) Service as a part-time teacher for work performed
10    prior to July 1, 1990.
11        (10) Up to 2 years of employment with Southern
12    Illinois University - Carbondale from September 1, 1959 to
13    August 31, 1961, or with Governors State University from
14    September 1, 1972 to August 31, 1974, for which the
15    teacher has no credit under Article 15. To receive credit
16    under this item (10), a teacher must apply in writing to
17    the Board and pay the required contributions before May 1,
18    1993 and have at least 12 years of service credit under
19    this Article.
20        (11) Periods of service as a student teacher as
21    described in Section 24-8.5 of the School Code for which
22    the student teacher received a salary.
23    (b-1) A member may establish optional credit for up to 2
24years of service as a teacher or administrator employed by a
25private school recognized by the Illinois State Board of
26Education, provided that the teacher (i) was certified under

 

 

HB4844 Engrossed- 716 -LRB103 39009 AMC 69146 b

1the law governing the certification of teachers at the time
2the service was rendered, (ii) applies in writing on or before
3June 30, 2028, (iii) supplies satisfactory evidence of the
4employment, (iv) completes at least 10 years of contributing
5service as a teacher as defined in Section 16-106, and (v) pays
6the contribution required in subsection (d-5) of Section
716-128. The member may apply for credit under this subsection
8and pay the required contribution before completing the 10
9years of contributing service required under item (iv), but
10the credit may not be used until the item (iv) contributing
11service requirement has been met.
12    (c) The service credits specified in this Section shall be
13granted only if: (1) such service credits are not used for
14credit in any other statutory tax-supported public employee
15retirement system other than the federal Social Security
16program; and (2) the member makes the required contributions
17as specified in Section 16-128. Except as provided in
18subsection (b-1) of this Section, the service credit shall be
19effective as of the date the required contributions are
20completed.
21    Any service credits granted under this Section shall
22terminate upon cessation of membership for any cause.
23    Credit may not be granted under this Section covering any
24period for which an age retirement or disability retirement
25allowance has been paid.
26    Credit may not be granted under this Section for service

 

 

HB4844 Engrossed- 717 -LRB103 39009 AMC 69146 b

1as an employee of an entity that provides substitute teaching
2services under Section 2-3.173 of the School Code and is not a
3school district.
4(Source: P.A. 102-525, eff. 8-20-21; 103-17, eff. 6-9-23;
5103-525, eff. 8-11-23; revised 9-5-23.)
 
6    Section 230. The Local Government Taxpayers' Bill of
7Rights Act is amended by changing Section 30 as follows:
 
8    (50 ILCS 45/30)
9    Sec. 30. Statute of limitations. Units of local government
10have an obligation to review tax returns in a timely manner and
11issue any determination of tax due as promptly as possible so
12that taxpayers may make timely corrections of future returns
13and minimize any interest charges applied to tax
14underpayments. Each unit of local government must provide
15appropriate statutes of limitation for the determination and
16assessment of taxes covered by this Act, provided, however,
17that a statute of limitations may not exceed the following:
18        (1) No notice of determination of tax due or
19    assessment may be issued more than 5 years after the end of
20    the calendar year for which the return for the period was
21    filed or the end of the calendar year in which the return
22    for the period was due, whichever occurs later. An audit
23    or review that is timely performed under Section 35 of
24    this Act or Section 8-11-2.5 of the Illinois Municipal

 

 

HB4844 Engrossed- 718 -LRB103 39009 AMC 69146 b

1    Code shall toll the applicable 5-year period for a period
2    of not more than one 1 year.
3        (2) If any tax return was not filed or if during any
4    4-year period for which a notice of tax determination or
5    assessment may be issued by the unit of local government
6    the tax paid or remitted was less than 75% of the tax due
7    for that period, the statute of limitations shall be no
8    more than 6 years after the end of the calendar year in
9    which the return for the period was due or the end of the
10    calendar year in which the return for the period was
11    filed, whichever occurs later. In the event that a unit of
12    local government fails to provide a statute of
13    limitations, the maximum statutory period provided in this
14    Section applies.
15    (3) The changes to this Section made by Public Act
16102-1144 this amendatory Act of the 102nd General Assembly do
17not revive any determination and assessment of tax due where
18the statute of limitations has expired as of March 17, 2023
19(the effective date of Public Act 102-1144) this amendatory
20Act of the 102nd General Assembly, but the changes do extend
21the statute of limitations for the determination and
22assessment of taxes where the statute of limitation has not
23expired as of March 17, 2023 (the effective date of Public Act
24102-1144) this amendatory Act of the 102nd General Assembly.
25    This Section does not place any limitation on a unit of
26local government if a fraudulent tax return is filed.

 

 

HB4844 Engrossed- 719 -LRB103 39009 AMC 69146 b

1(Source: P.A. 102-1144, eff. 3-17-23; revised 4-5-23.)
 
2    Section 235. The Uniform Peace Officers' Disciplinary Act
3is amended by changing Section 7.2 as follows:
 
4    (50 ILCS 725/7.2)
5    Sec. 7.2. Possession of a Firearm Owner's Identification
6Card. An employer of an officer shall not make possession of a
7Firearm Owner's Identification Card a condition of continued
8employment if the officer's Firearm Owner's Identification
9Card is revoked or seized because the officer has been a
10patient of a mental health facility and the officer has not
11been determined to pose a clear and present danger to himself,
12herself, or others as determined by a physician, clinical
13psychologist, or qualified examiner. Nothing in is this
14Section shall otherwise impair an employer's ability to
15determine an officer's fitness for duty. On and after August
1617, 2018 (the effective date of Public Act 100-911) this
17amendatory Act of the 100th General Assembly, Section 6 of
18this Act shall not apply to the prohibition requiring a
19Firearm Owner's Identification Card as a condition of
20continued employment, but a collective bargaining agreement
21already in effect on that issue on August 17, 2018 (the
22effective date of Public Act 100-911) this amendatory Act of
23the 100th General Assembly cannot be modified. The employer
24shall document if and why an officer has been determined to

 

 

HB4844 Engrossed- 720 -LRB103 39009 AMC 69146 b

1pose a clear and present danger.
2(Source: P.A. 100-911, eff. 8-17-18; 101-375, eff. 8-16-19;
3revised 4-5-23.)
 
4    Section 240. The Counties Code is amended by changing
5Sections 3-8002, 4-7001, 5-1022, and 5-1069.3 as follows:
 
6    (55 ILCS 5/3-8002)  (from Ch. 34, par. 3-8002)
7    Sec. 3-8002. Applicability and adoption. The county board
8of every county having a county police department merit board
9established under the "The County Police Department Act",
10approved August 7, 1967, as amended (repealed), or a merit
11commission for sheriff's personnel established under Section
1258.1 of "An Act to revise the law in relation to counties",
13approved March 31, 1874, as amended (repealed), shall adopt
14and implement the merit system provided by this Division and
15shall modify the merit system now in effect in that county as
16may be necessary to comply with this Division.
17    The county board of any county having a population of less
18than 1,000,000 which does not have a merit board or merit
19commission for sheriff's personnel may adopt and implement by
20ordinance the merit system provided by this Division. If the
21county board does not adopt such a merit system by an ordinance
22and if a petition signed by not fewer than 5% or 1000,
23whichever is less, of the registered electors of any such
24county is filed with the county clerk requesting a referendum

 

 

HB4844 Engrossed- 721 -LRB103 39009 AMC 69146 b

1on the adoption of a merit system for deputies in the office of
2the Sheriff, the county board shall, by appropriate ordinance,
3cause the question to be submitted to the electors of the
4county, at a special or general election specified in such
5ordinance, in accordance with the provisions of Section 28-3
6of the "The Election Code", approved May 11, 1943, as now or
7hereafter amended. Notice of the election shall be given as
8provided in Article 12 of that Code such code. If a majority of
9those voting on the proposition at such election vote in favor
10thereof, the county board shall adopt and implement a merit
11system provided in this Division. When a merit board or merit
12commission for sheriff's personnel has been established in a
13county, it may be abolished by the same procedure in which it
14was established.
15    This Division does not apply to any county having a
16population of more than 1,000,000 nor to any county which has
17not elected to adopt the merit system provided by this
18Division and which is not required to do so under this Section.
19(Source: P.A. 86-962; revised 9-25-23.)
 
20    (55 ILCS 5/4-7001)
21    Sec. 4-7001. Coroner's fees. The fees of the coroner's
22office shall be as follows:
23        1. For a copy of a transcript of sworn testimony:
24    $5.00 per page.
25        2. For a copy of an autopsy report (if not included in

 

 

HB4844 Engrossed- 722 -LRB103 39009 AMC 69146 b

1    transcript): $50.00.
2        3. For a copy of the verdict of a coroner's jury:
3    $5.00.
4        4. For a copy of a toxicology report: $25.00.
5        5. For a print of or an electronic file containing a
6    picture obtained by the coroner: actual cost or $3.00,
7    whichever is greater.
8        6. For each copy of miscellaneous reports, including
9    artist's drawings but not including police reports: actual
10    cost or $25.00, whichever is greater.
11        7. For a coroner's or medical examiner's permit to
12    cremate a dead human body: $100. The coroner may waive, at
13    his or her discretion, the permit fee if the coroner
14    determines that the person is indigent and unable to pay
15    the permit fee or under other special circumstances.
16        8. Except in a county with a population over
17    3,000,000, on and after January 1, 2024, for a certified
18    copy of a transcript of sworn testimony of a coroner's
19    inquest made by written request declaring the request is
20    for research or genealogy purposes: $15.00 for the entire
21    transcript. A request shall be deemed a proper request for
22    purpose of research or genealogy if the requested inquest
23    occurred not less than 20 years prior to the date of the
24    written request. The transcript shall be stamped with the
25    words "FOR GENEALOGY OR RESEARCH PURPOSES ONLY".
26    All of which fees shall be certified by the court; in the

 

 

HB4844 Engrossed- 723 -LRB103 39009 AMC 69146 b

1case of inmates of any State charitable or penal institution,
2the fees shall be paid by the operating department or
3commission, out of the State Treasury. The coroner shall file
4his or her claim in probate for his or her fees and he or she
5shall render assistance to the State's Attorney attorney in
6the collection of such fees out of the estate of the deceased.
7In counties of less than 1,000,000 population, the State's
8Attorney attorney shall collect such fees out of the estate of
9the deceased.
10    Except in a county with a population over 3,000,000, on
11and after January 1, 2024, the coroner may waive, at his or her
12discretion, any fees under this Section if the coroner
13determines that the person is indigent and unable to pay the
14fee or under other special circumstances as determined by the
15coroner.
16    Except as otherwise provided in this Section, whenever the
17coroner is required by law to perform any of the duties of the
18office of the sheriff, the coroner is entitled to the like fees
19and compensation as are allowed by law to the sheriff for the
20performance of similar services.
21    Except as otherwise provided in this Section, whenever the
22coroner of any county is required to travel in the performance
23of his or her duties, he or she shall receive the same mileage
24fees as are authorized for the sheriff of such county.
25    All fees under this Section collected by or on behalf of
26the coroner's office shall be paid over to the county

 

 

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1treasurer and deposited into a special account in the county
2treasury. Moneys in the special account shall be used solely
3for the purchase of electronic and forensic identification
4equipment or other related supplies and the operating expenses
5of the coroner's office.
6    The changes made by Public Act 103-73 this amendatory Act
7of the 103rd General Assembly do not apply retroactively.
8(Source: P.A. 103-29, eff. 7-1-23; 103-73, eff. 1-1-24;
9revised 12-12-23.)
 
10    (55 ILCS 5/5-1022)
11    Sec. 5-1022. Competitive bids.
12    (a) Any purchase by a county with fewer than 2,000,000
13inhabitants of services, materials, equipment or supplies in
14excess of $30,000, other than professional services, shall be
15contracted for in one of the following ways:
16        (1) by a contract let to the lowest responsible bidder
17    after advertising for bids in a newspaper published within
18    the county or, if no newspaper is published within the
19    county, then a newspaper having general circulation within
20    the county; or
21        (2) by a contract let without advertising for bids in
22    the case of an emergency if authorized by the county
23    board; or .
24        (3) by a contract let without advertising for bids in
25    the case of the expedited replacement of a disabled,

 

 

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1    inoperable, or damaged patrol vehicle of the sheriff's
2    department if authorized by the county board.
3    (b) In determining the lowest responsible bidder, the
4county board shall take into consideration the qualities of
5the articles supplied; their conformity with the
6specifications; their suitability to the requirements of the
7county; the availability of support services; the uniqueness
8of the service, materials, equipment, or supplies as it
9applies to networked, integrated computer systems; the
10compatibility to existing equipment; and the delivery terms.
11In addition, the county board may take into consideration the
12bidder's active participation in an applicable apprenticeship
13program registered with the United States Department of Labor.
14The county board also may take into consideration whether a
15bidder is a private enterprise or a State-controlled
16enterprise and, notwithstanding any other provision of this
17Section or a lower bid by a State-controlled enterprise, may
18let a contract to the lowest responsible bidder that is a
19private enterprise.
20    (c) This Section does not apply to contracts by a county
21with the federal government or to purchases of used equipment,
22purchases at auction or similar transactions which by their
23very nature are not suitable to competitive bids, pursuant to
24an ordinance adopted by the county board.
25    (d) Notwithstanding the provisions of this Section, a
26county may let without advertising for bids in the case of

 

 

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1purchases and contracts, when individual orders do not exceed
2$35,000, for the use, purchase, delivery, movement, or
3installation of data processing equipment, software, or
4services and telecommunications and inter-connect equipment,
5software, and services.
6    (e) A county may require, as a condition of any contract
7for goods and services, that persons awarded a contract with
8the county and all affiliates of the person collect and remit
9Illinois Use Tax on all sales of tangible personal property
10into the State of Illinois in accordance with the provisions
11of the Illinois Use Tax Act regardless of whether the person or
12affiliate is a "retailer maintaining a place of business
13within this State" as defined in Section 2 of the Use Tax Act.
14For purposes of this subsection (e), the term "affiliate"
15means any entity that (1) directly, indirectly, or
16constructively controls another entity, (2) is directly,
17indirectly, or constructively controlled by another entity, or
18(3) is subject to the control of a common entity. For purposes
19of this subsection (e), an entity controls another entity if
20it owns, directly or individually, more than 10% of the voting
21securities of that entity. As used in this subsection (e), the
22term "voting security" means a security that (1) confers upon
23the holder the right to vote for the election of members of the
24board of directors or similar governing body of the business
25or (2) is convertible into, or entitles the holder to receive
26upon its exercise, a security that confers such a right to

 

 

HB4844 Engrossed- 727 -LRB103 39009 AMC 69146 b

1vote. A general partnership interest is a voting security.
2    (f) Bids submitted to, and contracts executed by, the
3county may require a certification by the bidder or contractor
4that the bidder or contractor is not barred from bidding for or
5entering into a contract under this Section and that the
6bidder or contractor acknowledges that the county may declare
7the contract void if the certification completed pursuant to
8this subsection (f) is false.
9(Source: P.A. 103-14, eff. 1-1-24; 103-286, eff. 7-28-23;
10revised 12-12-23.)
 
11    (55 ILCS 5/5-1069.3)
12    Sec. 5-1069.3. Required health benefits. If a county,
13including a home rule county, is a self-insurer for purposes
14of providing health insurance coverage for its employees, the
15coverage shall include coverage for the post-mastectomy care
16benefits required to be covered by a policy of accident and
17health insurance under Section 356t and the coverage required
18under Sections 356g, 356g.5, 356g.5-1, 356q, 356u, 356w, 356x,
19356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11,
20356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25, 356z.26,
21356z.29, 356z.30a, 356z.32, 356z.33, 356z.36, 356z.40,
22356z.41, 356z.45, 356z.46, 356z.47, 356z.48, 356z.51, 356z.53,
23356z.54, 356z.56, 356z.57, 356z.59, 356z.60, and 356z.61, and
24356z.62, 356z.64, 356z.67, 356z.68, and 356z.70 of the
25Illinois Insurance Code. The coverage shall comply with

 

 

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1Sections 155.22a, 355b, 356z.19, and 370c of the Illinois
2Insurance Code. The Department of Insurance shall enforce the
3requirements of this Section. The requirement that health
4benefits be covered as provided in this Section is an
5exclusive power and function of the State and is a denial and
6limitation under Article VII, Section 6, subsection (h) of the
7Illinois Constitution. A home rule county to which this
8Section applies must comply with every provision of this
9Section.
10    Rulemaking authority to implement Public Act 95-1045, if
11any, is conditioned on the rules being adopted in accordance
12with all provisions of the Illinois Administrative Procedure
13Act and all rules and procedures of the Joint Committee on
14Administrative Rules; any purported rule not so adopted, for
15whatever reason, is unauthorized.
16(Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22;
17102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff.
181-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731,
19eff. 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22;
20102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff.
211-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91,
22eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24;
23103-535, eff. 8-11-23; 103-551, eff. 8-11-23; revised
248-29-23.)
 
25    Section 245. The Illinois Municipal Code is amended by

 

 

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1changing Sections 8-4-1 and 10-4-2.3 as follows:
 
2    (65 ILCS 5/8-4-1)  (from Ch. 24, par. 8-4-1)
3    Sec. 8-4-1. No bonds shall be issued by the corporate
4authorities of any municipality until the question of
5authorizing such bonds has been submitted to the electors of
6that municipality provided that notice of the bond referendum,
7if held before July 1, 1999, has been given in accordance with
8the provisions of Section 12-5 of the Election Code in effect
9at the time of the bond referendum, at least 10 and not more
10than 45 days before the date of the election, notwithstanding
11the time for publication otherwise imposed by Section 12-5,
12and approved by a majority of the electors voting upon that
13question. Notices required in connection with the submission
14of public questions on or after July 1, 1999 shall be as set
15forth in Section 12-5 of the Election Code. The clerk shall
16certify the proposition of the corporate authorities to the
17proper election authority who shall submit the question at an
18election in accordance with the general election law, subject
19to the notice provisions set forth in this Section.
20    Notice of any such election shall contain the amount of
21the bond issue, purpose for which issued, and maximum rate of
22interest.
23    In addition to all other authority to issue bonds, the
24Village of Indian Head Park is authorized to issue bonds for
25the purpose of paying the costs of making roadway improvements

 

 

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1in an amount not to exceed the aggregate principal amount of
2$2,500,000, provided that 60% of the votes cast at the general
3primary election held on March 18, 2014 are cast in favor of
4the issuance of the bonds, and the bonds are issued by December
531, 2014.
6    However, without the submission of the question of issuing
7bonds to the electors, the corporate authorities of any
8municipality may authorize the issuance of any of the
9following bonds:
10        (1) Bonds to refund any existing bonded indebtedness;
11        (2) Bonds to fund or refund any existing judgment
12    indebtedness;
13        (3) In any municipality of less than 500,000
14    population, bonds to anticipate the collection of
15    installments of special assessments and special taxes
16    against property owned by the municipality and to
17    anticipate the collection of the amount apportioned to the
18    municipality as public benefits under Article 9;
19        (4) Bonds issued by any municipality under Sections
20    8-4-15 through 8-4-23, 11-23-1 through 11-23-12, 11-26-1
21    through 11-26-6, 11-71-1 through 11-71-10, 11-74.3-1
22    through 11-74.3-7, 11-74.4-1 through 11-74.4-11, 11-74.5-1
23    through 11-74.5-15, 11-94-1 through 11-94-7, 11-102-1
24    through 11-102-10, 11-103-11 through 11-103-15, 11-118-1
25    through 11-118-6, 11-119-1 through 11-119-5, 11-129-1
26    through 11-129-7, 11-133-1 through 11-133-4, 11-139-1

 

 

HB4844 Engrossed- 731 -LRB103 39009 AMC 69146 b

1    through 11-139-12, 11-141-1 through 11-141-18 of this
2    Code, or 10-801 through 10-808 of the Illinois Highway
3    Code, as amended;
4        (5) Bonds issued by the board of education of any
5    school district under the provisions of Sections 34-30
6    through 34-36 of the The School Code, as amended;
7        (6) Bonds issued by any municipality under the
8    provisions of Division 6 of this Article 8; and by any
9    municipality under the provisions of Division 7 of this
10    Article 8; or under the provisions of Sections 11-121-4
11    and 11-121-5;
12        (7) Bonds to pay for the purchase of voting machines
13    by any municipality that has adopted Article 24 of the The
14    Election Code, approved May 11, 1943, as amended;
15        (8) Bonds issued by any municipality under Sections 15
16    and 46 of the "Environmental Protection Act", approved
17    June 29, 1970;
18        (9) Bonds issued by the corporate authorities of any
19    municipality under the provisions of Section 8-4-25 of
20    this Article 8;
21        (10) Bonds issued under Section 8-4-26 of this Article
22    8 by any municipality having a board of election
23    commissioners;
24        (11) Bonds issued under the provisions of the Special
25    Service Area Tax Act (repealed) "An Act to provide the
26    manner of levying or imposing taxes for the provision of

 

 

HB4844 Engrossed- 732 -LRB103 39009 AMC 69146 b

1    special services to areas within the boundaries of home
2    rule units and nonhome rule municipalities and counties",
3    approved September 21, 1973;
4        (12) Bonds issued under Section 8-5-16 of this Code;
5        (13) Bonds to finance the cost of the acquisition,
6    construction, or improvement of water or wastewater
7    treatment facilities mandated by an enforceable compliance
8    schedule developed in connection with the federal Clean
9    Water Act or a compliance order issued by the United
10    States Environmental Protection Agency or the Illinois
11    Pollution Control Board; provided that such bonds are
12    authorized by an ordinance adopted by a three-fifths
13    majority of the corporate authorities of the municipality
14    issuing the bonds which ordinance shall specify that the
15    construction or improvement of such facilities is
16    necessary to alleviate an emergency condition in such
17    municipality;
18        (14) Bonds issued by any municipality pursuant to
19    Section 11-113.1-1;
20        (15) Bonds issued under Sections 11-74.6-1 through
21    11-74.6-45, the Industrial Jobs Recovery Law of this Code;
22        (16) Bonds issued under the Innovation Development and
23    Economy Act, except as may be required by Section 35 of
24    that Act.
25(Source: P.A. 102-587, eff. 1-1-22; revised 9-25-23.)
 

 

 

HB4844 Engrossed- 733 -LRB103 39009 AMC 69146 b

1    (65 ILCS 5/10-4-2.3)
2    Sec. 10-4-2.3. Required health benefits. If a
3municipality, including a home rule municipality, is a
4self-insurer for purposes of providing health insurance
5coverage for its employees, the coverage shall include
6coverage for the post-mastectomy care benefits required to be
7covered by a policy of accident and health insurance under
8Section 356t and the coverage required under Sections 356g,
9356g.5, 356g.5-1, 356q, 356u, 356w, 356x, 356z.4, 356z.4a,
10356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13,
11356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 356z.29,
12356z.30a, 356z.32, 356z.33, 356z.36, 356z.40, 356z.41,
13356z.45, 356z.46, 356z.47, 356z.48, 356z.51, 356z.53, 356z.54,
14356z.56, 356z.57, 356z.59, 356z.60, and 356z.61, and 356z.62,
15356z.64, 356z.67, 356z.68, and 356z.70 of the Illinois
16Insurance Code. The coverage shall comply with Sections
17155.22a, 355b, 356z.19, and 370c of the Illinois Insurance
18Code. The Department of Insurance shall enforce the
19requirements of this Section. The requirement that health
20benefits be covered as provided in this is an exclusive power
21and function of the State and is a denial and limitation under
22Article VII, Section 6, subsection (h) of the Illinois
23Constitution. A home rule municipality to which this Section
24applies must comply with every provision of this Section.
25    Rulemaking authority to implement Public Act 95-1045, if
26any, is conditioned on the rules being adopted in accordance

 

 

HB4844 Engrossed- 734 -LRB103 39009 AMC 69146 b

1with all provisions of the Illinois Administrative Procedure
2Act and all rules and procedures of the Joint Committee on
3Administrative Rules; any purported rule not so adopted, for
4whatever reason, is unauthorized.
5(Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22;
6102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff.
71-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731,
8eff. 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22;
9102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff.
101-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91,
11eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24;
12103-535, eff. 8-11-23; 103-551, eff. 8-11-23; revised
138-29-23.)
 
14    Section 250. The Fire Protection District Act is amended
15by changing Section 20 as follows:
 
16    (70 ILCS 705/20)  (from Ch. 127 1/2, par. 38.3)
17    Sec. 20. Disconnection by operation of law.
18    (a) Any territory within a fire protection district that
19is or has been annexed to a municipality that provides fire
20protection for property within such city, village or
21incorporated town is, by operation of law, disconnected from
22the fire protection district as of the January first after
23such territory is annexed to the municipality as long as the
24municipality has conducted a response-time study that shows,

 

 

HB4844 Engrossed- 735 -LRB103 39009 AMC 69146 b

1at a minimum, estimated response times from the fire
2protection district to the territory and estimated response
3times of the municipal fire department from the territory or
4in case any such territory has been so annexed prior to the
5effective date of this amendatory Act of 1965, as of January 1,
61966.
7    (b) The disconnection by operation of law does not occur
8if, within 60 days after such annexation or after the
9effective date of this amendatory Act of 1965, whichever is
10later, the fire protection district files with the appropriate
11court and with the County Clerk of each county in which the
12fire protection district is located, a petition alleging that
13such disconnection will cause the territory remaining in the
14district to be noncontiguous or that the loss of assessed
15valuation by reason of such disconnection will impair the
16ability of the district to render fully adequate fire
17protection service to the territory remaining with the
18district. When such a petition is filed, with the court and
19with the County Clerk of each county in which the fire
20protection district is located, the court shall set it for
21hearing, and further proceedings shall be held, as provided in
22Section 15 of this Act, except that the city, village or
23incorporated town that annexed the territory shall be a
24necessary party to the proceedings, and it shall be served
25with summons in the manner for a party defendant under the
26Civil Practice Law. At such hearing, the district has the

 

 

HB4844 Engrossed- 736 -LRB103 39009 AMC 69146 b

1burden of proving the truth of the allegations in its
2petition.
3    (c) If disconnection does not occur, then the city,
4village or incorporated town in which part of a fire
5protection district's territory is located, is prohibited from
6levying the tax provided for by Section 11-7-1 of the
7"Illinois Municipal Code" in such fire protection district
8territory for services provided to the residents of such
9territory by the fire protection district.
10    (d) If there are any general obligation bonds of the fire
11protection district outstanding and unpaid at the time such
12territory is disconnected from the fire protection district by
13operation of this Section, such territory shall remain liable
14for its proportionate share of such bonded indebtedness and
15the fire protection district may continue to levy and extend
16taxes upon the taxable property in such territory for the
17purpose of amortizing such bonds until such time as sufficient
18funds to retire such bonds have been collected.
19    (e) On and after January 1, 2000 (the effective date of
20Public Act 91-307) this amendatory Act of the 91st General
21Assembly, when territory is disconnected from a fire
22protection district under this Section, the annexing
23municipality shall pay, on or before December 31 of each year
24for a period of 5 years after the effective date of the
25disconnection, to the fire protection district from which the
26territory was disconnected, an amount as follows:

 

 

HB4844 Engrossed- 737 -LRB103 39009 AMC 69146 b

1        (1) In the first year after the disconnection, an
2    amount equal to the real estate tax collected on the
3    property in the disconnected territory by the fire
4    protection district in the tax year immediately preceding
5    the year in which the disconnection took effect.
6        (2) In the second year after the disconnection, an
7    amount equal to 80% of the real estate tax collected on the
8    property in the disconnected territory by the fire
9    protection district in the tax year immediately preceding
10    the year in which the disconnection took effect.
11        (3) In the third year after the disconnection, an
12    amount equal to 60% of the real estate tax collected on the
13    property in the disconnected territory by the fire
14    protection district in the tax year immediately preceding
15    the year in which the disconnection took effect.
16        (4) In the fourth year after the disconnection, an
17    amount equal to 40% of the real estate tax collected on the
18    property in the disconnected territory by the fire
19    protection district in the tax year immediately preceding
20    the year in which the disconnection took effect.
21        (5) In the fifth year after the disconnection, an
22    amount equal to 20% of the real estate tax collected on the
23    property in the disconnected territory by the fire
24    protection district in the tax year immediately preceding
25    the year in which the disconnection took effect.
26    This subsection (e) applies to a fire protection district

 

 

HB4844 Engrossed- 738 -LRB103 39009 AMC 69146 b

1only if the corporate authorities of the district do not file a
2petition against the disconnection under subsection (b).
3    (f) A municipality that does not timely make the payment
4required in subsection (e) and which refuses to make such
5payment within 30 days following a written demand by the fire
6protection district entitled to the payment or which causes a
7fire protection district to incur an expense in order to
8collect the amount to which it is entitled under subsection
9(e) shall, in addition to the amount due under subsection (e),
10be responsible to reimburse the fire protection district for
11all costs incurred by the fire protection district in
12collecting the amount due, including, but not limited to,
13reasonable legal fees and court costs.
14(Source: P.A. 102-574, eff. 1-1-22; 102-773, eff. 1-1-23;
15revised 4-5-23.)
 
16    Section 255. The Illinois Waterway Ports Commission Act is
17amended by changing Section 15 as follows:
 
18    (70 ILCS 1816/15)
19    Sec. 15. Powers.
20    (a) The Commission may request funding from any federal,
21state, municipal, or local government or any other person or
22organization for purposes of the Commission within the
23Commission's jurisdiction. The individual port districts
24within the Commission's jurisdiction retain authority to

 

 

HB4844 Engrossed- 739 -LRB103 39009 AMC 69146 b

1request funding from any federal, state, municipal, or local
2government or any other person or organization for purposes of
3the individual port districts within the Commission area.
4    (b) The Commission may enter into a memorandum of
5understanding or intergovernmental agreement with the State, a
6unit of local government, or a federal governmental
7organization in the performance of its duties. The Commission
8may not exercise control over an a operation of a port district
9established by any other law except by voluntary agreement
10between the port district and the Commission.
11    (c) The Commission may perform any other act that may be
12useful in performing its duties under Section 10 or powers
13under this Section.
14(Source: P.A. 103-214, eff. 6-30-23; revised 9-25-23.)
 
15    Section 260. The Emergency Services Districts Act is
16amended by changing Section 11 as follows:
 
17    (70 ILCS 2005/11)
18    Sec. 11. Property tax; fees.
19    (a) An emergency services district organized under this
20Act may levy and collect a general tax on the property situated
21in the district, but the aggregate amount of taxes levied for
22any one year shall not exceed the rate of .20% of value, as
23equalized or assessed by the Department of Revenue. The board
24of trustees shall determine and certify the amount to be

 

 

HB4844 Engrossed- 740 -LRB103 39009 AMC 69146 b

1levied and shall return the same to the county clerk. The
2limitation upon the tax rate may be increased or decreased
3under the referendum provisions of the General Revenue Law of
4Illinois.
5    In case the district is located in more than one county,
6the board of trustees shall determine and certify the amount
7to be levied upon the taxable property lying in each county and
8return the same to the respective county clerks of the
9counties in which the amount is to be levied. In order to
10determine the amount to be levied upon the taxable property of
11that part of the district lying in each county, the board shall
12ascertain from the county clerk of the respective counties in
13which the district lies the last ascertained equalized value
14of the taxable property of the district lying in their
15respective counties, then shall ascertain the rate per cent
16required and shall, accordingly, apportion the whole amount to
17be raised between the several parts of the district so lying in
18the different counties. The tax provided for in this Section
19shall be levied at the same time and in the same manner as
20nearly as practicable as taxes are now levied for municipal
21purposes under the laws of this State.
22    All general taxes under this Act, when collected, shall be
23paid over to the treasurer of the board of trustees, who is
24authorized to receive and receipt for the same.
25    (b) An emergency services A rescue squad district
26organized under this Act may fix, charge, and collect fees for

 

 

HB4844 Engrossed- 741 -LRB103 39009 AMC 69146 b

1rescue squad services and ambulance services within or outside
2of the rescue squad district not exceeding the reasonable cost
3of the service.
4(Source: P.A. 103-134, eff. 1-1-24; 103-174, eff. 6-30-23;
5revised 12-12-23.)
 
6    Section 265. The Metropolitan Transit Authority Act is
7amended by changing Section 51 as follows:
 
8    (70 ILCS 3605/51)
9    Sec. 51. Free and reduced fare services; eligibility.
10    (a) Notwithstanding any law to the contrary, no later than
1160 days following January 18, 2008 (the effective date of
12Public Act 95-708) this amendatory Act of the 95th General
13Assembly and until subsection (b) is implemented, any fixed
14route public transportation services provided by, or under
15grant or purchase of service contracts of, the Board shall be
16provided without charge to all senior citizens of the
17Metropolitan Region (as such term is defined in Section 1.03
18of the Regional Transportation Authority Act 70 ILCS
193615/1.03) aged 65 and older, under such conditions as shall
20be prescribed by the Board.
21    (b) Notwithstanding any law to the contrary, no later than
22180 days following February 14, 2011 (the effective date of
23Public Act 96-1527) this amendatory Act of the 96th General
24Assembly, any fixed route public transportation services

 

 

HB4844 Engrossed- 742 -LRB103 39009 AMC 69146 b

1provided by, or under grant or purchase of service contracts
2of, the Board shall be provided without charge to senior
3citizens aged 65 and older who meet the income eligibility
4limitation set forth in subsection (a-5) of Section 4 of the
5Senior Citizens and Persons with Disabilities Property Tax
6Relief Act, under such conditions as shall be prescribed by
7the Board. The Department on Aging shall furnish all
8information reasonably necessary to determine eligibility,
9including updated lists of individuals who are eligible for
10services without charge under this Section. After an initial
11eligibility determination is made, an individual's eligibility
12for free services shall automatically renew every 5 years
13after receipt by the Authority of a copy of the individual's
14government-issued identification card validating Illinois
15residency. Nothing in this Section shall relieve the Board
16from providing reduced fares as may be required by federal
17law.
18    (c) The Board shall partner with the City of Chicago to
19provide transportation at reduced fares for participants in
20programs that offer employment and internship opportunities to
21youth and young adults ages 14 through 24.
22(Source: P.A. 103-241, eff. 1-1-24; 103-281, eff. 1-1-24;
23revised 12-12-23.)
 
24    Section 270. The Illinois Library System Act is amended by
25changing Section 3 as follows:
 

 

 

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1    (75 ILCS 10/3)  (from Ch. 81, par. 113)
2    Sec. 3. The State Librarian and the Illinois State Library
3staff shall administer the provisions of this Act and shall
4prescribe such rules and regulations as are necessary to carry
5the provisions of this Act into effect.
6    The rules and regulations established by the State
7Librarian for the administration of this Act shall be designed
8to achieve the following standards and objectives:
9        (A) Provide A provide library service for every
10    citizen in the State by extending library facilities to
11    areas not now served.
12        (B) Provide B provide library materials for student
13    needs at every educational level.
14        (C) Provide C provide adequate library materials to
15    satisfy the reference and research needs of the people of
16    this State.
17        (D) Provide D provide an adequate staff of
18    professionally trained librarians for the State.
19        (E) Adopt E adopt the American Library Association's
20    Library Bill of Rights that indicates materials should not
21    be proscribed or removed because of partisan or doctrinal
22    disapproval or, in the alternative, develop a written
23    statement declaring the inherent authority of the library
24    or library system to provide an adequate collection of
25    books and other materials sufficient in size and varied in

 

 

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1    kind and subject matter to satisfy the library needs of
2    the people of this State and prohibit the practice of
3    banning specific books or resources.
4        (F) Provide F provide adequate library outlets and
5    facilities convenient in time and place to serve the
6    people of this State.
7        (G) Encourage G encourage existing and new libraries
8    to develop library systems serving a sufficiently large
9    population to support adequate library service at
10    reasonable cost.
11        (H) Foster H foster the economic and efficient
12    utilization of public funds.
13        (I) Promote I promote the full utilization of local
14    pride, responsibility, initiative, and support of library
15    service and, at the same time, employ State aid as a
16    supplement to local support.
17    The Advisory Committee of the Illinois State Library shall
18confer with, advise, and make recommendations to the State
19Librarian regarding any matter under this Act and particularly
20with reference to the formation of library systems.
21(Source: P.A. 103-100, eff. 1-1-24; revised 1-2-24.)
 
22    Section 275. The School Code is amended by changing
23Sections 2-3.25d-5, 2-3.25o, 2-3.163, 3-11, 10-17a, 10-20.67,
2410-22.3f, 10-22.36, 10-22.39, 14-7.02, 14-8.02, 18-8.15, 19-6,
2521B-30, 21B-50, 21B-70, 22-30, 24-2, 24-12, 24A-5, 26A-40,

 

 

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127-23.1, 27A-3, 27A-5, 27A-6, 27A-7, 27A-11.5, and 34-84, by
2setting forth and renumbering multiple versions of Sections
32-3.196, 10-20.85, and 34-18.82, and by setting forth,
4renumbering, and changing multiple versions of Section 22-95
5as follows:
 
6    (105 ILCS 5/2-3.25d-5)
7    Sec. 2-3.25d-5. Targeted, Comprehensive, and Intensive
8schools.
9    (a) Beginning in 2018, a school designated as
10"Comprehensive" shall be defined as:
11        (1) a school that is among the lowest performing 5% of
12    schools in this State based on the multi-measures
13    accountability system defined in the State Plan, with
14    respect to the performance of the "all students" group;
15        (2) any high school with a graduation rate of less
16    than 67%;
17        (2.5) any school that has completed a full 4-year
18    cycle of Targeted School Improvement but remains
19    identified for Targeted Support for one or more of the
20    same student groups originally identified for Targeted
21    Support; or
22        (3) (blank).
23    The State Board of Education shall work with districts
24with one or more schools in Comprehensive School Improvement
25Status to perform a needs assessment to determine the

 

 

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1district's core functions that are areas of strength and
2weakness. The results from the needs assessment shall be used
3by the district and school to identify goals and objectives
4for improvement. The needs assessment shall include, at a
5minimum, a review of the following areas: student performance
6on State assessments; student performance on local
7assessments; finances, including resource allocation reviews;
8governance, including effectiveness of school leadership;
9student engagement opportunities and access to those
10opportunities; instructional practices; standards-aligned
11curriculum; school climate and culture survey results; family
12and community engagement; reflective stakeholder engagement;
13continuous school improvement practices; educator and employee
14quality, including staff continuity and turnover rates; and
15alignment of professional development to continuous
16improvement efforts.
17    (b) Beginning in 2018, a school designated as "Targeted"
18shall be defined as a school in which one or more student
19groups is performing at or below the level of the "all
20students" group of schools designated Comprehensive, as
21defined in paragraph (1) of subsection (a) of this Section.
22    (c) Beginning in 2023, a school designated as "Intensive"
23shall be defined as a school that has completed a full 4-year
24cycle of Comprehensive School Improvement but does not meet
25the criteria to exit that status, as defined in the State Plan
26referenced in subsection (b) of Section 2-3.25a of this Code,

 

 

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1at the end of the cycle.
2    (d) All schools in school improvement status, including
3Comprehensive, Targeted, and Intensive schools, must complete
4a school-level needs assessment and develop and implement a
5continuous improvement plan.
6(Source: P.A. 103-175, eff. 6-30-23; revised 9-22-23.)
 
7    (105 ILCS 5/2-3.25o)
8    Sec. 2-3.25o. Registration and recognition of non-public
9elementary and secondary schools.
10    (a) Findings. The General Assembly finds and declares (i)
11that the Constitution of the State of Illinois provides that a
12"fundamental goal of the People of the State is the
13educational development of all persons to the limits of their
14capacities" and (ii) that the educational development of every
15school student serves the public purposes of the State. In
16order to ensure that all Illinois students and teachers have
17the opportunity to enroll and work in State-approved
18educational institutions and programs, the State Board of
19Education shall provide for the voluntary registration and
20recognition of non-public elementary and secondary schools.
21    (b) Registration. All non-public elementary and secondary
22schools in the State of Illinois may voluntarily register with
23the State Board of Education on an annual basis. Registration
24shall be completed in conformance with procedures prescribed
25by the State Board of Education. Information required for

 

 

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1registration shall include assurances of compliance (i) with
2federal and State laws regarding health examination and
3immunization, attendance, length of term, and
4nondiscrimination, including assurances that the school will
5not prohibit hairstyles historically associated with race,
6ethnicity, or hair texture, including, but not limited to,
7protective hairstyles such as braids, locks, and twists, and
8(ii) with applicable fire and health safety requirements.
9    (c) Recognition. All non-public elementary and secondary
10schools in the State of Illinois may voluntarily seek the
11status of "Non-public School Recognition" from the State Board
12of Education. This status may be obtained by compliance with
13administrative guidelines and review procedures as prescribed
14by the State Board of Education. The guidelines and procedures
15must recognize that some of the aims and the financial bases of
16non-public schools are different from public schools and will
17not be identical to those for public schools, nor will they be
18more burdensome. The guidelines and procedures must also
19recognize the diversity of non-public schools and shall not
20impinge upon the noneducational relationships between those
21schools and their clientele.
22    (c-5) Prohibition against recognition. A non-public
23elementary or secondary school may not obtain "Non-public
24School Recognition" status unless the school requires all
25certified and non-certified applicants for employment with the
26school, after July 1, 2007, to authorize a fingerprint-based

 

 

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1criminal history records check as a condition of employment to
2determine if such applicants have been convicted of any of the
3enumerated criminal or drug offenses set forth in Section
421B-80 of this Code or have been convicted, within 7 years of
5the application for employment, of any other felony under the
6laws of this State or of any offense committed or attempted in
7any other state or against the laws of the United States that,
8if committed or attempted in this State, would have been
9punishable as a felony under the laws of this State.
10    Authorization for the check shall be furnished by the
11applicant to the school, except that if the applicant is a
12substitute teacher seeking employment in more than one
13non-public school, a teacher seeking concurrent part-time
14employment positions with more than one non-public school (as
15a reading specialist, special education teacher, or
16otherwise), or an educational support personnel employee
17seeking employment positions with more than one non-public
18school, then only one of the non-public schools employing the
19individual shall request the authorization. Upon receipt of
20this authorization, the non-public school shall submit the
21applicant's name, sex, race, date of birth, social security
22number, fingerprint images, and other identifiers, as
23prescribed by the Illinois State Police, to the Illinois State
24Police.
25    The Illinois State Police and Federal Bureau of
26Investigation shall furnish, pursuant to a fingerprint-based

 

 

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1criminal history records check, records of convictions,
2forever and hereafter, until expunged, to the president or
3principal of the non-public school that requested the check.
4The Illinois State Police shall charge that school a fee for
5conducting such check, which fee must be deposited into the
6State Police Services Fund and must not exceed the cost of the
7inquiry. Subject to appropriations for these purposes, the
8State Superintendent of Education shall reimburse non-public
9schools for fees paid to obtain criminal history records
10checks under this Section.
11    A non-public school may not obtain recognition status
12unless the school also performs a check of the Statewide Sex
13Offender Database, as authorized by the Sex Offender Community
14Notification Law, and the Statewide Murderer and Violent
15Offender Against Youth Database, as authorized by the Murderer
16and Violent Offender Against Youth Registration Act, for each
17applicant for employment, after July 1, 2007, to determine
18whether the applicant has been adjudicated of a sex offense or
19of a murder or other violent crime against youth. The checks of
20the Statewide Sex Offender Database and the Statewide
21Stateside Murderer and Violent Offender Against Youth Database
22must be conducted by the non-public school once for every 5
23years that an applicant remains employed by the non-public
24school..
25    Any information concerning the record of convictions
26obtained by a non-public school's president or principal under

 

 

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1this Section is confidential and may be disseminated only to
2the governing body of the non-public school or any other
3person necessary to the decision of hiring the applicant for
4employment. A copy of the record of convictions obtained from
5the Illinois State Police shall be provided to the applicant
6for employment. Upon a check of the Statewide Sex Offender
7Database, the non-public school shall notify the applicant as
8to whether or not the applicant has been identified in the Sex
9Offender Database as a sex offender. Any information
10concerning the records of conviction obtained by the
11non-public school's president or principal under this Section
12for a substitute teacher seeking employment in more than one
13non-public school, a teacher seeking concurrent part-time
14employment positions with more than one non-public school (as
15a reading specialist, special education teacher, or
16otherwise), or an educational support personnel employee
17seeking employment positions with more than one non-public
18school may be shared with another non-public school's
19principal or president to which the applicant seeks
20employment. Any unauthorized release of confidential
21information may be a violation of Section 7 of the Criminal
22Identification Act.
23    No non-public school may obtain recognition status that
24knowingly employs a person, hired after July 1, 2007, for whom
25an Illinois State Police and Federal Bureau of Investigation
26fingerprint-based criminal history records check and a

 

 

HB4844 Engrossed- 752 -LRB103 39009 AMC 69146 b

1Statewide Sex Offender Database check has not been initiated
2or who has been convicted of any offense enumerated in Section
321B-80 of this Code or any offense committed or attempted in
4any other state or against the laws of the United States that,
5if committed or attempted in this State, would have been
6punishable as one or more of those offenses. No non-public
7school may obtain recognition status under this Section that
8knowingly employs a person who has been found to be the
9perpetrator of sexual or physical abuse of a minor under 18
10years of age pursuant to proceedings under Article II of the
11Juvenile Court Act of 1987.
12    In order to obtain recognition status under this Section,
13a non-public school must require compliance with the
14provisions of this subsection (c-5) from all employees of
15persons or firms holding contracts with the school, including,
16but not limited to, food service workers, school bus drivers,
17and other transportation employees, who have direct, daily
18contact with pupils. Any information concerning the records of
19conviction or identification as a sex offender of any such
20employee obtained by the non-public school principal or
21president must be promptly reported to the school's governing
22body.
23    Prior to the commencement of any student teaching
24experience or required internship (which is referred to as
25student teaching in this Section) in any non-public elementary
26or secondary school that has obtained or seeks to obtain

 

 

HB4844 Engrossed- 753 -LRB103 39009 AMC 69146 b

1recognition status under this Section, a student teacher is
2required to authorize a fingerprint-based criminal history
3records check. Authorization for and payment of the costs of
4the check must be furnished by the student teacher to the chief
5administrative officer of the non-public school where the
6student teaching is to be completed. Upon receipt of this
7authorization and payment, the chief administrative officer of
8the non-public school shall submit the student teacher's name,
9sex, race, date of birth, social security number, fingerprint
10images, and other identifiers, as prescribed by the Illinois
11State Police, to the Illinois State Police. The Illinois State
12Police and the Federal Bureau of Investigation shall furnish,
13pursuant to a fingerprint-based criminal history records
14check, records of convictions, forever and hereinafter, until
15expunged, to the chief administrative officer of the
16non-public school that requested the check. The Illinois State
17Police shall charge the school a fee for conducting the check,
18which fee must be passed on to the student teacher, must not
19exceed the cost of the inquiry, and must be deposited into the
20State Police Services Fund. The school shall further perform a
21check of the Statewide Sex Offender Database, as authorized by
22the Sex Offender Community Notification Law, and of the
23Statewide Murderer and Violent Offender Against Youth
24Database, as authorized by the Murderer and Violent Offender
25Against Youth Registration Act, for each student teacher. No
26school that has obtained or seeks to obtain recognition status

 

 

HB4844 Engrossed- 754 -LRB103 39009 AMC 69146 b

1under this Section may knowingly allow a person to student
2teach for whom a criminal history records check, a Statewide
3Sex Offender Database check, and a Statewide Murderer and
4Violent Offender Against Youth Database check have not been
5completed and reviewed by the chief administrative officer of
6the non-public school.
7    A copy of the record of convictions obtained from the
8Illinois State Police must be provided to the student teacher.
9Any information concerning the record of convictions obtained
10by the chief administrative officer of the non-public school
11is confidential and may be transmitted only to the chief
12administrative officer of the non-public school or his or her
13designee, the State Superintendent of Education, the State
14Educator Preparation and Licensure Board, or, for
15clarification purposes, the Illinois State Police or the
16Statewide Sex Offender Database or Statewide Murderer and
17Violent Offender Against Youth Database. Any unauthorized
18release of confidential information may be a violation of
19Section 7 of the Criminal Identification Act.
20    No school that has obtained or seeks to obtain recognition
21status under this Section may knowingly allow a person to
22student teach who has been convicted of any offense that would
23subject him or her to license suspension or revocation
24pursuant to Section 21B-80 of this Code or who has been found
25to be the perpetrator of sexual or physical abuse of a minor
26under 18 years of age pursuant to proceedings under Article II

 

 

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1of the Juvenile Court Act of 1987.
2    Any school that has obtained or seeks to obtain
3recognition status under this Section may not prohibit
4hairstyles historically associated with race, ethnicity, or
5hair texture, including, but not limited to, protective
6hairstyles such as braids, locks, and twists.
7    (d) Public purposes. The provisions of this Section are in
8the public interest, for the public benefit, and serve secular
9public purposes.
10    (e) Definition. For purposes of this Section, a non-public
11school means any non-profit, non-home-based, and non-public
12elementary or secondary school that is in compliance with
13Title VI of the Civil Rights Act of 1964 and attendance at
14which satisfies the requirements of Section 26-1 of this Code.
15(Source: P.A. 102-360, eff. 1-1-22; 102-538, eff. 8-20-21;
16102-813, eff. 5-13-22; 103-111, eff. 6-29-23; revised
179-20-23.)
 
18    (105 ILCS 5/2-3.163)
19    Sec. 2-3.163. PUNS database information for students and
20parents or guardians.
21    (a) The General Assembly makes all of the following
22findings:
23        (1) Pursuant to Section 10-26 of the Department of
24    Human Services Act, the Department of Human Services
25    maintains a statewide database known as the PUNS database

 

 

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1    that records information about individuals with
2    intellectual disabilities or developmental disabilities
3    who are potentially in need of services.
4        (2) The Department of Human Services uses the data on
5    PUNS to select individuals for services as funding becomes
6    available, to develop proposals and materials for
7    budgeting, and to plan for future needs.
8        (3) The PUNS database is available for adults with
9    intellectual disabilities or developmental disabilities
10    who have unmet service needs anticipated in the next 5
11    years. The PUNS database is also available for children
12    with intellectual disabilities or developmental
13    disabilities with unmet service needs.
14        (4) Registration to be included on the PUNS database
15    is the first step toward receiving developmental
16    disabilities services in this State. A child or an adult
17    who is not on the PUNS database will not be in queue for
18    State developmental disabilities services.
19        (5) Lack of awareness and information about the PUNS
20    database results in underutilization or delays in
21    registration for the PUNS database by students with
22    intellectual disabilities or developmental disabilities
23    and their parents or guardians.
24    (a-5) The purpose of this Section is to ensure that each
25student with an intellectual disability or a developmental
26disability who has an individualized education program ("IEP")

 

 

HB4844 Engrossed- 757 -LRB103 39009 AMC 69146 b

1and the student's parents or guardian are informed about the
2PUNS database, where to register for the PUNS database, and
3whom they can contact for information about the PUNS database
4and the PUNS database registration process. This Section is
5not intended to change the PUNS database registration process
6established by the Department of Human Services or to impose
7any responsibility on the State Board of Education or a school
8district to register students for the PUNS database.
9    (a-10) As used in this Section, "PUNS" means the
10Prioritization of Urgency of Need for Services database or
11PUNS database developed and maintained by the Department of
12Human Services pursuant to Section 10-26 of the Department of
13Human Services Act.
14    (b) The State Board of Education may work in consultation
15with the Department of Human Services and with school
16districts to ensure that all students with intellectual
17disabilities or developmental disabilities and their parents
18or guardians are informed about the PUNS database, as
19described in subsections (c), (c-5), and (d) of this Section.
20    (c) The Department of Human Services, in consultation with
21the State Board of Education, shall develop and implement an
22online, computer-based training program for at least one
23designated employee in every public school in this State to
24educate the designated employee or employees about the PUNS
25database and steps required to register students for the PUNS
26database, including the documentation and information parents

 

 

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1or guardians will need for the registration process. The
2training shall include instruction on identifying and
3contacting the appropriate developmental disabilities
4Independent Service Coordination agency ("ISC") to register
5students for the PUNS database. The training of the designated
6employee or employees shall also include information about
7organizations and programs available in this State that offer
8assistance to families in understanding the PUNS database and
9navigating the PUNS database registration process. Each school
10district shall post on its public website and include in its
11student handbook the names of the designated trained employee
12or employees in each school within the school district.
13    (c-5) During the student's annual IEP review meeting, if
14the student has an intellectual disability or a developmental
15disability, the student's IEP team shall determine the
16student's PUNS database registration status based upon
17information provided by the student's parents or guardian or
18by the student. If it is determined that the student is not
19registered for the PUNS database or if it is unclear whether
20the student is registered for the PUNS database, the parents
21or guardian and the student shall be referred to a designated
22employee of the public school who has completed the training
23described in subsection (c). The designated trained employee
24shall provide the student's parents or guardian and the
25student with the name, location, and contact information of
26the appropriate ISC to contact in order to register the

 

 

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1student for the PUNS database. The designated trained employee
2shall also identify for the parents or guardian and the
3student the information and documentation they will need to
4complete the PUNS database registration process with the ISC,
5and shall also provide information to the parents or guardian
6and the student about organizations and programs available in
7this State that offer information to families about the PUNS
8database and the PUNS database registration process.
9    (d) The State Board of Education, in consultation with the
10Department of Human Services, through school districts, shall
11provide to the parents and guardians of each student with an
12IEP a copy of the latest version of the Department of Human
13Services's guide titled "Understanding PUNS: A Guide to
14Prioritization for Urgency of Need for Services" each year at
15the annual review meeting for the student's individualized
16education program.
17    (e) (Blank).
18    (f) Subject to appropriation, the Department of Human
19Services shall expand its selection of individuals from the
20PUNS Prioritization of Urgency of Need for Services database
21to include individuals who receive services through the
22Children and Young Adults with Developmental Disabilities -
23Support Waiver.
24(Source: P.A. 102-57, eff. 7-9-21; 103-504, eff. 1-1-24;
25103-546, eff. 8-11-23; revised 9-28-23.)
 

 

 

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1    (105 ILCS 5/2-3.196)
2    (This Section may contain text from a Public Act with a
3delayed effective date)
4    (Section scheduled to be repealed on July 1, 2029)
5    Sec. 2-3.196. Discrimination, harassment, and retaliation
6reporting.
7    (a) The requirements of this Section are subject to
8appropriation.
9    (b) The State Board of Education shall build data
10collection systems to allow the collection of data on reported
11allegations of the conduct described in paragraph (1).
12Beginning on August 1 of the year after the systems are
13implemented and for each reporting school year beginning on
14August 1 and ending on July 31 thereafter, each school
15district, charter school, and nonpublic, nonsectarian
16elementary or secondary school shall disclose to the State
17Board of Education all of the following information:
18        (1) The total number of reported allegations of
19    discrimination, harassment, or retaliation against
20    students received by each school district, charter school,
21    or nonpublic, nonsectarian elementary or secondary school
22    during the reporting school year, defined as August 1 to
23    July 31, in each of the following categories:
24            (A) sexual harassment;
25            (B) discrimination or harassment on the basis of
26        race, color, or national origin;

 

 

HB4844 Engrossed- 761 -LRB103 39009 AMC 69146 b

1            (C) discrimination or harassment on the basis of
2        sex;
3            (D) discrimination or harassment on the basis of
4        religion;
5            (E) discrimination or harassment on the basis of
6        disability; and
7            (F) retaliation.
8        (2) The status of allegations, as of the last day of
9    the reporting period, in each category under paragraph
10    (1).
11        Allegations shall be reported as unfounded, founded,
12    or investigation pending by the school district, charter
13    school, or nonpublic, nonsectarian elementary or secondary
14    school.
15    (c) A school district, charter school, or nonpublic,
16nonsectarian elementary or secondary school may not include in
17any disclosures required under this Section any information by
18which an individual may be personally identified, including
19the name of the victim or victims or those accused of an act of
20alleged discrimination, harassment, or retaliation.
21    (d) If a school district, charter school, or nonpublic,
22nonsectarian elementary or secondary school fails to disclose
23the information required in subsection (b) of this Section by
24July 31 of the reporting school year, the State Board of
25Education shall provide a written request for disclosure to
26the school district, charter school, or nonpublic,

 

 

HB4844 Engrossed- 762 -LRB103 39009 AMC 69146 b

1nonsectarian elementary or secondary school, thereby providing
2the period of time in which the required information must be
3disclosed. If a school district, charter school, or nonpublic,
4nonsectarian elementary or secondary school fails to disclose
5the information within 14 days after receipt of that written
6request, the State Board of Education may petition the
7Department of Human Rights to initiate a charge of a civil
8rights violation pursuant to Section 5A-102 of the Illinois
9Human Rights Act.
10    (e) The State Board of Education shall publish an annual
11report aggregating the information reported by school
12districts, charter schools, and nonpublic, nonsectarian
13elementary or secondary schools under subsection (b) of this
14Section. Data included in the report shall not be publicly
15attributed to any individual school district, charter school,
16or nonpublic, nonsectarian elementary or secondary school. The
17report shall include the number of incidents reported between
18August 1 and July 31 of the preceding reporting school year,
19based on each of the categories identified under paragraph (1)
20of this subsection (b).
21    The annual report shall be filed with the Department of
22Human Rights and the General Assembly and made available to
23the public by July 1 of the year following the reporting school
24year. Data submitted by a school district, charter school, or
25nonpublic, nonsectarian elementary or secondary school to
26comply with this Section is confidential and exempt from the

 

 

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1Freedom of Information Act.
2    (f) The State Board of Education may adopt any rules
3deemed necessary for implementation of this Section.
4    (g) This Section is repealed on July 1, 2029.
5(Source: P.A. 103-472, eff. 8-1-24.)
 
6    (105 ILCS 5/2-3.198)
7    Sec. 2-3.198 2-3.196. Teacher Vacancy Grant Pilot Program.
8    (a) Subject to appropriation, beginning in Fiscal Year
92024, the State Board of Education shall administer a 3-year
10Teacher Vacancy Grant Pilot Program for the allocation of
11formula grant funds to school districts to support the
12reduction of unfilled teaching positions throughout the State.
13The State Board shall identify which districts are eligible to
14apply for a 3-year grant under this Section by reviewing the
15State Board's Fiscal Year 2023 annual unfilled teaching
16positions report to determine which districts designated as
17Tier 1, Tier 2, and Tier 3 under Section 18-8.15 have the
18greatest need for funds. Based on the National Center for
19Education Statistics locale classifications, 60% of eligible
20districts shall be rural districts and 40% of eligible
21districts shall be urban districts. Continued funding for the
22grant in Fiscal Year 2025 and Fiscal Year 2026 is subject to
23appropriation. The State Board shall post, on its website,
24information about the grant program and the list of identified
25districts that are eligible to apply for a grant under this

 

 

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1subsection.
2    (b) A school district that is determined to be eligible
3for a grant under subsection (a) and that chooses to
4participate in the program must submit an application to the
5State Board that describes the relevant context for the need
6for teacher vacancy support, suspected causes of teacher
7vacancies in the district, and the district's plan in
8utilizing grant funds to reduce unfilled teaching positions
9throughout the district. If an eligible school district
10chooses not to participate in the program, the State Board
11shall identify a potential replacement district by using the
12same methodology described in subsection (a).
13    (c) Grant funds awarded under this Section may be used for
14financial incentives to support the recruitment and hiring of
15teachers, programs and incentives to strengthen teacher
16pipelines, or investments to sustain teachers and reduce
17attrition among teachers. Grant funds shall be used only for
18the purposes outlined in the district's application to the
19State Board to reduce unfilled teaching positions. Grant funds
20shall not be used for any purposes not approved by the State
21Board.
22    (d) A school district that receives grant funds under this
23Section shall submit an annual report to the State Board that
24includes, but is not limited to, a summary of all grant-funded
25activities implemented to reduce unfilled teaching positions,
26progress towards reducing unfilled teaching positions, the

 

 

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1number of unfilled teaching positions in the district in the
2preceding fiscal year, the number of new teachers hired during
3the program, the teacher attrition rate, the number of
4individuals participating in any programs designed to reduce
5attrition, the number of teachers retained using support of
6the grant funds, participation in any strategic pathway
7programs created under the program, and the number of and
8participation in any new pathways into teaching positions
9created under the program.
10    (e) No later than March 1, 2027, the State Board shall
11submit a report to the Governor and the General Assembly on the
12efficacy of the pilot program that includes a summary of the
13information received under subsection (d) and an overview of
14its activities to support grantees.
15(Source: P.A. 103-8, eff. 6-7-23; revised 9-25-23.)
 
16    (105 ILCS 5/2-3.199)
17    Sec. 2-3.199 2-3.196. Computer Science Equity Grant
18Program.
19    (a) Subject to appropriation, the State Board shall
20establish a competitive grant program to support the
21development or enhancement of computer science programs in the
22K-12 schools. Eligible entities are regional offices of
23education, intermediate service centers, State higher
24education institutions, schools designated as laboratory
25schools, and school districts. Approved entities shall be

 

 

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1responsible for ensuring that appropriate facilities are
2available and educators are appropriately trained on the use
3of any technologies or devices acquired for the purposes of
4the grant.
5    (b) Computer Science Equity Grant Program funds shall be
6used in the following manner consistent with application
7requirements established by the State Board of Education as
8provided in this Article:
9        (1) to expand learning opportunities in grades K-12 to
10    ensure that all students have access to computer science
11    coursework that is aligned to rigorous State standards and
12    emerging labor market needs;
13        (2) to train and retrain teachers of grades K-12 to be
14    more proficient in the teaching of computer science by
15    providing professional development opportunities;
16        (3) to supply classrooms with materials and equipment
17    related to the teaching and learning of computer science;
18    and
19        (4) to more effectively recruit and better serve K-12
20    learners who are underrepresented in the computer science
21    labor market for enrollment in computer science
22    coursework.
23    (c) Computer Science Equity Grant Program funds shall be
24made available to each eligible entity upon completion of an
25application process that is consistent with rules established
26by the State Board of Education. The application shall include

 

 

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1the planned use of the funds; identification of need for the
2funds that is supported by local, regional, and state data; a
3plan for long-term sustainability; and a long-term plan for
4continuous improvement.
5    (d) The State Board of Education shall adopt rules as may
6be necessary to implement the provision of this Article,
7including, but not limited to, the identification of
8additional prioritization areas for each competitive grant
9application cycle that are within the scope of the authorized
10uses. Priority consideration for all applications will be
11given for proposals that intend to serve a majority of
12learners or teachers with gender or racial/ethnic identities
13that are underrepresented in the computer science labor
14market.
15    (e) Up to 2 renewals of the grant will be allowed,
16providing the entity awarded satisfactorily completes
17programmatic reporting and meets program objectives
18commensurate with application requirements set forth by the
19State Board of Education.
20    (f) Grants under the Computer Science Equity Grant Program
21and funding levels for satisfactory applications may be
22prorated according to the amount appropriated.
23(Source: P.A. 103-264, eff. 1-1-24; revised 9-25-23.)
 
24    (105 ILCS 5/2-3.200)
25    Sec. 2-3.200 2-3.196. State Board of Education literacy

 

 

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1assistance.
2    (a) The State Board of Education shall adopt and make
3available all of the following to each publicly funded school
4district by July 1, 2024:
5        (1) A rubric by which districts may evaluate curricula
6    and select and implement evidence-based, culturally
7    inclusive core reading instruction programs aligned with
8    the comprehensive literacy plan for the State described in
9    subsection (c).
10        (2) A template to support districts when developing
11    comprehensive, district-wide literacy plans that include
12    support for special student populations, including, at a
13    minimum, students with disabilities, multilingual
14    students, and bidialectal students.
15        (3) Guidance on evidence-based practices for effective
16    structures for training and deploying literacy coaches to
17    support teachers and close opportunity gaps among student
18    demographic groups.
19    (b) On or before January 1, 2025, the State Board of
20Education shall develop and make available training
21opportunities for educators in teaching reading that are
22aligned with the comprehensive literacy plan described in
23subsection (c) and consistent with State learning standards.
24This support may include:
25        (1) the development of a microcredential or a series
26    of microcredentials in literacy instruction aligned with

 

 

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1    the comprehensive literacy plan described in subsection
2    (c) to be affixed to educator licenses upon successful
3    demonstration of the skill or completion of the required
4    coursework or assessment, or both, or online training
5    modules on literacy instruction, aligned with the
6    comprehensive literacy plan described in subsection (c)
7    and consistent with State learning standards, accepted for
8    continuing professional development units; and
9        (2) the creation and dissemination of a tool that
10    school districts, educators, and the public may use to
11    evaluate professional development and training programs
12    related to literacy instruction.
13    (c) In consultation with education stakeholders, the State
14Board of Education shall develop and adopt a comprehensive
15literacy plan for the State on or before January 31, 2024. The
16comprehensive literacy plan shall consider, without
17limitation, evidence-based research and culturally and
18linguistically sustaining pedagogical approaches to meet the
19needs of all students and shall, at a minimum, do all of the
20following:
21        (1) Consider core instructional literacy practices and
22    practices related to the unique needs of and support for
23    specific student populations, including, at a minimum,
24    students with disabilities, multilingual students, and
25    bidialectal students, and the resources and support,
26    including professional learning for teachers, needed to

 

 

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1    effectively implement the literacy instruction.
2        (2) Provide guidance related to screening tools, the
3    administration of such screening tools, and the
4    interpretation of the resulting data to identify students
5    at risk of reading difficulties in grades kindergarten
6    through 2. This guidance shall outline instances in which
7    dyslexia screenings and other universal screeners are
8    appropriate for use with English learners.
9        (3) Provide guidance related to early literacy
10    intervention for students in grades kindergarten through 2
11    for schools to implement with students at risk of reading
12    difficulties, as well as literacy intervention for
13    students in grades 3 through 12 demonstrating reading
14    difficulties.
15        (4) Consider the impact of second language acquisition
16    and bilingual education on reading instruction in the
17    student's native language and English.
18        (5) Define key terminology, such as "evidence-based".
19        (6) Contextualize the interaction between elements of
20    the plan and existing laws and regulations that have
21    overlapping components, such as a multi-tiered system of
22    support.
23        (7) Focus on a comprehensive range of elements of
24    literacy, including phonological awareness; decoding
25    (phonics); encoding (spelling); vocabulary development,
26    including morphology, oracy, and reading fluency; and

 

 

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1    reading comprehension, including syntax and background and
2    content knowledge.
3(Source: P.A. 103-402, eff. 7-28-23; revised 9-25-23.)
 
4    (105 ILCS 5/2-3.201)
5    Sec. 2-3.201 2-3.196. Children's Adversity Index. The
6Illinois State Board of Education shall develop a community or
7district-level Children's Adversity Index ("index") to measure
8community childhood trauma exposure across the population of
9children 3 through 18 years of age by May 31, 2025. This
10cross-agency effort shall be led by the State Board of
11Education and must include agencies that both collect the data
12and will have an ultimate use for the index information,
13including, but not limited to, the Governor's Office of Early
14Childhood Development, the Department of Human Services, the
15Department of Public Health, the Department of Innovation and
16Technology, the Illinois Criminal Justice Information
17Authority, the Department of Children and Family Services, and
18the Department of Juvenile Justice. The State Board of
19Education may also involve non-agency personnel with relevant
20expertise. The index shall be informed by research and include
21both adverse incident data, such as the number or rates of
22students and families experiencing homelessness and the number
23or percentages of children who have had contact with the child
24welfare system, and indicators of aspects of a child's
25environment that can undermine the child's sense of safety,

 

 

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1stability, and bonding, including growing up in a household
2with caregivers struggling with substance disorders or
3instability due to parent or guardian separation or
4incarceration of a parent or guardian, sibling, or other
5member of the household, or exposure to community violence.
6The index shall provide information that allows for measuring
7progress, comparing school districts to the State average, and
8that enables the index to be updated at least every 2 years.
9The data shall be made publicly available. The initial
10development of the index should leverage available data.
11Personally identifiable information of any individual shall
12not be revealed within this index.
13(Source: P.A. 103-413, eff. 1-1-24; revised 9-25-23.)
 
14    (105 ILCS 5/2-3.202)
15    Sec. 2-3.202 2-3.196. Clothing resource materials. By no
16later than July 1, 2024, the State Board of Education shall
17make available to schools resource materials developed in
18consultation with stakeholders regarding a student wearing or
19accessorizing the student's graduation attire with general
20items that may be used by the student to associate with,
21identify, or declare the student's cultural, ethnic, or
22religious identity or any other protected characteristic or
23category identified in subsection (Q) of Section 1-103 of the
24Illinois Human Rights Act. The State Board of Education shall
25make the resource materials available on its Internet website.

 

 

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1(Source: P.A. 103-463, eff. 8-4-23; revised 9-25-23.)
 
2    (105 ILCS 5/2-3.203)
3    Sec. 2-3.203 2-3.196. Mental health screenings. On or
4before December 15, 2023, the State Board of Education, in
5consultation with the Children's Behavioral Health
6Transformation Officer, Children's Behavioral Health
7Transformation Team, and the Office of the Governor, shall
8file a report with the Governor and the General Assembly that
9includes recommendations for implementation of mental health
10screenings in schools for students enrolled in kindergarten
11through grade 12. This report must include a landscape scan of
12current district-wide screenings, recommendations for
13screening tools, training for staff, and linkage and referral
14for identified students.
15(Source: P.A. 103-546, eff. 8-11-23; revised 9-25-23.)
 
16    (105 ILCS 5/3-11)
17    (Text of Section before amendment by P.A. 103-542)
18    Sec. 3-11. Institutes or inservice training workshops.
19    (a) In counties of less than 2,000,000 inhabitants, the
20regional superintendent may arrange for or conduct district,
21regional, or county institutes, or equivalent professional
22educational experiences, not more than 4 days annually. Of
23those 4 days, 2 days may be used as a teacher's and educational
24support personnel workshop, when approved by the regional

 

 

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1superintendent, up to 2 days may be used for conducting
2parent-teacher conferences, or up to 2 days may be utilized as
3parental institute days as provided in Section 10-22.18d.
4Educational support personnel may be exempt from a workshop if
5the workshop is not relevant to the work they do. A school
6district may use one of its 4 institute days on the last day of
7the school term. "Institute" or "Professional educational
8experiences" means any educational gathering, demonstration of
9methods of instruction, visitation of schools or other
10institutions or facilities, sexual abuse and sexual assault
11awareness seminar, or training in First Aid (which may include
12cardiopulmonary resuscitation or defibrillator training) held
13or approved by the regional superintendent and declared by the
14regional superintendent him to be an institute day, or
15parent-teacher conferences. With the concurrence of the State
16Superintendent of Education, he or she may employ such
17assistance as is necessary to conduct the institute. Two or
18more adjoining counties may jointly hold an institute.
19Institute instruction shall be free to holders of licenses
20good in the county or counties holding the institute and to
21those who have paid an examination fee and failed to receive a
22license.
23    In counties of 2,000,000 or more inhabitants, the regional
24superintendent may arrange for or conduct district, regional,
25or county inservice training workshops, or equivalent
26professional educational experiences, not more than 4 days

 

 

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1annually. Of those 4 days, 2 days may be used as a teacher's
2and educational support personnel workshop, when approved by
3the regional superintendent, up to 2 days may be used for
4conducting parent-teacher conferences, or up to 2 days may be
5utilized as parental institute days as provided in Section
610-22.18d. Educational support personnel may be exempt from a
7workshop if the workshop is not relevant to the work they do. A
8school district may use one of those 4 days on the last day of
9the school term. "Inservice Training Workshops" or
10"Professional educational experiences" means any educational
11gathering, demonstration of methods of instruction, visitation
12of schools or other institutions or facilities, sexual abuse
13and sexual assault awareness seminar, or training in First Aid
14(which may include cardiopulmonary resuscitation or
15defibrillator training) held or approved by the regional
16superintendent and declared by him to be an inservice training
17workshop, or parent-teacher conferences. With the concurrence
18of the State Superintendent of Education, he may employ such
19assistance as is necessary to conduct the inservice training
20workshop. With the approval of the regional superintendent, 2
21or more adjoining districts may jointly hold an inservice
22training workshop. In addition, with the approval of the
23regional superintendent, one district may conduct its own
24inservice training workshop with subject matter consultants
25requested from the county, State or any State institution of
26higher learning.

 

 

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1    Such teachers institutes as referred to in this Section
2may be held on consecutive or separate days at the option of
3the regional superintendent having jurisdiction thereof.
4    Whenever reference is made in this Act to "teachers
5institute", it shall be construed to include the inservice
6training workshops or equivalent professional educational
7experiences provided for in this Section.
8    Any institute advisory committee existing on April 1,
91995, is dissolved and the duties and responsibilities of the
10institute advisory committee are assumed by the regional
11office of education advisory board.
12    Districts providing inservice training programs shall
13constitute inservice committees, 1/2 of which shall be
14teachers, 1/4 school service personnel and 1/4 administrators
15to establish program content and schedules.
16    The teachers institutes shall include teacher training
17committed to (i) peer counseling programs and other
18anti-violence and conflict resolution programs, including
19without limitation programs for preventing at risk students
20from committing violent acts, and (ii) educator ethics and
21teacher-student conduct. Beginning with the 2009-2010 school
22year, the teachers institutes shall include instruction on
23prevalent student chronic health conditions. Beginning with
24the 2016-2017 school year, the teachers institutes shall
25include, at least once every 2 years, instruction on the
26federal Americans with Disabilities Act as it pertains to the

 

 

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1school environment.
2    (b) In this subsection (b):
3    "Trauma" is defined according to an event, an experience,
4and effects. Individual trauma results from an event, series
5of events, or set of circumstances that is experienced by an
6individual as physically or emotionally harmful or life
7threatening and that has lasting adverse effects on the
8individual's functioning and mental, physical, social, or
9emotional well-being. Collective trauma is a psychological
10reaction to a traumatic event shared by any group of people.
11This may include, but is not limited to, community violence,
12experiencing racism and discrimination, and the lack of the
13essential supports for well-being, such as educational or
14economic opportunities, food, health care, housing, and
15community cohesion. Trauma can be experienced by anyone,
16though it is disproportionately experienced by members of
17marginalized groups. Systemic and historical oppression, such
18as racism, is often at the root of this inequity. Symptoms may
19vary at different developmental stages and across different
20cultural groups and different communities.
21    "Trauma-responsive learning environments" means learning
22environments developed during an ongoing, multiyear-long
23process that typically progresses across the following 3
24stages:
25        (1) A school or district is "trauma aware" when it:
26            (A) has personnel that demonstrate a foundational

 

 

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1        understanding of a broad definition of trauma that is
2        developmentally and culturally based; includes
3        students, personnel, and communities; and recognizes
4        the potential effect on biological, cognitive,
5        academic, and social-emotional functioning; and
6            (B) recognizes that traumatic exposure can impact
7        behavior and learning and should be acknowledged in
8        policies, strategies, and systems of support for
9        students, families, and personnel.
10        (2) A school or district is "trauma responsive" when
11    it progresses from awareness to action in the areas of
12    policy, practice, and structural changes within a
13    multi-tiered system of support to promote safety, positive
14    relationships, and self-regulation while underscoring the
15    importance of personal well-being and cultural
16    responsiveness. Such progress may:
17            (A) be aligned with the Illinois Quality Framework
18        and integrated into a school or district's continuous
19        improvement process as evidence to support allocation
20        of financial resources;
21            (B) be assessed and monitored by a
22        multidisciplinary leadership team on an ongoing basis;
23        and
24            (C) involve the engagement and capacity building
25        of personnel at all levels to ensure that adults in the
26        learning environment are prepared to recognize and

 

 

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1        respond to those impacted by trauma.
2        (3) A school or district is healing centered when it
3    acknowledges its role and responsibility to the community,
4    fully responds to trauma, and promotes resilience and
5    healing through genuine, trusting, and creative
6    relationships. Such school schools or district districts
7    may:
8            (A) promote holistic and collaborative approaches
9        that are grounded in culture, spirituality, civic
10        engagement, and equity; and
11            (B) support agency within individuals, families,
12        and communities while engaging people in collective
13        action that moves from transactional to
14        transformational.
15    "Whole child" means using a child-centered, holistic,
16equitable lens across all systems that prioritizes physical,
17mental, and social-emotional health to ensure that every child
18is healthy, safe, supported, challenged, engaged, and
19protected.
20    Starting with the 2024-2025 school year, the teachers
21institutes shall provide instruction on trauma-informed
22practices and include the definitions of trauma,
23trauma-responsive learning environments, and whole child set
24forth in this subsection (b) before the first student
25attendance day of each school year.
26(Source: P.A. 103-413, eff. 1-1-24; revised 11-27-23.)
 

 

 

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1    (Text of Section after amendment by P.A. 103-542)
2    Sec. 3-11. Institutes or inservice training workshops.
3    (a) In counties of less than 2,000,000 inhabitants, the
4regional superintendent may arrange for or conduct district,
5regional, or county institutes, or equivalent professional
6educational experiences, not more than 4 days annually. Of
7those 4 days, 2 days may be used as a teachers, administrators,
8and school support personnel workshop, when approved by the
9regional superintendent, up to 2 days may be used for
10conducting parent-teacher conferences, or up to 2 days may be
11utilized as parental institute days as provided in Section
1210-22.18d. School support personnel may be exempt from a
13workshop if the workshop is not relevant to the work they do. A
14school district may use one of its 4 institute days on the last
15day of the school term. "Institute" or "Professional
16educational experiences" means any educational gathering,
17demonstration of methods of instruction, visitation of schools
18or other institutions or facilities, sexual abuse and sexual
19assault awareness seminar, or training in First Aid (which may
20include cardiopulmonary resuscitation or defibrillator
21training) held or approved by the regional superintendent and
22declared by the regional superintendent him to be an institute
23day, or parent-teacher conferences. With the concurrence of
24the State Superintendent of Education, the regional
25superintendent may employ such assistance as is necessary to

 

 

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1conduct the institute. Two or more adjoining counties may
2jointly hold an institute. Institute instruction shall be free
3to holders of licenses good in the county or counties holding
4the institute and to those who have paid an examination fee and
5failed to receive a license.
6    In counties of 2,000,000 or more inhabitants, the regional
7superintendent may arrange for or conduct district, regional,
8or county inservice training workshops, or equivalent
9professional educational experiences, not more than 4 days
10annually. Of those 4 days, 2 days may be used as a teachers,
11administrators, and school support personnel workshop, when
12approved by the regional superintendent, up to 2 days may be
13used for conducting parent-teacher conferences, or up to 2
14days may be utilized as parental institute days as provided in
15Section 10-22.18d. School support personnel may be exempt from
16a workshop if the workshop is not relevant to the work they do.
17A school district may use one of those 4 days on the last day
18of the school term. "Inservice Training Workshops" or
19"Professional educational experiences" means any educational
20gathering, demonstration of methods of instruction, visitation
21of schools or other institutions or facilities, sexual abuse
22and sexual assault awareness seminar, or training in First Aid
23(which may include cardiopulmonary resuscitation or
24defibrillator training) held or approved by the regional
25superintendent and declared by the regional superintendent to
26be an inservice training workshop, or parent-teacher

 

 

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1conferences. With the concurrence of the State Superintendent
2of Education, the regional superintendent may employ such
3assistance as is necessary to conduct the inservice training
4workshop. With the approval of the regional superintendent, 2
5or more adjoining districts may jointly hold an inservice
6training workshop. In addition, with the approval of the
7regional superintendent, one district may conduct its own
8inservice training workshop with subject matter consultants
9requested from the county, State or any State institution of
10higher learning.
11    Such institutes as referred to in this Section may be held
12on consecutive or separate days at the option of the regional
13superintendent having jurisdiction thereof.
14    Whenever reference is made in this Act to "institute", it
15shall be construed to include the inservice training workshops
16or equivalent professional educational experiences provided
17for in this Section.
18    Any institute advisory committee existing on April 1,
191995, is dissolved and the duties and responsibilities of the
20institute advisory committee are assumed by the regional
21office of education advisory board.
22    Districts providing inservice training programs shall
23constitute inservice committees, 1/2 of which shall be
24teachers, 1/4 school service personnel and 1/4 administrators
25to establish program content and schedules.
26    In addition to other topics not listed in this Section,

 

 

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1the teachers institutes may include training committed to
2health conditions of students; social-emotional learning;
3developing cultural competency; identifying warning signs of
4mental illness and suicidal behavior in youth; domestic and
5sexual violence and the needs of expectant and parenting
6youth; protections and accommodations for students; educator
7ethics; responding to child sexual abuse and grooming
8behavior; and effective instruction in violence prevention and
9conflict resolution. Institute programs in these topics shall
10be credited toward hours of professional development required
11for license renewal as outlined in subsection (e) of Section
1221B-45.
13    (b) In this subsection (b):
14    "Trauma" is defined according to an event, an experience,
15and effects. Individual trauma results from an event, series
16of events, or set of circumstances that is experienced by an
17individual as physically or emotionally harmful or life
18threatening and that has lasting adverse effects on the
19individual's functioning and mental, physical, social, or
20emotional well-being. Collective trauma is a psychological
21reaction to a traumatic event shared by any group of people.
22This may include, but is not limited to, community violence,
23experiencing racism and discrimination, and the lack of the
24essential supports for well-being, such as educational or
25economic opportunities, food, health care, housing, and
26community cohesion. Trauma can be experienced by anyone,

 

 

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1though it is disproportionately experienced by members of
2marginalized groups. Systemic and historical oppression, such
3as racism, is often at the root of this inequity. Symptoms may
4vary at different developmental stages and across different
5cultural groups and different communities.
6    "Trauma-responsive learning environments" means learning
7environments developed during an ongoing, multiyear-long
8process that typically progresses across the following 3
9stages:
10        (1) A school or district is "trauma aware" when it:
11            (A) has personnel that demonstrate a foundational
12        understanding of a broad definition of trauma that is
13        developmentally and culturally based; includes
14        students, personnel, and communities; and recognizes
15        the potential effect on biological, cognitive,
16        academic, and social-emotional functioning; and
17            (B) recognizes that traumatic exposure can impact
18        behavior and learning and should be acknowledged in
19        policies, strategies, and systems of support for
20        students, families, and personnel.
21        (2) A school or district is "trauma responsive" when
22    it progresses from awareness to action in the areas of
23    policy, practice, and structural changes within a
24    multi-tiered system of support to promote safety, positive
25    relationships, and self-regulation while underscoring the
26    importance of personal well-being and cultural

 

 

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1    responsiveness. Such progress may:
2            (A) be aligned with the Illinois Quality Framework
3        and integrated into a school or district's continuous
4        improvement process as evidence to support allocation
5        of financial resources;
6            (B) be assessed and monitored by a
7        multidisciplinary leadership team on an ongoing basis;
8        and
9            (C) involve the engagement and capacity building
10        of personnel at all levels to ensure that adults in the
11        learning environment are prepared to recognize and
12        respond to those impacted by trauma.
13        (3) A school or district is healing centered when it
14    acknowledges its role and responsibility to the community,
15    fully responds to trauma, and promotes resilience and
16    healing through genuine, trusting, and creative
17    relationships. Such school schools or district districts
18    may:
19            (A) promote holistic and collaborative approaches
20        that are grounded in culture, spirituality, civic
21        engagement, and equity; and
22            (B) support agency within individuals, families,
23        and communities while engaging people in collective
24        action that moves from transactional to
25        transformational.
26    "Whole child" means using a child-centered, holistic,

 

 

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1equitable lens across all systems that prioritizes physical,
2mental, and social-emotional health to ensure that every child
3is healthy, safe, supported, challenged, engaged, and
4protected.
5    Starting with the 2024-2025 school year, the teachers
6institutes shall provide instruction on trauma-informed
7practices and include the definitions of trauma,
8trauma-responsive learning environments, and whole child set
9forth in this subsection (b) before the first student
10attendance day of each school year.
11(Source: P.A. 103-413, eff. 1-1-24; 103-542, eff. 7-1-24 (see
12Section 905 of P.A. 103-563 for effective date of P.A.
13103-542); revised 11-27-23.)
 
14    (105 ILCS 5/10-17a)
15    Sec. 10-17a. State, school district, and school report
16cards; Expanded High School Snapshot Report.
17    (1) By October 31, 2013 and October 31 of each subsequent
18school year, the State Board of Education, through the State
19Superintendent of Education, shall prepare a State report
20card, school district report cards, and school report cards,
21and shall by the most economical means provide to each school
22district in this State, including special charter districts
23and districts subject to the provisions of Article 34, the
24report cards for the school district and each of its schools.
25Because of the impacts of the COVID-19 public health emergency

 

 

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1during school year 2020-2021, the State Board of Education
2shall have until December 31, 2021 to prepare and provide the
3report cards that would otherwise be due by October 31, 2021.
4During a school year in which the Governor has declared a
5disaster due to a public health emergency pursuant to Section
67 of the Illinois Emergency Management Agency Act, the report
7cards for the school districts and each of its schools shall be
8prepared by December 31.
9    (2) In addition to any information required by federal
10law, the State Superintendent shall determine the indicators
11and presentation of the school report card, which must
12include, at a minimum, the most current data collected and
13maintained by the State Board of Education related to the
14following:
15        (A) school characteristics and student demographics,
16    including average class size, average teaching experience,
17    student racial/ethnic breakdown, and the percentage of
18    students classified as low-income; the percentage of
19    students classified as English learners, the number of
20    students who graduate from a bilingual or English learner
21    program, and the number of students who graduate from,
22    transfer from, or otherwise leave bilingual programs; the
23    percentage of students who have individualized education
24    plans or 504 plans that provide for special education
25    services; the number and the percentage of all students in
26    grades kindergarten through 8, disaggregated by the

 

 

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1    student students demographics described in this paragraph
2    (A), in each of the following categories: (i) those who
3    have been assessed for placement in a gifted education
4    program or accelerated placement, (ii) those who have
5    enrolled in a gifted education program or in accelerated
6    placement, and (iii) for each of categories (i) and (ii),
7    those who received direct instruction from a teacher who
8    holds a gifted education endorsement; the number and the
9    percentage of all students in grades 9 through 12,
10    disaggregated by the student demographics described in
11    this paragraph (A), who have been enrolled in an advanced
12    academic program; the percentage of students scoring at
13    the "exceeds expectations" level on the assessments
14    required under Section 2-3.64a-5 of this Code; the
15    percentage of students who annually transferred in or out
16    of the school district; average daily attendance; the
17    per-pupil operating expenditure of the school district;
18    and the per-pupil State average operating expenditure for
19    the district type (elementary, high school, or unit);
20        (B) curriculum information, including, where
21    applicable, Advanced Placement, International
22    Baccalaureate or equivalent courses, dual credit courses,
23    foreign language classes, computer science courses, school
24    personnel resources (including Career Technical Education
25    teachers), before and after school programs,
26    extracurricular activities, subjects in which elective

 

 

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1    classes are offered, health and wellness initiatives
2    (including the average number of days of Physical
3    Education per week per student), approved programs of
4    study, awards received, community partnerships, and
5    special programs such as programming for the gifted and
6    talented, students with disabilities, and work-study
7    students;
8        (C) student outcomes, including, where applicable, the
9    percentage of students deemed proficient on assessments of
10    State standards, the percentage of students in the eighth
11    grade who pass Algebra, the percentage of students who
12    participated in workplace learning experiences, the
13    percentage of students enrolled in post-secondary
14    institutions (including colleges, universities, community
15    colleges, trade/vocational schools, and training programs
16    leading to career certification within 2 semesters of high
17    school graduation), the percentage of students graduating
18    from high school who are college and career ready, the
19    percentage of graduates enrolled in community colleges,
20    colleges, and universities who are in one or more courses
21    that the community college, college, or university
22    identifies as a developmental course, and the percentage
23    of students with disabilities under the federal
24    Individuals with Disabilities Education Act and Article 14
25    of this Code who have fulfilled the minimum State
26    graduation requirements set forth in Section 27-22 of this

 

 

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1    Code and have been issued a regular high school diploma;
2        (D) student progress, including, where applicable, the
3    percentage of students in the ninth grade who have earned
4    5 credits or more without failing more than one core
5    class, a measure of students entering kindergarten ready
6    to learn, a measure of growth, and the percentage of
7    students who enter high school on track for college and
8    career readiness;
9        (E) the school environment, including, where
10    applicable, high school dropout rate by grade level, the
11    percentage of students with less than 10 absences in a
12    school year, the percentage of teachers with less than 10
13    absences in a school year for reasons other than
14    professional development, leaves taken pursuant to the
15    federal Family Medical Leave Act of 1993, long-term
16    disability, or parental leaves, the 3-year average of the
17    percentage of teachers returning to the school from the
18    previous year, the number of different principals at the
19    school in the last 6 years, the number of teachers who hold
20    a gifted education endorsement, the process and criteria
21    used by the district to determine whether a student is
22    eligible for participation in a gifted education program
23    or advanced academic program and the manner in which
24    parents and guardians are made aware of the process and
25    criteria, the number of teachers who are National Board
26    Certified Teachers, disaggregated by race and ethnicity, 2

 

 

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1    or more indicators from any school climate survey selected
2    or approved by the State and administered pursuant to
3    Section 2-3.153 of this Code, with the same or similar
4    indicators included on school report cards for all surveys
5    selected or approved by the State pursuant to Section
6    2-3.153 of this Code, the combined percentage of teachers
7    rated as proficient or excellent in their most recent
8    evaluation, and, beginning with the 2022-2023 school year,
9    data on the number of incidents of violence that occurred
10    on school grounds or during school-related activities and
11    that resulted in an out-of-school suspension, expulsion,
12    or removal to an alternative setting, as reported pursuant
13    to Section 2-3.162;
14        (F) a school district's and its individual schools'
15    balanced accountability measure, in accordance with
16    Section 2-3.25a of this Code;
17        (G) the total and per pupil normal cost amount the
18    State contributed to the Teachers' Retirement System of
19    the State of Illinois in the prior fiscal year for the
20    school's employees, which shall be reported to the State
21    Board of Education by the Teachers' Retirement System of
22    the State of Illinois;
23        (H) for a school district organized under Article 34
24    of this Code only, State contributions to the Public
25    School Teachers' Pension and Retirement Fund of Chicago
26    and State contributions for health care for employees of

 

 

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1    that school district;
2        (I) a school district's Final Percent of Adequacy, as
3    defined in paragraph (4) of subsection (f) of Section
4    18-8.15 of this Code;
5        (J) a school district's Local Capacity Target, as
6    defined in paragraph (2) of subsection (c) of Section
7    18-8.15 of this Code, displayed as a percentage amount;
8        (K) a school district's Real Receipts, as defined in
9    paragraph (1) of subsection (d) of Section 18-8.15 of this
10    Code, divided by a school district's Adequacy Target, as
11    defined in paragraph (1) of subsection (b) of Section
12    18-8.15 of this Code, displayed as a percentage amount;
13        (L) a school district's administrative costs;
14        (M) whether or not the school has participated in the
15    Illinois Youth Survey. In this paragraph (M), "Illinois
16    Youth Survey" means a self-report survey, administered in
17    school settings every 2 years, designed to gather
18    information about health and social indicators, including
19    substance abuse patterns and the attitudes of students in
20    grades 8, 10, and 12;
21        (N) whether the school offered its students career and
22    technical education opportunities; and
23        (O) beginning Beginning with the October 2024 report
24    card, the total number of school counselors, school social
25    workers, school nurses, and school psychologists by
26    school, district, and State, the average number of

 

 

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1    students per school counselor in the school, district, and
2    State, the average number of students per school social
3    worker in the school, district, and State, the average
4    number of students per school nurse in the school,
5    district, and State, and the average number of students
6    per school psychologist in the school, district, and
7    State.
8    The school report card shall also provide information that
9allows for comparing the current outcome, progress, and
10environment data to the State average, to the school data from
11the past 5 years, and to the outcomes, progress, and
12environment of similar schools based on the type of school and
13enrollment of low-income students, special education students,
14and English learners.
15    As used in this subsection (2):
16    "Accelerated placement" has the meaning ascribed to that
17term in Section 14A-17 of this Code.
18    "Administrative costs" means costs associated with
19executive, administrative, or managerial functions within the
20school district that involve planning, organizing, managing,
21or directing the school district.
22    "Advanced academic program" means a course of study,
23including, but not limited to, accelerated placement, advanced
24placement coursework, International Baccalaureate coursework,
25dual credit, or any course designated as enriched or honors,
26that a student is enrolled in based on advanced cognitive

 

 

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1ability or advanced academic achievement compared to local age
2peers and in which the curriculum is substantially
3differentiated from the general curriculum to provide
4appropriate challenge and pace.
5    "Computer science" means the study of computers and
6algorithms, including their principles, their hardware and
7software designs, their implementation, and their impact on
8society. "Computer science" does not include the study of
9everyday uses of computers and computer applications, such as
10keyboarding or accessing the Internet.
11    "Gifted education" means educational services, including
12differentiated curricula and instructional methods, designed
13to meet the needs of gifted children as defined in Article 14A
14of this Code.
15    For the purposes of paragraph (A) of this subsection (2),
16"average daily attendance" means the average of the actual
17number of attendance days during the previous school year for
18any enrolled student who is subject to compulsory attendance
19by Section 26-1 of this Code at each school and charter school.
20    (2.5) For any school report card prepared after July 1,
212025, for all high school graduation completion rates that are
22reported on the school report card as required under this
23Section or by any other State or federal law, the State
24Superintendent of Education shall also report the percentage
25of students who did not meet the requirements of high school
26graduation completion for any reason and, of those students,

 

 

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1the percentage that are classified as students who fulfill the
2requirements of Section 14-16 of this Code.
3    The State Superintendent shall ensure that for the
42023-2024 school year there is a specific code for districts
5to report students who fulfill the requirements of Section
614-16 of this Code to ensure accurate reporting under this
7Section.
8    All reporting requirements under this subsection (2.5)
9shall be included on the school report card where high school
10graduation completion rates are reported, along with a brief
11explanation of how fulfilling the requirements of Section
1214-16 of this Code is different from receiving a regular high
13school diploma.
14    (3) At the discretion of the State Superintendent, the
15school district report card shall include a subset of the
16information identified in paragraphs (A) through (E) of
17subsection (2) of this Section, as well as information
18relating to the operating expense per pupil and other finances
19of the school district, and the State report card shall
20include a subset of the information identified in paragraphs
21(A) through (E) and paragraph (N) of subsection (2) of this
22Section. The school district report card shall include the
23average daily attendance, as that term is defined in
24subsection (2) of this Section, of students who have
25individualized education programs and students who have 504
26plans that provide for special education services within the

 

 

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1school district.
2    (4) Notwithstanding anything to the contrary in this
3Section, in consultation with key education stakeholders, the
4State Superintendent shall at any time have the discretion to
5amend or update any and all metrics on the school, district, or
6State report card.
7    (5) Annually, no more than 30 calendar days after receipt
8of the school district and school report cards from the State
9Superintendent of Education, each school district, including
10special charter districts and districts subject to the
11provisions of Article 34, shall present such report cards at a
12regular school board meeting subject to applicable notice
13requirements, post the report cards on the school district's
14Internet web site, if the district maintains an Internet web
15site, make the report cards available to a newspaper of
16general circulation serving the district, and, upon request,
17send the report cards home to a parent (unless the district
18does not maintain an Internet web site, in which case the
19report card shall be sent home to parents without request). If
20the district posts the report card on its Internet web site,
21the district shall send a written notice home to parents
22stating (i) that the report card is available on the web site,
23(ii) the address of the web site, (iii) that a printed copy of
24the report card will be sent to parents upon request, and (iv)
25the telephone number that parents may call to request a
26printed copy of the report card.

 

 

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1    (6) Nothing contained in Public Act 98-648 repeals,
2supersedes, invalidates, or nullifies final decisions in
3lawsuits pending on July 1, 2014 (the effective date of Public
4Act 98-648) in Illinois courts involving the interpretation of
5Public Act 97-8.
6    (7) As used in this subsection (7):
7    "Advanced-track coursework or programs" means any high
8school courses, sequence of courses, or class or grouping of
9students organized to provide more rigorous, enriched,
10advanced, accelerated, gifted, or above grade-level
11instruction. This may include, but is not limited to, Advanced
12Placement courses, International Baccalaureate courses,
13honors, weighted, advanced, or enriched courses, or gifted or
14accelerated programs, classrooms, or courses.
15    "Course" means any high school class or course offered by
16a school that is assigned a school course code by the State
17Board of Education.
18    "English learner coursework or English learner program"
19means a high school English learner course or program
20designated to serve English learners, who may be designated as
21English language learners or limited English proficiency
22learners.
23    "Standard coursework or programs" means any high school
24courses or classes other than advanced-track coursework or
25programs, English learner coursework or programs, or special
26education coursework or programs.

 

 

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1    By October 31, 2027 and by October 31 of each subsequent
2year, the State Board of Education, through the State
3Superintendent of Education, shall prepare a stand-alone
4report covering high schools, to be referred to as the
5Expanded High School Snapshot Report. The State Board shall
6post the Report on the State Board's Internet website. Each
7school district with a high school shall include on the school
8district's Internet website, if the district maintains an
9Internet website, a hyperlink to the Report on the State
10Board's Internet website titled "Expanded High School Snapshot
11Report". Hyperlinks under this subsection (7) shall be
12displayed in a manner that is easily accessible to the public.
13    The Expanded High School Snapshot Report shall include:
14        (A) a listing of all standard coursework or programs
15    offered by a high school;
16        (B) a listing of all advanced-track coursework or
17    programs offered by a high school;
18        (C) a listing of all English learner coursework or
19    programs offered by a high school;
20        (D) a listing of all special education coursework or
21    programs offered by a high school;
22        (E) data tables and graphs comparing advanced-track
23    coursework or programs with standard coursework or
24    programs according to the following parameters:
25            (i) the average years of experience of all
26        teachers in a high school who are assigned to teach

 

 

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1        advanced-track coursework or programs compared with
2        the average years of experience of all teachers in the
3        high school who are assigned to teach standard
4        coursework or programs;
5            (ii) the average years of experience of all
6        teachers in a high school who are assigned to teach
7        special education coursework or programs compared with
8        the average years of experience of all teachers in the
9        high school who are assigned to teach standard
10        coursework or programs;
11            (iii) the average years of experience of all
12        teachers in a high school who are assigned to teach
13        English learner coursework or programs compared with
14        the average years of experience of all teachers in the
15        high school who are assigned to teach standard
16        coursework or programs;
17            (iv) the number of high school teachers who
18        possess bachelor's, master's, or doctorate degrees and
19        who are assigned to teach advanced-track courses or
20        programs compared with the number of teachers who
21        possess bachelor's, master's, or doctorate degrees and
22        who are assigned to teach standard coursework or
23        programs;
24            (v) the number of high school teachers who possess
25        bachelor's, master's, or doctorate degrees and who are
26        assigned to teach special education coursework or

 

 

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1        programs compared with the number of teachers who
2        possess bachelor's, master's, or doctorate degrees and
3        who are assigned to teach standard coursework or
4        programs;
5            (vi) the number of high school teachers who
6        possess bachelor's, master's, or doctorate degrees and
7        who are assigned to teach English learner coursework
8        or programs compared with the number of teachers who
9        possess bachelor's, master's, or doctorate degrees and
10        who are assigned to teach standard coursework or
11        programs;
12            (vii) the average student enrollment and class
13        size of advanced-track coursework or programs offered
14        in a high school compared with the average student
15        enrollment and class size of standard coursework or
16        programs;
17            (viii) the percentages of students delineated by
18        gender who are enrolled in advanced-track coursework
19        or programs in a high school compared with the gender
20        of students enrolled in standard coursework or
21        programs;
22            (ix) the percentages of students delineated by
23        gender who are enrolled in special education
24        coursework or programs in a high school compared with
25        the percentages of students enrolled in standard
26        coursework or programs;

 

 

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1            (x) the percentages of students delineated by
2        gender who are enrolled in English learner coursework
3        or programs in a high school compared with the gender
4        of students enrolled in standard coursework or
5        programs;
6            (xi) the percentages of high school students in
7        each individual race and ethnicity category, as
8        defined in the most recent federal decennial census,
9        who are enrolled in advanced-track coursework or
10        programs compared with the percentages of students in
11        each individual race and ethnicity category enrolled
12        in standard coursework or programs;
13            (xii) the percentages of high school students in
14        each of the race and ethnicity categories, as defined
15        in the most recent federal decennial census, who are
16        enrolled in special education coursework or programs
17        compared with the percentages of students in each of
18        the race and ethnicity categories who are enrolled in
19        standard coursework or programs;
20            (xiii) the percentages of high school students in
21        each of the race and ethnicity categories, as defined
22        in the most recent federal decennial census, who are
23        enrolled in English learner coursework or programs in
24        a high school compared with the percentages of high
25        school students in each of the race and ethnicity
26        categories who are enrolled in standard coursework or

 

 

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1        programs;
2            (xiv) the percentage of high school students who
3        reach proficiency (the equivalent of a C grade or
4        higher on a grade A through F scale) in advanced-track
5        coursework or programs compared with the percentage of
6        students who earn proficiency (the equivalent of a C
7        grade or higher on a grade A through F scale) in
8        standard coursework or programs;
9            (xv) the percentage of high school students who
10        reach proficiency (the equivalent of a C grade or
11        higher on a grade A through F scale) in special
12        education coursework or programs compared with the
13        percentage of high school students who earn
14        proficiency (the equivalent of a C grade or higher on a
15        grade A through F scale) in standard coursework or
16        programs; and
17            (xvi) the percentage of high school students who
18        reach proficiency (the equivalent of a C grade or
19        higher on a grade A through F scale) in English learner
20        coursework or programs compared with the percentage of
21        high school students who earn proficiency (the
22        equivalent of a C grade or higher on a grade A through
23        F scale) in standard coursework or programs; and
24        (F) data tables and graphs for each race and ethnicity
25    category, as defined in the most recent federal decennial
26    census, and gender category, as defined in the most recent

 

 

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1    federal decennial census, describing:
2            (i) the total number of Advanced Placement courses
3        taken by race and ethnicity category and gender
4        category, as defined in the most recent federal
5        decennial census;
6            (ii) the total number of International
7        Baccalaureate courses taken by race and ethnicity
8        category and gender category, as defined in the most
9        recent federal decennial census;
10            (iii) for each race and ethnicity category and
11        gender category, as defined in the most recent federal
12        decennial census, the percentage of high school
13        students enrolled in Advanced Placement courses;
14            (iv) for each race and ethnicity category and
15        gender category, as defined in the most recent federal
16        decennial census, the percentage of high school
17        students enrolled in International Baccalaureate
18        courses; and
19            (v) for each race and ethnicity category, as
20        defined in the most recent federal decennial census,
21        the total number and percentage of high school
22        students who earn a score of 3 or higher on the
23        Advanced Placement exam associated with an Advanced
24        Placement course.
25    For data on teacher experience and education under this
26subsection (7), a teacher who teaches a combination of courses

 

 

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1designated as advanced-track coursework or programs, English
2learner coursework or programs, or standard coursework or
3programs shall be included in all relevant categories and the
4teacher's level of experience shall be added to the
5categories.
6(Source: P.A. 102-16, eff. 6-17-21; 102-294, eff. 1-1-22;
7102-539, eff. 8-20-21; 102-558, eff. 8-20-21; 102-594, eff.
87-1-22; 102-813, eff. 5-13-22; 103-116, eff. 6-30-23; 103-263,
9eff. 6-30-23; 103-413, eff, 1-1-24; 103-503, eff. 1-1-24;
10revised 9-12-23.)
 
11    (105 ILCS 5/10-20.67)
12    Sec. 10-20.67. Short-term substitute teacher training.
13    (a) Each school board shall, in collaboration with its
14teachers or, if applicable, the exclusive bargaining
15representative of its teachers, jointly develop a short-term
16substitute teacher training program that provides individuals
17who hold a Short-Term Substitute Teaching License under
18Section 21B-20 of this Code with information on curriculum,
19classroom management techniques, school safety, and district
20and building operations. The State Board of Education may
21develop a model short-term substitute teacher training program
22for use by a school board under this subsection (a) if the
23school board and its teachers or, if applicable, the exclusive
24bargaining representative of its teachers agree to use the
25State Board's model. A school board with a substitute teacher

 

 

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1training program in place before July 1, 2018 (the effective
2date of Public Act 100-596) may utilize that program to
3satisfy the requirements of this subsection (a).
4    (b) Nothing in this Section prohibits a school board from
5offering substitute training to substitute teachers licensed
6under paragraph (3) of Section 21B-20 of this Code or to
7substitute teachers holding a Professional Educator License.
8    (c) (Blank).
9(Source: P.A. 103-111, eff. 6-29-23; revised 9-20-23.)
 
10    (105 ILCS 5/10-20.85)
11    Sec. 10-20.85. Trauma kit.
12    (a) In this Section, "trauma kit" means a first aid
13response kit that contains, at a minimum, all of the
14following:
15        (1) One tourniquet endorsed by the Committee on
16    Tactical Combat Casualty Care.
17        (2) One compression bandage.
18        (3) One hemostatic bleeding control dressing endorsed
19    by the Committee on Tactical Combat Casualty Care.
20        (4) Protective gloves and a marker.
21        (5) Scissors.
22        (6) Instructional documents developed by the Stop the
23    Bleed national awareness campaign of the United States
24    Department of Homeland Security or the American College of
25    Surgeons' Committee on Trauma, or both.

 

 

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1        (7) Any other medical materials or equipment similar
2    to those described in paragraphs (1) through (3) or any
3    other items that (i) are approved by a local law
4    enforcement agency or first responders, (ii) can
5    adequately treat a traumatic injury, and (iii) can be
6    stored in a readily available kit.
7    (b) Each school district may maintain an on-site trauma
8kit at each school of the district for bleeding emergencies.
9    (c) Products purchased for the trauma kit, including those
10products endorsed by the Committee on Tactical Combat Casualty
11Care, shall, whenever possible, be manufactured in the United
12States.
13(Source: P.A. 103-128, eff. 6-30-23.)
 
14    (105 ILCS 5/10-20.86)
15    (This Section may contain text from a Public Act with a
16delayed effective date)
17    Sec. 10-20.86 10-20.85. Community input on local
18assessments.
19    (a) As used in this Section, "district-administered
20assessment" means an assessment that requires all student test
21takers at any grade level to answer the same questions, or a
22selection of questions from a common bank of questions, in the
23same manner or substantially the same questions in the same
24manner. The term does not include an observational assessment
25tool used to satisfy the requirements of Section 2-3.64a-10 of

 

 

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1this Code or an assessment developed by district teachers or
2administrators that will be used to measure student progress
3at an attendance center within the school district.
4    (b) Prior to approving a new contract for any
5district-administered assessment, a school board must hold a
6public vote at a regular meeting of the school board, at which
7the terms of the proposal must be substantially presented and
8an opportunity for allowing public comments must be provided,
9subject to applicable notice requirements. However, if the
10assessment being made available to review is subject to
11copyright, trademark, or other intellectual property
12protection, the review process shall include technical and
13procedural safeguards to ensure that the materials are not
14able to be widely disseminated to the general public in
15violation of the intellectual property rights of the publisher
16and to ensure content validity is not undermined.
17(Source: P.A. 103-393, eff. 7-1-24; revised 8-30-23.)
 
18    (105 ILCS 5/10-22.3f)
19    Sec. 10-22.3f. Required health benefits. Insurance
20protection and benefits for employees shall provide the
21post-mastectomy care benefits required to be covered by a
22policy of accident and health insurance under Section 356t and
23the coverage required under Sections 356g, 356g.5, 356g.5-1,
24356q, 356u, 356w, 356x, 356z.4, 356z.4a, 356z.6, 356z.8,
25356z.9, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.22,

 

 

HB4844 Engrossed- 808 -LRB103 39009 AMC 69146 b

1356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33,
2356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.51,
3356z.53, 356z.54, 356z.56, 356z.57, 356z.59, 356z.60, and
4356z.61, and 356z.62, 356z.64, 356z.67, 356z.68, and 356z.70
5of the Illinois Insurance Code. Insurance policies shall
6comply with Section 356z.19 of the Illinois Insurance Code.
7The coverage shall comply with Sections 155.22a, 355b, and
8370c of the Illinois Insurance Code. The Department of
9Insurance shall enforce the requirements of this Section.
10    Rulemaking authority to implement Public Act 95-1045, if
11any, is conditioned on the rules being adopted in accordance
12with all provisions of the Illinois Administrative Procedure
13Act and all rules and procedures of the Joint Committee on
14Administrative Rules; any purported rule not so adopted, for
15whatever reason, is unauthorized.
16(Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22;
17102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-642, eff.
181-1-22; 102-665, eff. 10-8-21; 102-731, eff. 1-1-23; 102-804,
19eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23;
20102-860, eff. 1-1-23; 102-1093, eff. 1-1-23; 102-1117, eff.
211-13-23; 103-84, eff. 1-1-24; 103-91, eff. 1-1-24; 103-420,
22eff. 1-1-24; 103-445, eff. 1-1-24; 103-535, eff. 8-11-23;
23103-551, eff. 8-11-23; revised 8-29-23.)
 
24    (105 ILCS 5/10-22.36)  (from Ch. 122, par. 10-22.36)
25    Sec. 10-22.36. Buildings for school purposes.

 

 

HB4844 Engrossed- 809 -LRB103 39009 AMC 69146 b

1    (a) To build or purchase a building for school classroom
2or instructional purposes upon the approval of a majority of
3the voters upon the proposition at a referendum held for such
4purpose or in accordance with Section 17-2.11, 19-3.5, or
519-3.10. The board may initiate such referendum by resolution.
6The board shall certify the resolution and proposition to the
7proper election authority for submission in accordance with
8the general election law.
9    The questions of building one or more new buildings for
10school purposes or office facilities, and issuing bonds for
11the purpose of borrowing money to purchase one or more
12buildings or sites for such buildings or office sites, to
13build one or more new buildings for school purposes or office
14facilities or to make additions and improvements to existing
15school buildings, may be combined into one or more
16propositions on the ballot.
17    Before erecting, or purchasing or remodeling such a
18building the board shall submit the plans and specifications
19respecting heating, ventilating, lighting, seating, water
20supply, toilets and safety against fire to the regional
21superintendent of schools having supervision and control over
22the district, for approval in accordance with Section 2-3.12.
23    Notwithstanding any of the foregoing, no referendum shall
24be required if the purchase, construction, or building of any
25such building (1) occurs while the building is being leased by
26the school district or (2) is paid with (A) funds derived from

 

 

HB4844 Engrossed- 810 -LRB103 39009 AMC 69146 b

1the sale or disposition of other buildings, land, or
2structures of the school district or (B) funds received (i) as
3a grant under the School Construction Law or (ii) as gifts or
4donations, provided that no funds to purchase, construct, or
5build such building, other than lease payments, are derived
6from the district's bonded indebtedness or the tax levy of the
7district.
8    Notwithstanding any of the foregoing, no referendum shall
9be required if the purchase, construction, or building of any
10such building is paid with funds received from the County
11School Facility and Resources Occupation Tax Law under Section
125-1006.7 of the Counties Code or from the proceeds of bonds or
13other debt obligations secured by revenues obtained from that
14Law.
15    Notwithstanding any of the foregoing, for Decatur School
16District Number 61, no referendum shall be required if at
17least 50% of the cost of the purchase, construction, or
18building of any such building is paid, or will be paid, with
19funds received or expected to be received as part of, or
20otherwise derived from, any COVID-19 pandemic relief program
21or funding source, including, but not limited to, Elementary
22and Secondary School Emergency Relief Fund grant proceeds.
23    (b) Notwithstanding the provisions of subsection (a), for
24any school district: (i) that is a tier 1 school, (ii) that has
25a population of less than 50,000 inhabitants, (iii) whose
26student population is between 5,800 and 6,300, (iv) in which

 

 

HB4844 Engrossed- 811 -LRB103 39009 AMC 69146 b

157% to 62% of students are low-income, and (v) whose average
2district spending is between $10,000 to $12,000 per pupil,
3until July 1, 2025, no referendum shall be required if at least
450% of the cost of the purchase, construction, or building of
5any such building is paid, or will be paid, with funds received
6or expected to be received as part of, or otherwise derived
7from, the federal Consolidated Appropriations Act and the
8federal American Rescue Plan Act of 2021.
9    For this subsection (b), the school board must hold at
10least 2 public hearings, the sole purpose of which shall be to
11discuss the decision to construct a school building and to
12receive input from the community. The notice of each public
13hearing that sets forth the time, date, place, and name or
14description of the school building that the school board is
15considering constructing must be provided at least 10 days
16prior to the hearing by publication on the school board's
17Internet website.
18    (c) Notwithstanding the provisions of subsections
19subsection (a) and (b), for Cahokia Community Unit School
20District 187, no referendum shall be required for the lease of
21any building for school or educational purposes if the cost is
22paid or will be paid with funds available at the time of the
23lease in the district's existing fund balances to fund the
24lease of a building during the 2023-2024 or 2024-2025 school
25year.
26    For the purposes of this subsection (c), the school board

 

 

HB4844 Engrossed- 812 -LRB103 39009 AMC 69146 b

1must hold at least 2 public hearings, the sole purpose of which
2shall be to discuss the decision to lease a school building and
3to receive input from the community. The notice of each public
4hearing that sets forth the time, date, place, and name or
5description of the school building that the school board is
6considering leasing must be provided at least 10 days prior to
7the hearing by publication on the school district's website.
8    (d) (c) Notwithstanding the provisions of subsections
9subsection (a) and (b), for Bloomington School District 87, no
10referendum shall be required for the purchase, construction,
11or building of any building for school or education purposes
12if such cost is paid, or will be paid with funds available at
13the time of contract, purchase, construction, or building in
14Bloomington School District Number 87's existing fund balances
15to fund the procurement or requisition of a building or site
16during the 2022-2023, 2023-2024, or 2024-2025 school year
17years.
18    For this subsection (d) (c), the school board must hold at
19least 2 public hearings, the sole purpose of which shall be to
20discuss the decision to construct a school building and to
21receive input from the community. The notice of each public
22hearing that sets forth the time, date, place, and name or
23description of the school building that the school board is
24considering constructing must be provided at least 10 days
25prior to the hearing by publication on the school board's
26website.

 

 

HB4844 Engrossed- 813 -LRB103 39009 AMC 69146 b

1(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 7-1-22;
2103-8, eff. 6-7-23; 103-509, eff. 8-4-23; revised 8-31-23.)
 
3    (105 ILCS 5/10-22.39)
4    (Text of Section before amendment by P.A. 103-41 and P.A.
5103-542)
6    Sec. 10-22.39. In-service training programs.
7    (a) To conduct in-service training programs for teachers.
8    (b) In addition to other topics at in-service training
9programs, at least once every 2 years, licensed school
10personnel and administrators who work with pupils in
11kindergarten through grade 12 shall be trained to identify the
12warning signs of mental illness, trauma, and suicidal behavior
13in youth and shall be taught appropriate intervention and
14referral techniques. A school district may utilize the
15Illinois Mental Health First Aid training program, established
16under the Illinois Mental Health First Aid Training Act and
17administered by certified instructors trained by a national
18association recognized as an authority in behavioral health,
19to provide the training and meet the requirements under this
20subsection. If licensed school personnel or an administrator
21obtains mental health first aid training outside of an
22in-service training program, he or she may present a
23certificate of successful completion of the training to the
24school district to satisfy the requirements of this
25subsection.

 

 

HB4844 Engrossed- 814 -LRB103 39009 AMC 69146 b

1    Training regarding the implementation of trauma-informed
2practices satisfies the requirements of this subsection (b).
3    A course of instruction as described in this subsection
4(b) must include the definitions of trauma, trauma-responsive
5learning environments, and whole child set forth in subsection
6(b) of Section 3-11 of this Code and may provide information
7that is relevant to and within the scope of the duties of
8licensed school personnel or school administrators. Such
9information may include, but is not limited to:
10        (1) the recognition of and care for trauma in students
11    and staff;
12        (2) the relationship between educator wellness and
13    student learning;
14        (3) the effect of trauma on student behavior and
15    learning;
16        (4) the prevalence of trauma among students, including
17    the prevalence of trauma among student populations at
18    higher risk of experiencing trauma;
19        (5) the effects of implicit or explicit bias on
20    recognizing trauma among various student groups in
21    connection with race, ethnicity, gender identity, sexual
22    orientation, socio-economic status, and other relevant
23    factors; and
24        (6) effective district practices that are shown to:
25            (A) prevent and mitigate the negative effect of
26        trauma on student behavior and learning; and

 

 

HB4844 Engrossed- 815 -LRB103 39009 AMC 69146 b

1            (B) support the emotional wellness of staff.
2    (c) School counselors, nurses, teachers and other school
3personnel who work with pupils may be trained to have a basic
4knowledge of matters relating to acquired immunodeficiency
5syndrome (AIDS), including the nature of the disease, its
6causes and effects, the means of detecting it and preventing
7its transmission, and the availability of appropriate sources
8of counseling and referral, and any other information that may
9be appropriate considering the age and grade level of such
10pupils. The School Board shall supervise such training. The
11State Board of Education and the Department of Public Health
12shall jointly develop standards for such training.
13    (d) In this subsection (d):
14    "Domestic violence" means abuse by a family or household
15member, as "abuse" and "family or household members" are
16defined in Section 103 of the Illinois Domestic Violence Act
17of 1986.
18    "Sexual violence" means sexual assault, abuse, or stalking
19of an adult or minor child proscribed in the Criminal Code of
201961 or the Criminal Code of 2012 in Sections 11-1.20,
2111-1.30, 11-1.40, 11-1.50, 11-1.60, 12-7.3, 12-7.4, 12-7.5,
2212-12, 12-13, 12-14, 12-14.1, 12-15, and 12-16, including
23sexual violence committed by perpetrators who are strangers to
24the victim and sexual violence committed by perpetrators who
25are known or related by blood or marriage to the victim.
26    At least once every 2 years, an in-service training

 

 

HB4844 Engrossed- 816 -LRB103 39009 AMC 69146 b

1program for school personnel who work with pupils, including,
2but not limited to, school and school district administrators,
3teachers, school social workers, school counselors, school
4psychologists, and school nurses, must be conducted by persons
5with expertise in domestic and sexual violence and the needs
6of expectant and parenting youth and shall include training
7concerning (i) communicating with and listening to youth
8victims of domestic or sexual violence and expectant and
9parenting youth, (ii) connecting youth victims of domestic or
10sexual violence and expectant and parenting youth to
11appropriate in-school services and other agencies, programs,
12and services as needed, and (iii) implementing the school
13district's policies, procedures, and protocols with regard to
14such youth, including confidentiality. At a minimum, school
15personnel must be trained to understand, provide information
16and referrals, and address issues pertaining to youth who are
17parents, expectant parents, or victims of domestic or sexual
18violence.
19    (e) At least every 2 years, an in-service training program
20for school personnel who work with pupils must be conducted by
21persons with expertise in anaphylactic reactions and
22management.
23    (f) At least once every 2 years, a school board shall
24conduct in-service training on educator ethics,
25teacher-student conduct, and school employee-student conduct
26for all personnel.

 

 

HB4844 Engrossed- 817 -LRB103 39009 AMC 69146 b

1    (g) At least once every 2 years, a school board shall
2conduct in-service training for all school district employees
3on the methods to respond to trauma. The training must include
4instruction on how to respond to an incident involving
5life-threatening bleeding and, if applicable, how to use a
6school's trauma kit. A school board may satisfy the training
7requirements under this subsection by using the training,
8including online training, available from the American College
9of Surgeons or any other similar organization.
10    School district employees who are trained to respond to
11trauma pursuant to this subsection (g) shall be immune from
12civil liability in the use of a trauma kit unless the action
13constitutes willful or wanton misconduct.
14(Source: P.A. 102-197, eff. 7-30-21; 102-638, eff. 1-1-23;
15102-813, eff. 5-13-22; 103-128, eff. 6-30-23; 103-413, eff.
161-1-24; revised 11-27-23.)
 
17    (Text of Section after amendment by P.A. 103-542 but
18before amendment by P.A. 103-41)
19    Sec. 10-22.39. In-service training programs.
20    (a) To conduct in-service training programs for teachers,
21administrators, and school support personnel.
22    (b) In addition to other topics at in-service training
23programs listed in this Section, teachers, administrators, and
24school support personnel who work with pupils must be trained
25in the following topics: health conditions of students;

 

 

HB4844 Engrossed- 818 -LRB103 39009 AMC 69146 b

1social-emotional learning; developing cultural competency;
2identifying warning signs of mental illness and suicidal
3behavior in youth; domestic and sexual violence and the needs
4of expectant and parenting youth; protections and
5accommodations for students; educator ethics; responding to
6child sexual abuse and grooming behavior; and effective
7instruction in violence prevention and conflict resolution.
8In-service training programs in these topics shall be credited
9toward hours of professional development required for license
10renewal as outlined in subsection (e) of Section 21B-45.
11    School support personnel may be exempt from in-service
12training if the training is not relevant to the work they do.
13    Nurses and school nurses, as defined by Section 10-22.23,
14are exempt from training required in subsection (b-5).
15    Beginning July 1, 2024, all teachers, administrators, and
16school support personnel shall complete training as outlined
17in Section 10-22.39 during an in-service training program
18conducted by their school board or through other training
19opportunities, including, but not limited to, institutes under
20Section 3-11. Such training must be completed within 6 months
21of employment by a school board and renewed at least once every
225 years, unless required more frequently by other State or
23federal law or in accordance with this Section. If teachers,
24administrators, or school support personnel obtain training
25outside of an in-service training program or from a previous
26public school district or nonpublic school employer, they may

 

 

HB4844 Engrossed- 819 -LRB103 39009 AMC 69146 b

1present documentation showing current compliance with this
2subsection to satisfy the requirement of receiving training
3within 6 months of first being employed. Training may be
4delivered through online, asynchronous means.
5    (b-5) Training regarding health conditions of students for
6staff required by this Section shall include, but is not
7limited to:
8        (1) Chronic health conditions of students.
9        (2) Anaphylactic reactions and management. Such
10    training shall be conducted by persons with expertise in
11    anaphylactic reactions and management.
12        (3) The management of asthma, the prevention of asthma
13    symptoms, and emergency response in the school setting.
14        (4) The basics of seizure recognition and first aid
15    and appropriate emergency protocols. Such training must be
16    fully consistent with the best practice guidelines issued
17    by the Centers for Disease Control and Prevention.
18        (5) The basics of diabetes care, how to identify when
19    a student with diabetes needs immediate or emergency
20    medical attention, and whom to contact in the case of an
21    emergency.
22        (6) Current best practices regarding the
23    identification and treatment of attention deficit
24    hyperactivity disorder.
25        (7) Instruction on how to respond to an incident
26    involving life-threatening bleeding and, if applicable,

 

 

HB4844 Engrossed- 820 -LRB103 39009 AMC 69146 b

1    how to use a school's trauma kit. Beginning with the
2    2024-2025 school year, training on life-threatening
3    bleeding must be completed within 6 months of the employee
4    first being employed by a school board and renewed within
5    2 years. Beginning with the 2027-2028 school year, the
6    training must be completed within 6 months of the employee
7    first being employed by a school board and renewed at
8    least once every 5 years thereafter.
9    In consultation with professional organizations with
10expertise in student health issues, including, but not limited
11to, asthma management, anaphylactic reactions, seizure
12recognition, and diabetes care, the State Board of Education
13shall make available resource materials for educating school
14personnel about student health conditions and emergency
15response in the school setting.
16    A school board may satisfy the life-threatening bleeding
17training under this subsection by using the training,
18including online training, available from the American College
19of Surgeons or any other similar organization.
20    (b-10) The training regarding social-emotional learning,
21for staff required by this Section may include, at a minimum,
22providing education to all school personnel about the content
23of the Illinois Social and Emotional Learning Standards, how
24those standards apply to everyday school interactions, and
25examples of how social emotional learning can be integrated
26into instructional practices across all grades and subjects.

 

 

HB4844 Engrossed- 821 -LRB103 39009 AMC 69146 b

1    (b-15) The training regarding developing cultural
2competency for staff required by this Section shall include,
3but is not limited to, understanding and reducing implicit
4bias, including implicit racial bias. As used in this
5subsection, "implicit racial bias" has the meaning set forth
6in Section 10-20.61.
7    (b-20) The training regarding identifying warning signs of
8mental illness, trauma, and suicidal behavior in youth for
9staff required by this Section shall include, but is not
10limited to, appropriate intervention and referral techniques,
11including resources and guidelines as outlined in Section
122-3.166, and must include the definitions of trauma,
13trauma-responsive learning environments, and whole child set
14forth in subsection (b) of Section 3-11 of this Code.
15    Illinois Mental Health First Aid training, established
16under the Illinois Mental Health First Aid Training Act, may
17satisfy the requirements of this subsection.
18    If teachers, administrators, or school support personnel
19obtain mental health first aid training outside of an
20in-service training program, they may present a certificate of
21successful completion of the training to the school district
22to satisfy the requirements of this subsection. Training
23regarding the implementation of trauma-informed practices
24satisfies the requirements of this subsection.
25    (b-25) As used in this subsection:
26    "Domestic violence" means abuse by a family or household

 

 

HB4844 Engrossed- 822 -LRB103 39009 AMC 69146 b

1member, as "abuse" and "family or household members" are
2defined in Section 103 of the Illinois Domestic Violence Act
3of 1986.
4    "Sexual violence" means sexual assault, abuse, or stalking
5of an adult or minor child proscribed in the Criminal Code of
61961 or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50,
711-1.60, 12-7.3, 12-7.4, 12-7.5, 12-12, 12-13, 12-14, 12-14.1,
812-15, and 12-16 of the Criminal Code of 2012, including
9sexual violence committed by perpetrators who are strangers to
10the victim and sexual violence committed by perpetrators who
11are known or related by blood or marriage to the victim.
12    The training regarding domestic and sexual violence and
13the needs of expectant and parenting youth for staff required
14by this Section must be conducted by persons with expertise in
15domestic and sexual violence and the needs of expectant and
16parenting youth, and shall include, but is not limited to:
17        (1) communicating with and listening to youth victims
18    of domestic or sexual violence and expectant and parenting
19    youth;
20        (2) connecting youth victims of domestic or sexual
21    violence and expectant and parenting youth to appropriate
22    in-school services and other agencies, programs, and
23    services as needed;
24        (3) implementing the school district's policies,
25    procedures, and protocols with regard to such youth,
26    including confidentiality; at . At a minimum, school

 

 

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1    personnel must be trained to understand, provide
2    information and referrals, and address issues pertaining
3    to youth who are parents, expectant parents, or victims of
4    domestic or sexual violence; and
5        (4) procedures for responding to incidents of teen
6    dating violence that take place at the school, on school
7    grounds, at school-sponsored activities, or in vehicles
8    used for school-provided transportation as outlined in
9    Section 3.10 of the Critical Health Problems and
10    Comprehensive Health Education Act.
11    (b-30) The training regarding protections and
12accommodations for students shall include, but is not limited
13to, instruction on the federal Americans with Disabilities
14Act, as it pertains to the school environment, and
15homelessness. Beginning with the 2024-2025 school year,
16training on homelessness must be completed within 6 months of
17an employee first being employed by a school board and renewed
18within 2 years. Beginning with the 2027-2028 school year, the
19training must be completed within 6 months of the employee
20first being employed by a school board and renewed at least
21once every 5 years thereafter. Training on homelessness shall
22include the following:
23        (1) the definition of homeless children and youths
24    under 42 U.S.C. 11434a;
25        (2) the signs of homelessness and housing insecurity;
26        (3) the rights of students experiencing homelessness

 

 

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1    under State and federal law;
2        (4) the steps to take when a homeless or
3    housing-insecure student is identified; and
4        (5) the appropriate referral techniques, including the
5    name and contact number of the school or school district
6    homeless liaison.
7    School boards may work with a community-based organization
8that specializes in working with homeless children and youth
9to develop and provide the training.
10    (b-35) The training regarding educator ethics and
11responding to child sexual abuse and grooming behavior shall
12include, but is not limited to, teacher-student conduct,
13school employee-student conduct, and evidence-informed
14training on preventing, recognizing, reporting, and responding
15to child sexual abuse and grooming as outlined in Section
1610-23.13.
17    (b-40) The training regarding effective instruction in
18violence prevention and conflict resolution required by this
19Section shall be conducted in accordance with the requirements
20of Section 27-23.4.
21    (b-45) (c) Beginning July 1, 2024, all nonpublic
22elementary and secondary school teachers, administrators, and
23school support personnel shall complete the training set forth
24in subsection (b-5). Training must be completed within 6
25months of first being employed by a nonpublic school and
26renewed at least once every 5 years, unless required more

 

 

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1frequently by other State or federal law. If nonpublic
2teachers, administrators, or school support personnel obtain
3training from a public school district or nonpublic school
4employer, the teacher, administrator, or school support
5personnel may present documentation to the nonpublic school
6showing current compliance with this subsection to satisfy the
7requirement of receiving training within 6 months of first
8being employed. must include the definitions of trauma,
9trauma-responsive learning environments, and whole child set
10forth in subsection (b) of Section 3-11 of this Code and
11    (c) (Blank).
12    (d) (Blank).
13    (e) (Blank).
14    (f) (Blank).
15    (g) At least once every 2 years, a school board shall
16conduct in-service training for all school district employees
17on the methods to respond to trauma. The training must include
18instruction on how to respond to an incident involving
19life-threatening bleeding and, if applicable, how to use a
20school's trauma kit. A school board may satisfy the training
21requirements under this subsection by using the training,
22including online training, available from the American College
23of Surgeons or any other similar organization.
24    School district employees who are trained to respond to
25trauma pursuant to this subsection (g) shall be immune from
26civil liability in the use of a trauma kit unless the action

 

 

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1constitutes willful or wanton misconduct.
2(Source: P.A. 102-197, eff. 7-30-21; 102-638, eff. 1-1-23;
3102-813, eff. 5-13-22; 103-128, eff. 6-30-23; 103-413, eff.
41-1-24; 103-542, eff. 7-1-24 (see Section 905 of P.A. 103-563
5for effective date of P.A. 103-542); revised 11-27-23.)
 
6    (Text of Section after amendment by P.A. 103-41)
7    Sec. 10-22.39. In-service training programs.
8    (a) To conduct in-service training programs for teachers,
9administrators, and school support personnel.
10    (b) In addition to other topics at in-service training
11programs listed in this Section, teachers, administrators, and
12school support personnel who work with pupils must be trained
13in the following topics: health conditions of students;
14social-emotional learning; developing cultural competency;
15identifying warning signs of mental illness and suicidal
16behavior in youth; domestic and sexual violence and the needs
17of expectant and parenting youth; protections and
18accommodations for students; educator ethics; responding to
19child sexual abuse and grooming behavior; and effective
20instruction in violence prevention and conflict resolution.
21In-service training programs in these topics shall be credited
22toward hours of professional development required for license
23renewal as outlined in subsection (e) of Section 21B-45.
24    School support personnel may be exempt from in-service
25training if the training is not relevant to the work they do.

 

 

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1    Nurses and school nurses, as defined by Section 10-22.23,
2are exempt from training required in subsection (b-5).
3    Beginning July 1, 2024, all teachers, administrators, and
4school support personnel shall complete training as outlined
5in Section 10-22.39 during an in-service training program
6conducted by their school board or through other training
7opportunities, including, but not limited to, institutes under
8Section 3-11. Such training must be completed within 6 months
9of employment by a school board and renewed at least once every
105 years, unless required more frequently by other State or
11federal law or in accordance with this Section. If teachers,
12administrators, or school support personnel obtain training
13outside of an in-service training program or from a previous
14public school district or nonpublic school employer, they may
15present documentation showing current compliance with this
16subsection to satisfy the requirement of receiving training
17within 6 months of first being employed. Training may be
18delivered through online, asynchronous means.
19    (b-5) Training regarding health conditions of students for
20staff required by this Section shall include, but is not
21limited to:
22        (1) Chronic health conditions of students.
23        (2) Anaphylactic reactions and management. Such
24    training shall be conducted by persons with expertise in
25    anaphylactic reactions and management.
26        (3) The management of asthma, the prevention of asthma

 

 

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1    symptoms, and emergency response in the school setting.
2        (4) The basics of seizure recognition and first aid
3    and appropriate emergency protocols. Such training must be
4    fully consistent with the best practice guidelines issued
5    by the Centers for Disease Control and Prevention.
6        (5) The basics of diabetes care, how to identify when
7    a student with diabetes needs immediate or emergency
8    medical attention, and whom to contact in the case of an
9    emergency.
10        (6) Current best practices regarding the
11    identification and treatment of attention deficit
12    hyperactivity disorder.
13        (7) Instruction on how to respond to an incident
14    involving life-threatening bleeding and, if applicable,
15    how to use a school's trauma kit. Beginning with the
16    2024-2025 school year, training on life-threatening
17    bleeding must be completed within 6 months of the employee
18    first being employed by a school board and renewed within
19    2 years. Beginning with the 2027-2028 school year, the
20    training must be completed within 6 months of the employee
21    first being employed by a school board and renewed at
22    least once every 5 years thereafter.
23    In consultation with professional organizations with
24expertise in student health issues, including, but not limited
25to, asthma management, anaphylactic reactions, seizure
26recognition, and diabetes care, the State Board of Education

 

 

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1shall make available resource materials for educating school
2personnel about student health conditions and emergency
3response in the school setting.
4    A school board may satisfy the life-threatening bleeding
5training under this subsection by using the training,
6including online training, available from the American College
7of Surgeons or any other similar organization.
8    (b-10) The training regarding social-emotional learning,
9for staff required by this Section may include, at a minimum,
10providing education to all school personnel about the content
11of the Illinois Social and Emotional Learning Standards, how
12those standards apply to everyday school interactions, and
13examples of how social emotional learning can be integrated
14into instructional practices across all grades and subjects.
15    (b-15) The training regarding developing cultural
16competency for staff required by this Section shall include,
17but is not limited to, understanding and reducing implicit
18bias, including implicit racial bias. As used in this
19subsection, "implicit racial bias" has the meaning set forth
20in Section 10-20.61.
21    (b-20) The training regarding identifying warning signs of
22mental illness, trauma, and suicidal behavior in youth for
23staff required by this Section shall include, but is not
24limited to, appropriate intervention and referral techniques,
25including resources and guidelines as outlined in Section
262-3.166, and must include the definitions of trauma,

 

 

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1trauma-responsive learning environments, and whole child set
2forth in subsection (b) of Section 3-11 of this Code.
3    Illinois Mental Health First Aid training, established
4under the Illinois Mental Health First Aid Training Act, may
5satisfy the requirements of this subsection.
6    If teachers, administrators, or school support personnel
7obtain mental health first aid training outside of an
8in-service training program, they may present a certificate of
9successful completion of the training to the school district
10to satisfy the requirements of this subsection. Training
11regarding the implementation of trauma-informed practices
12satisfies the requirements of this subsection.
13    (b-25) As used in this subsection:
14    "Domestic violence" means abuse by a family or household
15member, as "abuse" and "family or household members" are
16defined in Section 103 of the Illinois Domestic Violence Act
17of 1986.
18    "Sexual violence" means sexual assault, abuse, or stalking
19of an adult or minor child proscribed in the Criminal Code of
201961 or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50,
2111-1.60, 12-7.3, 12-7.4, 12-7.5, 12-12, 12-13, 12-14, 12-14.1,
2212-15, and 12-16 of the Criminal Code of 2012, including
23sexual violence committed by perpetrators who are strangers to
24the victim and sexual violence committed by perpetrators who
25are known or related by blood or marriage to the victim.
26    The training regarding domestic and sexual violence and

 

 

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1the needs of expectant and parenting youth for staff required
2by this Section must be conducted by persons with expertise in
3domestic and sexual violence and the needs of expectant and
4parenting youth, and shall include, but is not limited to:
5        (1) communicating with and listening to youth victims
6    of domestic or sexual violence and expectant and parenting
7    youth;
8        (2) connecting youth victims of domestic or sexual
9    violence and expectant and parenting youth to appropriate
10    in-school services and other agencies, programs, and
11    services as needed;
12        (3) implementing the school district's policies,
13    procedures, and protocols with regard to such youth,
14    including confidentiality; at . At a minimum, school
15    personnel must be trained to understand, provide
16    information and referrals, and address issues pertaining
17    to youth who are parents, expectant parents, or victims of
18    domestic or sexual violence; and
19        (4) procedures for responding to incidents of teen
20    dating violence that take place at the school, on school
21    grounds, at school-sponsored activities, or in vehicles
22    used for school-provided transportation as outlined in
23    Section 3.10 of the Critical Health Problems and
24    Comprehensive Health Education Act.
25    (b-30) The training regarding protections and
26accommodations for students shall include, but is not limited

 

 

HB4844 Engrossed- 832 -LRB103 39009 AMC 69146 b

1to, instruction on the federal Americans with Disabilities
2Act, as it pertains to the school environment, and
3homelessness. Beginning with the 2024-2025 school year,
4training on homelessness must be completed within 6 months of
5an employee first being employed by a school board and renewed
6within 2 years. Beginning with the 2027-2028 school year, the
7training must be completed within 6 months of the employee
8first being employed by a school board and renewed at least
9once every 5 years thereafter. Training on homelessness shall
10include the following:
11        (1) the definition of homeless children and youths
12    under 42 U.S.C. 11434a;
13        (2) the signs of homelessness and housing insecurity;
14        (3) the rights of students experiencing homelessness
15    under State and federal law;
16        (4) the steps to take when a homeless or
17    housing-insecure student is identified; and
18        (5) the appropriate referral techniques, including the
19    name and contact number of the school or school district
20    homeless liaison.
21    School boards may work with a community-based organization
22that specializes in working with homeless children and youth
23to develop and provide the training.
24    (b-35) The training regarding educator ethics and
25responding to child sexual abuse and grooming behavior shall
26include, but is not limited to, teacher-student conduct,

 

 

HB4844 Engrossed- 833 -LRB103 39009 AMC 69146 b

1school employee-student conduct, and evidence-informed
2training on preventing, recognizing, reporting, and responding
3to child sexual abuse and grooming as outlined in Section
410-23.13.
5    (b-40) The training regarding effective instruction in
6violence prevention and conflict resolution required by this
7Section shall be conducted in accordance with the requirements
8of Section 27-23.4.
9    (b-45) (c) Beginning July 1, 2024, all nonpublic
10elementary and secondary school teachers, administrators, and
11school support personnel shall complete the training set forth
12in subsection (b-5). Training must be completed within 6
13months of first being employed by a nonpublic school and
14renewed at least once every 5 years, unless required more
15frequently by other State or federal law. If nonpublic
16teachers, administrators, or school support personnel obtain
17training from a public school district or nonpublic school
18employer, the teacher, administrator, or school support
19personnel may present documentation to the nonpublic school
20showing current compliance with this subsection to satisfy the
21requirement of receiving training within 6 months of first
22being employed. must include the definitions of trauma,
23trauma-responsive learning environments, and whole child set
24forth in subsection (b) of Section 3-11 of this Code and
25    (c) (Blank).
26    (d) (Blank).

 

 

HB4844 Engrossed- 834 -LRB103 39009 AMC 69146 b

1    (e) (Blank).
2    (f) (Blank).
3    (g) At least once every 2 years, a school board shall
4conduct in-service training for all school district employees
5on the methods to respond to trauma. The training must include
6instruction on how to respond to an incident involving
7life-threatening bleeding and, if applicable, how to use a
8school's trauma kit. A school board may satisfy the training
9requirements under this subsection by using the training,
10including online training, available from the American College
11of Surgeons or any other similar organization.
12    School district employees who are trained to respond to
13trauma pursuant to this subsection (g) shall be immune from
14civil liability in the use of a trauma kit unless the action
15constitutes willful or wanton misconduct.
16    (h) (g) At least once every 2 years, a school board shall
17conduct in-service training on homelessness for all school
18personnel. The training shall include:
19        (1) the definition of homeless children and youth
20    under Section 11434a of Title 42 of the United States
21    Code;
22        (2) the signs of homelessness and housing insecurity;
23        (3) the rights of students experiencing homelessness
24    under State and federal law;
25        (4) the steps to take when a homeless or
26    housing-insecure student is identified; and

 

 

HB4844 Engrossed- 835 -LRB103 39009 AMC 69146 b

1        (5) the appropriate referral techniques, including the
2    name and contact number of the school or school district
3    homeless liaison.
4    A school board may work with a community-based
5organization that specializes in working with homeless
6children and youth to develop and provide the training.
7(Source: P.A. 102-197, eff. 7-30-21; 102-638, eff. 1-1-23;
8102-813, eff. 5-13-22; 103-41, eff. 8-20-24; 103-128, eff.
96-30-23; 103-413, eff. 1-1-24; 103-542, eff. 7-1-24 (see
10Section 905 of P.A. 103-563 for effective date of P.A.
11103-542); revised 11-27-23.)
 
12    (105 ILCS 5/14-7.02)  (from Ch. 122, par. 14-7.02)
13    Sec. 14-7.02. Children attending private schools, public
14out-of-state schools, public school residential facilities or
15private special education facilities.
16    (a) The General Assembly recognizes that non-public
17schools or special education facilities provide an important
18service in the educational system in Illinois.
19    (b) If a student's individualized education program (IEP)
20team determines that because of his or her disability the
21special education program of a district is unable to meet the
22needs of the child and the child attends a non-public school or
23special education facility, a public out-of-state school or a
24special education facility owned and operated by a county
25government unit that provides special educational services

 

 

HB4844 Engrossed- 836 -LRB103 39009 AMC 69146 b

1required by the child and is in compliance with the
2appropriate rules and regulations of the State Superintendent
3of Education, the school district in which the child is a
4resident shall pay the actual cost of tuition for special
5education and related services provided during the regular
6school term and during the summer school term if the child's
7educational needs so require, excluding room, board and
8transportation costs charged the child by that non-public
9school or special education facility, public out-of-state
10school or county special education facility, or $4,500 per
11year, whichever is less, and shall provide him any necessary
12transportation. "Nonpublic special education facility" shall
13include a residential facility, within or without the State of
14Illinois, which provides special education and related
15services to meet the needs of the child by utilizing private
16schools or public schools, whether located on the site or off
17the site of the residential facility. Resident district
18financial responsibility and reimbursement applies for both
19nonpublic special education facilities that are approved by
20the State Board of Education pursuant to 23 Ill. Adm. Code 401
21or other applicable laws or rules and for emergency
22residential placements in nonpublic special education
23facilities that are not approved by the State Board of
24Education pursuant to 23 Ill. Adm. Code 401 or other
25applicable laws or rules, subject to the requirements of this
26Section.

 

 

HB4844 Engrossed- 837 -LRB103 39009 AMC 69146 b

1    (c) Prior to the placement of a child in an out-of-state
2special education residential facility, the school district
3must refer to the child or the child's parent or guardian the
4option to place the child in a special education residential
5facility located within this State, if any, that provides
6treatment and services comparable to those provided by the
7out-of-state special education residential facility. The
8school district must review annually the placement of a child
9in an out-of-state special education residential facility. As
10a part of the review, the school district must refer to the
11child or the child's parent or guardian the option to place the
12child in a comparable special education residential facility
13located within this State, if any.
14    (c-5) Before a provider that operates a nonpublic special
15education facility terminates a student's placement in that
16facility, the provider must request an IEP meeting from the
17contracting school district. If the provider elects to
18terminate the student's placement following the IEP meeting,
19the provider must give written notice to this effect to the
20parent or guardian, the contracting public school district,
21and the State Board of Education no later than 20 business days
22before the date of termination, unless the health and safety
23of any student are endangered. The notice must include the
24detailed reasons for the termination and any actions taken to
25address the reason for the termination.
26    (d) Payments shall be made by the resident school district

 

 

HB4844 Engrossed- 838 -LRB103 39009 AMC 69146 b

1to the entity providing the educational services, whether the
2entity is the nonpublic special education facility or the
3school district wherein the facility is located, no less than
4once per quarter, unless otherwise agreed to in writing by the
5parties.
6    (e) A school district may residentially place a student in
7a nonpublic special education facility providing educational
8services, but not approved by the State Board of Education
9pursuant to 23 Ill. Adm. Code 401 or other applicable laws or
10rules, provided that the State Board of Education provides an
11emergency and student-specific approval for residential
12placement. The State Board of Education shall promptly, within
1310 days after the request, approve a request for emergency and
14student-specific approval for residential placement if the
15following have been demonstrated to the State Board of
16Education:
17        (1) the facility demonstrates appropriate licensure of
18    teachers for the student population;
19        (2) the facility demonstrates age-appropriate
20    curriculum;
21        (3) the facility provides enrollment and attendance
22    data;
23        (4) the facility demonstrates the ability to implement
24    the child's IEP; and
25        (5) the school district demonstrates that it made good
26    faith efforts to residentially place the student in an

 

 

HB4844 Engrossed- 839 -LRB103 39009 AMC 69146 b

1    approved facility, but no approved facility has accepted
2    the student or has availability for immediate residential
3    placement of the student.
4A resident school district may also submit such proof to the
5State Board of Education as may be required for its student.
6The State Board of Education may not unreasonably withhold
7approval once satisfactory proof is provided to the State
8Board.
9    (f) If an impartial due process hearing officer who is
10contracted by the State Board of Education pursuant to this
11Article orders placement of a student with a disability in a
12residential facility that is not approved by the State Board
13of Education, then, for purposes of this Section, the facility
14shall be deemed approved for placement and school district
15payments and State reimbursements shall be made accordingly.
16    (g) Emergency residential placement in a facility approved
17pursuant to subsection (e) or (f) may continue to be utilized
18so long as (i) the student's IEP team determines annually that
19such placement continues to be appropriate to meet the
20student's needs and (ii) at least every 3 years following the
21student's residential placement, the IEP team reviews
22appropriate placements approved by the State Board of
23Education pursuant to 23 Ill. Adm. Code 401 or other
24applicable laws or rules to determine whether there are any
25approved placements that can meet the student's needs, have
26accepted the student, and have availability for placement of

 

 

HB4844 Engrossed- 840 -LRB103 39009 AMC 69146 b

1the student.
2    (h) The State Board of Education shall promulgate rules
3and regulations for determining when placement in a private
4special education facility is appropriate. Such rules and
5regulations shall take into account the various types of
6services needed by a child and the availability of such
7services to the particular child in the public school. In
8developing these rules and regulations the State Board of
9Education shall consult with the Advisory Council on Education
10of Children with Disabilities and hold public hearings to
11secure recommendations from parents, school personnel, and
12others concerned about this matter.
13    The State Board of Education shall also promulgate rules
14and regulations for transportation to and from a residential
15school. Transportation to and from home to a residential
16school more than once each school term shall be subject to
17prior approval by the State Superintendent in accordance with
18the rules and regulations of the State Board.
19    (i) A school district making tuition payments pursuant to
20this Section is eligible for reimbursement from the State for
21the amount of such payments actually made in excess of the
22district per capita tuition charge for students not receiving
23special education services. Such reimbursement shall be
24approved in accordance with Section 14-12.01 and each district
25shall file its claims, computed in accordance with rules
26prescribed by the State Board of Education, on forms

 

 

HB4844 Engrossed- 841 -LRB103 39009 AMC 69146 b

1prescribed by the State Superintendent of Education. Data used
2as a basis of reimbursement claims shall be for the preceding
3regular school term and summer school term. Each school
4district shall transmit its claims to the State Board of
5Education on or before August 15. The State Board of
6Education, before approving any such claims, shall determine
7their accuracy and whether they are based upon services and
8facilities provided under approved programs. Upon approval the
9State Board shall cause vouchers to be prepared showing the
10amount due for payment of reimbursement claims to school
11districts, for transmittal to the State Comptroller on the
1230th day of September, December, and March, respectively, and
13the final voucher, no later than June 20. If the money
14appropriated by the General Assembly for such purpose for any
15year is insufficient, it shall be apportioned on the basis of
16the claims approved.
17    (j) No child shall be placed in a special education
18program pursuant to this Section if the tuition cost for
19special education and related services increases more than 10
20percent over the tuition cost for the previous school year or
21exceeds $4,500 per year unless such costs have been approved
22by the Illinois Purchased Care Review Board. The Illinois
23Purchased Care Review Board shall consist of the following
24persons, or their designees: the Directors of Children and
25Family Services, Public Health, Public Aid, and the Governor's
26Office of Management and Budget; the Secretary of Human

 

 

HB4844 Engrossed- 842 -LRB103 39009 AMC 69146 b

1Services; the State Superintendent of Education; and such
2other persons as the Governor may designate. The Review Board
3shall also consist of one non-voting member who is an
4administrator of a private, nonpublic, special education
5school. The Review Board shall establish rules and regulations
6for its determination of allowable costs and payments made by
7local school districts for special education, room and board,
8and other related services provided by non-public schools or
9special education facilities and shall establish uniform
10standards and criteria which it shall follow. The Review Board
11shall approve the usual and customary rate or rates of a
12special education program that (i) is offered by an
13out-of-state, non-public provider of integrated autism
14specific educational and autism specific residential services,
15(ii) offers 2 or more levels of residential care, including at
16least one locked facility, and (iii) serves 12 or fewer
17Illinois students.
18    (k) In determining rates based on allowable costs, the
19Review Board shall consider any wage increases awarded by the
20General Assembly to front line personnel defined as direct
21support persons, aides, front-line supervisors, qualified
22intellectual disabilities professionals, nurses, and
23non-administrative support staff working in service settings
24in community-based settings within the State and adjust
25customary rates or rates of a special education program to be
26equitable to the wage increase awarded to similar staff

 

 

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1positions in a community residential setting. Any wage
2increase awarded by the General Assembly to front line
3personnel defined as direct support persons, aides, front-line
4supervisors, qualified intellectual disabilities
5professionals, nurses, and non-administrative support staff
6working in community-based settings within the State,
7including the $0.75 per hour increase contained in Public Act
8100-23 and the $0.50 per hour increase included in Public Act
9100-23, shall also be a basis for any facility covered by this
10Section to appeal its rate before the Review Board under the
11process defined in Title 89, Part 900, Section 340 of the
12Illinois Administrative Code. Illinois Administrative Code
13Title 89, Part 900, Section 342 shall be updated to recognize
14wage increases awarded to community-based settings to be a
15basis for appeal. However, any wage increase that is captured
16upon appeal from a previous year shall not be counted by the
17Review Board as revenue for the purpose of calculating a
18facility's future rate.
19    (l) Any definition used by the Review Board in
20administrative rule or policy to define "related
21organizations" shall include any and all exceptions contained
22in federal law or regulation as it pertains to the federal
23definition of "related organizations".
24    (m) The Review Board shall establish uniform definitions
25and criteria for accounting separately by special education,
26room and board and other related services costs. The Board

 

 

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1shall also establish guidelines for the coordination of
2services and financial assistance provided by all State
3agencies to assure that no otherwise qualified child with a
4disability receiving services under Article 14 shall be
5excluded from participation in, be denied the benefits of or
6be subjected to discrimination under any program or activity
7provided by any State agency.
8    (n) The Review Board shall review the costs for special
9education and related services provided by non-public schools
10or special education facilities and shall approve or
11disapprove such facilities in accordance with the rules and
12regulations established by it with respect to allowable costs.
13    (o) The State Board of Education shall provide
14administrative and staff support for the Review Board as
15deemed reasonable by the State Superintendent of Education.
16This support shall not include travel expenses or other
17compensation for any Review Board member other than the State
18Superintendent of Education.
19    (p) The Review Board shall seek the advice of the Advisory
20Council on Education of Children with Disabilities on the
21rules and regulations to be promulgated by it relative to
22providing special education services.
23    (q) If a child has been placed in a program in which the
24actual per pupil costs of tuition for special education and
25related services based on program enrollment, excluding room,
26board and transportation costs, exceed $4,500 and such costs

 

 

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1have been approved by the Review Board, the district shall pay
2such total costs which exceed $4,500. A district making such
3tuition payments in excess of $4,500 pursuant to this Section
4shall be responsible for an amount in excess of $4,500 equal to
5the district per capita tuition charge and shall be eligible
6for reimbursement from the State for the amount of such
7payments actually made in excess of the districts per capita
8tuition charge for students not receiving special education
9services.
10    (r) If a child has been placed in an approved individual
11program and the tuition costs including room and board costs
12have been approved by the Review Board, then such room and
13board costs shall be paid by the appropriate State agency
14subject to the provisions of Section 14-8.01 of this Act. Room
15and board costs not provided by a State agency other than the
16State Board of Education shall be provided by the State Board
17of Education on a current basis. In no event, however, shall
18the State's liability for funding of these tuition costs begin
19until after the legal obligations of third party payors have
20been subtracted from such costs. If the money appropriated by
21the General Assembly for such purpose for any year is
22insufficient, it shall be apportioned on the basis of the
23claims approved. Each district shall submit estimated claims
24to the State Superintendent of Education. Upon approval of
25such claims, the State Superintendent of Education shall
26direct the State Comptroller to make payments on a monthly

 

 

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1basis. The frequency for submitting estimated claims and the
2method of determining payment shall be prescribed in rules and
3regulations adopted by the State Board of Education. Such
4current state reimbursement shall be reduced by an amount
5equal to the proceeds which the child or child's parents are
6eligible to receive under any public or private insurance or
7assistance program. Nothing in this Section shall be construed
8as relieving an insurer or similar third party from an
9otherwise valid obligation to provide or to pay for services
10provided to a child with a disability.
11    (s) If it otherwise qualifies, a school district is
12eligible for the transportation reimbursement under Section
1314-13.01 and for the reimbursement of tuition payments under
14this Section whether the non-public school or special
15education facility, public out-of-state school or county
16special education facility, attended by a child who resides in
17that district and requires special educational services, is
18within or outside of the State of Illinois. However, a
19district is not eligible to claim transportation reimbursement
20under this Section unless the district certifies to the State
21Superintendent of Education that the district is unable to
22provide special educational services required by the child for
23the current school year.
24    (t) Nothing in this Section authorizes the reimbursement
25of a school district for the amount paid for tuition of a child
26attending a non-public school or special education facility,

 

 

HB4844 Engrossed- 847 -LRB103 39009 AMC 69146 b

1public out-of-state school or county special education
2facility unless the school district certifies to the State
3Superintendent of Education that the special education program
4of that district is unable to meet the needs of that child
5because of his disability and the State Superintendent of
6Education finds that the school district is in substantial
7compliance with Section 14-4.01. However, if a child is
8unilaterally placed by a State agency or any court in a
9non-public school or special education facility, public
10out-of-state school, or county special education facility, a
11school district shall not be required to certify to the State
12Superintendent of Education, for the purpose of tuition
13reimbursement, that the special education program of that
14district is unable to meet the needs of a child because of his
15or her disability.
16    (u) Any educational or related services provided, pursuant
17to this Section in a non-public school or special education
18facility or a special education facility owned and operated by
19a county government unit shall be at no cost to the parent or
20guardian of the child. However, current law and practices
21relative to contributions by parents or guardians for costs
22other than educational or related services are not affected by
23this amendatory Act of 1978.
24    (v) Reimbursement for children attending public school
25residential facilities shall be made in accordance with the
26provisions of this Section.

 

 

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1    (w) Notwithstanding any other provision of law, any school
2district receiving a payment under this Section or under
3Section 14-7.02b, 14-13.01, or 29-5 of this Code may classify
4all or a portion of the funds that it receives in a particular
5fiscal year or from general State aid pursuant to Section
618-8.05 of this Code as funds received in connection with any
7funding program for which it is entitled to receive funds from
8the State in that fiscal year (including, without limitation,
9any funding program referenced in this Section), regardless of
10the source or timing of the receipt. The district may not
11classify more funds as funds received in connection with the
12funding program than the district is entitled to receive in
13that fiscal year for that program. Any classification by a
14district must be made by a resolution of its board of
15education. The resolution must identify the amount of any
16payments or general State aid to be classified under this
17paragraph and must specify the funding program to which the
18funds are to be treated as received in connection therewith.
19This resolution is controlling as to the classification of
20funds referenced therein. A certified copy of the resolution
21must be sent to the State Superintendent of Education. The
22resolution shall still take effect even though a copy of the
23resolution has not been sent to the State Superintendent of
24Education in a timely manner. No classification under this
25paragraph by a district shall affect the total amount or
26timing of money the district is entitled to receive under this

 

 

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1Code. No classification under this paragraph by a district
2shall in any way relieve the district from or affect any
3requirements that otherwise would apply with respect to that
4funding program, including any accounting of funds by source,
5reporting expenditures by original source and purpose,
6reporting requirements, or requirements of providing services.
7(Source: P.A. 102-254, eff. 8-6-21; 102-703, eff. 4-22-22;
8103-175, eff. 6-30-23; 103-546, eff. 8-11-23; revised
98-30-23.)
 
10    (105 ILCS 5/14-8.02)  (from Ch. 122, par. 14-8.02)
11    Sec. 14-8.02. Identification, evaluation, and placement of
12children.
13    (a) The State Board of Education shall make rules under
14which local school boards shall determine the eligibility of
15children to receive special education. Such rules shall ensure
16that a free appropriate public education be available to all
17children with disabilities as defined in Section 14-1.02. The
18State Board of Education shall require local school districts
19to administer non-discriminatory procedures or tests to
20English learners coming from homes in which a language other
21than English is used to determine their eligibility to receive
22special education. The placement of low English proficiency
23students in special education programs and facilities shall be
24made in accordance with the test results reflecting the
25student's linguistic, cultural and special education needs.

 

 

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1For purposes of determining the eligibility of children the
2State Board of Education shall include in the rules
3definitions of "case study", "staff conference",
4"individualized educational program", and "qualified
5specialist" appropriate to each category of children with
6disabilities as defined in this Article. For purposes of
7determining the eligibility of children from homes in which a
8language other than English is used, the State Board of
9Education shall include in the rules definitions for
10"qualified bilingual specialists" and "linguistically and
11culturally appropriate individualized educational programs".
12For purposes of this Section, as well as Sections 14-8.02a,
1314-8.02b, and 14-8.02c of this Code, "parent" means a parent
14as defined in the federal Individuals with Disabilities
15Education Act (20 U.S.C. 1401(23)).
16    (b) No child shall be eligible for special education
17facilities except with a carefully completed case study fully
18reviewed by professional personnel in a multidisciplinary
19staff conference and only upon the recommendation of qualified
20specialists or a qualified bilingual specialist, if available.
21At the conclusion of the multidisciplinary staff conference,
22the parent of the child and, if the child is in the legal
23custody of the Department of Children and Family Services, the
24Department's Office of Education and Transition Services shall
25be given a copy of the multidisciplinary conference summary
26report and recommendations, which includes options considered,

 

 

HB4844 Engrossed- 851 -LRB103 39009 AMC 69146 b

1and, in the case of the parent, be informed of his or her right
2to obtain an independent educational evaluation if he or she
3disagrees with the evaluation findings conducted or obtained
4by the school district. If the school district's evaluation is
5shown to be inappropriate, the school district shall reimburse
6the parent for the cost of the independent evaluation. The
7State Board of Education shall, with advice from the State
8Advisory Council on Education of Children with Disabilities on
9the inclusion of specific independent educational evaluators,
10prepare a list of suggested independent educational
11evaluators. The State Board of Education shall include on the
12list clinical psychologists licensed pursuant to the Clinical
13Psychologist Licensing Act. Such psychologists shall not be
14paid fees in excess of the amount that would be received by a
15school psychologist for performing the same services. The
16State Board of Education shall supply school districts with
17such list and make the list available to parents at their
18request. School districts shall make the list available to
19parents at the time they are informed of their right to obtain
20an independent educational evaluation. However, the school
21district may initiate an impartial due process hearing under
22this Section within 5 days of any written parent request for an
23independent educational evaluation to show that its evaluation
24is appropriate. If the final decision is that the evaluation
25is appropriate, the parent still has a right to an independent
26educational evaluation, but not at public expense. An

 

 

HB4844 Engrossed- 852 -LRB103 39009 AMC 69146 b

1independent educational evaluation at public expense must be
2completed within 30 days of a parent's parent written request
3unless the school district initiates an impartial due process
4hearing or the parent or school district offers reasonable
5grounds to show that such 30-day time period should be
6extended. If the due process hearing decision indicates that
7the parent is entitled to an independent educational
8evaluation, it must be completed within 30 days of the
9decision unless the parent or the school district offers
10reasonable grounds to show that such 30-day period should be
11extended. If a parent disagrees with the summary report or
12recommendations of the multidisciplinary conference or the
13findings of any educational evaluation which results
14therefrom, the school district shall not proceed with a
15placement based upon such evaluation and the child shall
16remain in his or her regular classroom setting. No child shall
17be eligible for admission to a special class for children with
18a mental disability who are educable or for children with a
19mental disability who are trainable except with a
20psychological evaluation and recommendation by a school
21psychologist. Consent shall be obtained from the parent of a
22child before any evaluation is conducted. If consent is not
23given by the parent or if the parent disagrees with the
24findings of the evaluation, then the school district may
25initiate an impartial due process hearing under this Section.
26The school district may evaluate the child if that is the

 

 

HB4844 Engrossed- 853 -LRB103 39009 AMC 69146 b

1decision resulting from the impartial due process hearing and
2the decision is not appealed or if the decision is affirmed on
3appeal. The determination of eligibility shall be made and the
4IEP meeting shall be completed within 60 school days from the
5date of written parental consent. In those instances when
6written parental consent is obtained with fewer than 60 pupil
7attendance days left in the school year, the eligibility
8determination shall be made and the IEP meeting shall be
9completed prior to the first day of the following school year.
10Special education and related services must be provided in
11accordance with the student's IEP no later than 10 school
12attendance days after notice is provided to the parents
13pursuant to Section 300.503 of Title 34 of the Code of Federal
14Regulations and implementing rules adopted by the State Board
15of Education. The appropriate program pursuant to the
16individualized educational program of students whose native
17tongue is a language other than English shall reflect the
18special education, cultural and linguistic needs. No later
19than September 1, 1993, the State Board of Education shall
20establish standards for the development, implementation and
21monitoring of appropriate bilingual special individualized
22educational programs. The State Board of Education shall
23further incorporate appropriate monitoring procedures to
24verify implementation of these standards. The district shall
25indicate to the parent, the State Board of Education, and, if
26applicable, the Department's Office of Education and

 

 

HB4844 Engrossed- 854 -LRB103 39009 AMC 69146 b

1Transition Services the nature of the services the child will
2receive for the regular school term while awaiting placement
3in the appropriate special education class. At the child's
4initial IEP meeting and at each annual review meeting, the
5child's IEP team shall provide the child's parent or guardian
6and, if applicable, the Department's Office of Education and
7Transition Services with a written notification that informs
8the parent or guardian or the Department's Office of Education
9and Transition Services that the IEP team is required to
10consider whether the child requires assistive technology in
11order to receive free, appropriate public education. The
12notification must also include a toll-free telephone number
13and internet address for the State's assistive technology
14program.
15    If the child is deaf, hard of hearing, blind, or visually
16impaired or has an orthopedic impairment or physical
17disability and he or she might be eligible to receive services
18from the Illinois School for the Deaf, the Illinois School for
19the Visually Impaired, or the Illinois Center for
20Rehabilitation and Education-Roosevelt, the school district
21shall notify the parents, in writing, of the existence of
22these schools and the services they provide and shall make a
23reasonable effort to inform the parents of the existence of
24other, local schools that provide similar services and the
25services that these other schools provide. This notification
26shall include, without limitation, information on school

 

 

HB4844 Engrossed- 855 -LRB103 39009 AMC 69146 b

1services, school admissions criteria, and school contact
2information.
3    In the development of the individualized education program
4for a student who has a disability on the autism spectrum
5(which includes autistic disorder, Asperger's disorder,
6pervasive developmental disorder not otherwise specified,
7childhood disintegrative disorder, and Rett Syndrome, as
8defined in the Diagnostic and Statistical Manual of Mental
9Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall
10consider all of the following factors:
11        (1) The verbal and nonverbal communication needs of
12    the child.
13        (2) The need to develop social interaction skills and
14    proficiencies.
15        (3) The needs resulting from the child's unusual
16    responses to sensory experiences.
17        (4) The needs resulting from resistance to
18    environmental change or change in daily routines.
19        (5) The needs resulting from engagement in repetitive
20    activities and stereotyped movements.
21        (6) The need for any positive behavioral
22    interventions, strategies, and supports to address any
23    behavioral difficulties resulting from autism spectrum
24    disorder.
25        (7) Other needs resulting from the child's disability
26    that impact progress in the general curriculum, including

 

 

HB4844 Engrossed- 856 -LRB103 39009 AMC 69146 b

1    social and emotional development.
2Public Act 95-257 does not create any new entitlement to a
3service, program, or benefit, but must not affect any
4entitlement to a service, program, or benefit created by any
5other law.
6    If the student may be eligible to participate in the
7Home-Based Support Services Program for Adults with Mental
8Disabilities authorized under the Developmental Disability and
9Mental Disability Services Act upon becoming an adult, the
10student's individualized education program shall include plans
11for (i) determining the student's eligibility for those
12home-based services, (ii) enrolling the student in the program
13of home-based services, and (iii) developing a plan for the
14student's most effective use of the home-based services after
15the student becomes an adult and no longer receives special
16educational services under this Article. The plans developed
17under this paragraph shall include specific actions to be
18taken by specified individuals, agencies, or officials.
19    (c) In the development of the individualized education
20program for a student who is functionally blind, it shall be
21presumed that proficiency in Braille reading and writing is
22essential for the student's satisfactory educational progress.
23For purposes of this subsection, the State Board of Education
24shall determine the criteria for a student to be classified as
25functionally blind. Students who are not currently identified
26as functionally blind who are also entitled to Braille

 

 

HB4844 Engrossed- 857 -LRB103 39009 AMC 69146 b

1instruction include: (i) those whose vision loss is so severe
2that they are unable to read and write at a level comparable to
3their peers solely through the use of vision, and (ii) those
4who show evidence of progressive vision loss that may result
5in functional blindness. Each student who is functionally
6blind shall be entitled to Braille reading and writing
7instruction that is sufficient to enable the student to
8communicate with the same level of proficiency as other
9students of comparable ability. Instruction should be provided
10to the extent that the student is physically and cognitively
11able to use Braille. Braille instruction may be used in
12combination with other special education services appropriate
13to the student's educational needs. The assessment of each
14student who is functionally blind for the purpose of
15developing the student's individualized education program
16shall include documentation of the student's strengths and
17weaknesses in Braille skills. Each person assisting in the
18development of the individualized education program for a
19student who is functionally blind shall receive information
20describing the benefits of Braille instruction. The
21individualized education program for each student who is
22functionally blind shall specify the appropriate learning
23medium or media based on the assessment report.
24    (d) To the maximum extent appropriate, the placement shall
25provide the child with the opportunity to be educated with
26children who do not have a disability; provided that children

 

 

HB4844 Engrossed- 858 -LRB103 39009 AMC 69146 b

1with disabilities who are recommended to be placed into
2regular education classrooms are provided with supplementary
3services to assist the children with disabilities to benefit
4from the regular classroom instruction and are included on the
5teacher's regular education class register. Subject to the
6limitation of the preceding sentence, placement in special
7classes, separate schools or other removal of the child with a
8disability from the regular educational environment shall
9occur only when the nature of the severity of the disability is
10such that education in the regular classes with the use of
11supplementary aids and services cannot be achieved
12satisfactorily. The placement of English learners with
13disabilities shall be in non-restrictive environments which
14provide for integration with peers who do not have
15disabilities in bilingual classrooms. Annually, each January,
16school districts shall report data on students from
17non-English speaking backgrounds receiving special education
18and related services in public and private facilities as
19prescribed in Section 2-3.30. If there is a disagreement
20between parties involved regarding the special education
21placement of any child, either in-state or out-of-state, the
22placement is subject to impartial due process procedures
23described in Article 10 of the Rules and Regulations to Govern
24the Administration and Operation of Special Education.
25    (e) No child who comes from a home in which a language
26other than English is the principal language used may be

 

 

HB4844 Engrossed- 859 -LRB103 39009 AMC 69146 b

1assigned to any class or program under this Article until he
2has been given, in the principal language used by the child and
3used in his home, tests reasonably related to his cultural
4environment. All testing and evaluation materials and
5procedures utilized for evaluation and placement shall not be
6linguistically, racially or culturally discriminatory.
7    (f) Nothing in this Article shall be construed to require
8any child to undergo any physical examination or medical
9treatment whose parents object thereto on the grounds that
10such examination or treatment conflicts with his religious
11beliefs.
12    (g) School boards or their designee shall provide to the
13parents of a child or, if applicable, the Department of
14Children and Family Services' Office of Education and
15Transition Services prior written notice of any decision (a)
16proposing to initiate or change, or (b) refusing to initiate
17or change, the identification, evaluation, or educational
18placement of the child or the provision of a free appropriate
19public education to their child, and the reasons therefor. For
20a parent, such written notification shall also inform the
21parent of the opportunity to present complaints with respect
22to any matter relating to the educational placement of the
23student, or the provision of a free appropriate public
24education and to have an impartial due process hearing on the
25complaint. The notice shall inform the parents in the parents'
26native language, unless it is clearly not feasible to do so, of

 

 

HB4844 Engrossed- 860 -LRB103 39009 AMC 69146 b

1their rights and all procedures available pursuant to this Act
2and the federal Individuals with Disabilities Education
3Improvement Act of 2004 (Public Law 108-446); it shall be the
4responsibility of the State Superintendent to develop uniform
5notices setting forth the procedures available under this Act
6and the federal Individuals with Disabilities Education
7Improvement Act of 2004 (Public Law 108-446) to be used by all
8school boards. The notice shall also inform the parents of the
9availability upon request of a list of free or low-cost legal
10and other relevant services available locally to assist
11parents in initiating an impartial due process hearing. The
12State Superintendent shall revise the uniform notices required
13by this subsection (g) to reflect current law and procedures
14at least once every 2 years. Any parent who is deaf or does not
15normally communicate using spoken English and who participates
16in a meeting with a representative of a local educational
17agency for the purposes of developing an individualized
18educational program or attends a multidisciplinary conference
19shall be entitled to the services of an interpreter. The State
20Board of Education must adopt rules to establish the criteria,
21standards, and competencies for a bilingual language
22interpreter who attends an individualized education program
23meeting under this subsection to assist a parent who has
24limited English proficiency.
25    (g-5) For purposes of this subsection (g-5), "qualified
26professional" means an individual who holds credentials to

 

 

HB4844 Engrossed- 861 -LRB103 39009 AMC 69146 b

1evaluate the child in the domain or domains for which an
2evaluation is sought or an intern working under the direct
3supervision of a qualified professional, including a master's
4or doctoral degree candidate.
5    To ensure that a parent can participate fully and
6effectively with school personnel in the development of
7appropriate educational and related services for his or her
8child, the parent, an independent educational evaluator, or a
9qualified professional retained by or on behalf of a parent or
10child must be afforded reasonable access to educational
11facilities, personnel, classrooms, and buildings and to the
12child as provided in this subsection (g-5). The requirements
13of this subsection (g-5) apply to any public school facility,
14building, or program and to any facility, building, or program
15supported in whole or in part by public funds. Prior to
16visiting a school, school building, or school facility, the
17parent, independent educational evaluator, or qualified
18professional may be required by the school district to inform
19the building principal or supervisor in writing of the
20proposed visit, the purpose of the visit, and the approximate
21duration of the visit. The visitor and the school district
22shall arrange the visit or visits at times that are mutually
23agreeable. Visitors shall comply with school safety, security,
24and visitation policies at all times. School district
25visitation policies must not conflict with this subsection
26(g-5). Visitors shall be required to comply with the

 

 

HB4844 Engrossed- 862 -LRB103 39009 AMC 69146 b

1requirements of applicable privacy laws, including those laws
2protecting the confidentiality of education records such as
3the federal Family Educational Rights and Privacy Act and the
4Illinois School Student Records Act. The visitor shall not
5disrupt the educational process.
6        (1) A parent must be afforded reasonable access of
7    sufficient duration and scope for the purpose of observing
8    his or her child in the child's current educational
9    placement, services, or program or for the purpose of
10    visiting an educational placement or program proposed for
11    the child.
12        (2) An independent educational evaluator or a
13    qualified professional retained by or on behalf of a
14    parent or child must be afforded reasonable access of
15    sufficient duration and scope for the purpose of
16    conducting an evaluation of the child, the child's
17    performance, the child's current educational program,
18    placement, services, or environment, or any educational
19    program, placement, services, or environment proposed for
20    the child, including interviews of educational personnel,
21    child observations, assessments, tests or assessments of
22    the child's educational program, services, or placement or
23    of any proposed educational program, services, or
24    placement. If one or more interviews of school personnel
25    are part of the evaluation, the interviews must be
26    conducted at a mutually agreed-upon agreed upon time,

 

 

HB4844 Engrossed- 863 -LRB103 39009 AMC 69146 b

1    date, and place that do not interfere with the school
2    employee's school duties. The school district may limit
3    interviews to personnel having information relevant to the
4    child's current educational services, program, or
5    placement or to a proposed educational service, program,
6    or placement.
7    (h) In the development of the individualized education
8program or federal Section 504 plan for a student, if the
9student needs extra accommodation during emergencies,
10including natural disasters or an active shooter situation,
11then that accommodation shall be taken into account when
12developing the student's individualized education program or
13federal Section 504 plan.
14(Source: P.A. 102-199, eff. 7-1-22; 102-264, eff. 8-6-21;
15102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1072, eff.
166-10-22; 103-197, eff. 1-1-24; revised 1-30-24.)
 
17    (105 ILCS 5/18-8.15)
18    Sec. 18-8.15. Evidence-Based Funding for student success
19for the 2017-2018 and subsequent school years.
20    (a) General provisions.
21        (1) The purpose of this Section is to ensure that, by
22    June 30, 2027 and beyond, this State has a kindergarten
23    through grade 12 public education system with the capacity
24    to ensure the educational development of all persons to
25    the limits of their capacities in accordance with Section

 

 

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1    1 of Article X of the Constitution of the State of
2    Illinois. To accomplish that objective, this Section
3    creates a method of funding public education that is
4    evidence-based; is sufficient to ensure every student
5    receives a meaningful opportunity to learn irrespective of
6    race, ethnicity, sexual orientation, gender, or
7    community-income level; and is sustainable and
8    predictable. When fully funded under this Section, every
9    school shall have the resources, based on what the
10    evidence indicates is needed, to:
11            (A) provide all students with a high quality
12        education that offers the academic, enrichment, social
13        and emotional support, technical, and career-focused
14        programs that will allow them to become competitive
15        workers, responsible parents, productive citizens of
16        this State, and active members of our national
17        democracy;
18            (B) ensure all students receive the education they
19        need to graduate from high school with the skills
20        required to pursue post-secondary education and
21        training for a rewarding career;
22            (C) reduce, with a goal of eliminating, the
23        achievement gap between at-risk and non-at-risk
24        students by raising the performance of at-risk
25        students and not by reducing standards; and
26            (D) ensure this State satisfies its obligation to

 

 

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1        assume the primary responsibility to fund public
2        education and simultaneously relieve the
3        disproportionate burden placed on local property taxes
4        to fund schools.
5        (2) The Evidence-Based Funding formula under this
6    Section shall be applied to all Organizational Units in
7    this State. The Evidence-Based Funding formula outlined in
8    this Act is based on the formula outlined in Senate Bill 1
9    of the 100th General Assembly, as passed by both
10    legislative chambers. As further defined and described in
11    this Section, there are 4 major components of the
12    Evidence-Based Funding model:
13            (A) First, the model calculates a unique Adequacy
14        Target for each Organizational Unit in this State that
15        considers the costs to implement research-based
16        activities, the unit's student demographics, and
17        regional wage differences.
18            (B) Second, the model calculates each
19        Organizational Unit's Local Capacity, or the amount
20        each Organizational Unit is assumed to contribute
21        toward its Adequacy Target from local resources.
22            (C) Third, the model calculates how much funding
23        the State currently contributes to the Organizational
24        Unit and adds that to the unit's Local Capacity to
25        determine the unit's overall current adequacy of
26        funding.

 

 

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1            (D) Finally, the model's distribution method
2        allocates new State funding to those Organizational
3        Units that are least well-funded, considering both
4        Local Capacity and State funding, in relation to their
5        Adequacy Target.
6        (3) An Organizational Unit receiving any funding under
7    this Section may apply those funds to any fund so received
8    for which that Organizational Unit is authorized to make
9    expenditures by law.
10        (4) As used in this Section, the following terms shall
11    have the meanings ascribed in this paragraph (4):
12        "Adequacy Target" is defined in paragraph (1) of
13    subsection (b) of this Section.
14        "Adjusted EAV" is defined in paragraph (4) of
15    subsection (d) of this Section.
16        "Adjusted Local Capacity Target" is defined in
17    paragraph (3) of subsection (c) of this Section.
18        "Adjusted Operating Tax Rate" means a tax rate for all
19    Organizational Units, for which the State Superintendent
20    shall calculate and subtract for the Operating Tax Rate a
21    transportation rate based on total expenses for
22    transportation services under this Code, as reported on
23    the most recent Annual Financial Report in Pupil
24    Transportation Services, function 2550 in both the
25    Education and Transportation funds and functions 4110 and
26    4120 in the Transportation fund, less any corresponding

 

 

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1    fiscal year State of Illinois scheduled payments excluding
2    net adjustments for prior years for regular, vocational,
3    or special education transportation reimbursement pursuant
4    to Section 29-5 or subsection (b) of Section 14-13.01 of
5    this Code divided by the Adjusted EAV. If an
6    Organizational Unit's corresponding fiscal year State of
7    Illinois scheduled payments excluding net adjustments for
8    prior years for regular, vocational, or special education
9    transportation reimbursement pursuant to Section 29-5 or
10    subsection (b) of Section 14-13.01 of this Code exceed the
11    total transportation expenses, as defined in this
12    paragraph, no transportation rate shall be subtracted from
13    the Operating Tax Rate.
14        "Allocation Rate" is defined in paragraph (3) of
15    subsection (g) of this Section.
16        "Alternative School" means a public school that is
17    created and operated by a regional superintendent of
18    schools and approved by the State Board.
19        "Applicable Tax Rate" is defined in paragraph (1) of
20    subsection (d) of this Section.
21        "Assessment" means any of those benchmark, progress
22    monitoring, formative, diagnostic, and other assessments,
23    in addition to the State accountability assessment, that
24    assist teachers' needs in understanding the skills and
25    meeting the needs of the students they serve.
26        "Assistant principal" means a school administrator

 

 

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1    duly endorsed to be employed as an assistant principal in
2    this State.
3        "At-risk student" means a student who is at risk of
4    not meeting the Illinois Learning Standards or not
5    graduating from elementary or high school and who
6    demonstrates a need for vocational support or social
7    services beyond that provided by the regular school
8    program. All students included in an Organizational Unit's
9    Low-Income Count, as well as all English learner and
10    disabled students attending the Organizational Unit, shall
11    be considered at-risk students under this Section.
12        "Average Student Enrollment" or "ASE" for fiscal year
13    2018 means, for an Organizational Unit, the greater of the
14    average number of students (grades K through 12) reported
15    to the State Board as enrolled in the Organizational Unit
16    on October 1 in the immediately preceding school year,
17    plus the pre-kindergarten students who receive special
18    education services of 2 or more hours a day as reported to
19    the State Board on December 1 in the immediately preceding
20    school year, or the average number of students (grades K
21    through 12) reported to the State Board as enrolled in the
22    Organizational Unit on October 1, plus the
23    pre-kindergarten students who receive special education
24    services of 2 or more hours a day as reported to the State
25    Board on December 1, for each of the immediately preceding
26    3 school years. For fiscal year 2019 and each subsequent

 

 

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1    fiscal year, "Average Student Enrollment" or "ASE" means,
2    for an Organizational Unit, the greater of the average
3    number of students (grades K through 12) reported to the
4    State Board as enrolled in the Organizational Unit on
5    October 1 and March 1 in the immediately preceding school
6    year, plus the pre-kindergarten students who receive
7    special education services as reported to the State Board
8    on October 1 and March 1 in the immediately preceding
9    school year, or the average number of students (grades K
10    through 12) reported to the State Board as enrolled in the
11    Organizational Unit on October 1 and March 1, plus the
12    pre-kindergarten students who receive special education
13    services as reported to the State Board on October 1 and
14    March 1, for each of the immediately preceding 3 school
15    years. For the purposes of this definition, "enrolled in
16    the Organizational Unit" means the number of students
17    reported to the State Board who are enrolled in schools
18    within the Organizational Unit that the student attends or
19    would attend if not placed or transferred to another
20    school or program to receive needed services. For the
21    purposes of calculating "ASE", all students, grades K
22    through 12, excluding those attending kindergarten for a
23    half day and students attending an alternative education
24    program operated by a regional office of education or
25    intermediate service center, shall be counted as 1.0. All
26    students attending kindergarten for a half day shall be

 

 

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1    counted as 0.5, unless in 2017 by June 15 or by March 1 in
2    subsequent years, the school district reports to the State
3    Board of Education the intent to implement full-day
4    kindergarten district-wide for all students, then all
5    students attending kindergarten shall be counted as 1.0.
6    Special education pre-kindergarten students shall be
7    counted as 0.5 each. If the State Board does not collect or
8    has not collected both an October 1 and March 1 enrollment
9    count by grade or a December 1 collection of special
10    education pre-kindergarten students as of August 31, 2017
11    (the effective date of Public Act 100-465), it shall
12    establish such collection for all future years. For any
13    year in which a count by grade level was collected only
14    once, that count shall be used as the single count
15    available for computing a 3-year average ASE. Funding for
16    programs operated by a regional office of education or an
17    intermediate service center must be calculated using the
18    Evidence-Based Funding formula under this Section for the
19    2019-2020 school year and each subsequent school year
20    until separate adequacy formulas are developed and adopted
21    for each type of program. ASE for a program operated by a
22    regional office of education or an intermediate service
23    center must be determined by the March 1 enrollment for
24    the program. For the 2019-2020 school year, the ASE used
25    in the calculation must be the first-year ASE and, in that
26    year only, the assignment of students served by a regional

 

 

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1    office of education or intermediate service center shall
2    not result in a reduction of the March enrollment for any
3    school district. For the 2020-2021 school year, the ASE
4    must be the greater of the current-year ASE or the 2-year
5    average ASE. Beginning with the 2021-2022 school year, the
6    ASE must be the greater of the current-year ASE or the
7    3-year average ASE. School districts shall submit the data
8    for the ASE calculation to the State Board within 45 days
9    of the dates required in this Section for submission of
10    enrollment data in order for it to be included in the ASE
11    calculation. For fiscal year 2018 only, the ASE
12    calculation shall include only enrollment taken on October
13    1. In recognition of the impact of COVID-19, the
14    definition of "Average Student Enrollment" or "ASE" shall
15    be adjusted for calculations under this Section for fiscal
16    years 2022 through 2024. For fiscal years 2022 through
17    2024, the enrollment used in the calculation of ASE
18    representing the 2020-2021 school year shall be the
19    greater of the enrollment for the 2020-2021 school year or
20    the 2019-2020 school year.
21        "Base Funding Guarantee" is defined in paragraph (10)
22    of subsection (g) of this Section.
23        "Base Funding Minimum" is defined in subsection (e) of
24    this Section.
25        "Base Tax Year" means the property tax levy year used
26    to calculate the Budget Year allocation of primary State

 

 

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1    aid.
2        "Base Tax Year's Extension" means the product of the
3    equalized assessed valuation utilized by the county clerk
4    in the Base Tax Year multiplied by the limiting rate as
5    calculated by the county clerk and defined in PTELL.
6        "Bilingual Education Allocation" means the amount of
7    an Organizational Unit's final Adequacy Target
8    attributable to bilingual education divided by the
9    Organizational Unit's final Adequacy Target, the product
10    of which shall be multiplied by the amount of new funding
11    received pursuant to this Section. An Organizational
12    Unit's final Adequacy Target attributable to bilingual
13    education shall include all additional investments in
14    English learner students' adequacy elements.
15        "Budget Year" means the school year for which primary
16    State aid is calculated and awarded under this Section.
17        "Central office" means individual administrators and
18    support service personnel charged with managing the
19    instructional programs, business and operations, and
20    security of the Organizational Unit.
21        "Comparable Wage Index" or "CWI" means a regional cost
22    differentiation metric that measures systemic, regional
23    variations in the salaries of college graduates who are
24    not educators. The CWI utilized for this Section shall,
25    for the first 3 years of Evidence-Based Funding
26    implementation, be the CWI initially developed by the

 

 

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1    National Center for Education Statistics, as most recently
2    updated by Texas A & M University. In the fourth and
3    subsequent years of Evidence-Based Funding implementation,
4    the State Superintendent shall re-determine the CWI using
5    a similar methodology to that identified in the Texas A & M
6    University study, with adjustments made no less frequently
7    than once every 5 years.
8        "Computer technology and equipment" means computers
9    servers, notebooks, network equipment, copiers, printers,
10    instructional software, security software, curriculum
11    management courseware, and other similar materials and
12    equipment.
13        "Computer technology and equipment investment
14    allocation" means the final Adequacy Target amount of an
15    Organizational Unit assigned to Tier 1 or Tier 2 in the
16    prior school year attributable to the additional $285.50
17    per student computer technology and equipment investment
18    grant divided by the Organizational Unit's final Adequacy
19    Target, the result of which shall be multiplied by the
20    amount of new funding received pursuant to this Section.
21    An Organizational Unit assigned to a Tier 1 or Tier 2 final
22    Adequacy Target attributable to the received computer
23    technology and equipment investment grant shall include
24    all additional investments in computer technology and
25    equipment adequacy elements.
26        "Core subject" means mathematics; science; reading,

 

 

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1    English, writing, and language arts; history and social
2    studies; world languages; and subjects taught as Advanced
3    Placement in high schools.
4        "Core teacher" means a regular classroom teacher in
5    elementary schools and teachers of a core subject in
6    middle and high schools.
7        "Core Intervention teacher (tutor)" means a licensed
8    teacher providing one-on-one or small group tutoring to
9    students struggling to meet proficiency in core subjects.
10        "CPPRT" means corporate personal property replacement
11    tax funds paid to an Organizational Unit during the
12    calendar year one year before the calendar year in which a
13    school year begins, pursuant to "An Act in relation to the
14    abolition of ad valorem personal property tax and the
15    replacement of revenues lost thereby, and amending and
16    repealing certain Acts and parts of Acts in connection
17    therewith", certified August 14, 1979, as amended (Public
18    Act 81-1st S.S.-1).
19        "EAV" means equalized assessed valuation as defined in
20    paragraph (2) of subsection (d) of this Section and
21    calculated in accordance with paragraph (3) of subsection
22    (d) of this Section.
23        "ECI" means the Bureau of Labor Statistics' national
24    employment cost index for civilian workers in educational
25    services in elementary and secondary schools on a
26    cumulative basis for the 12-month calendar year preceding

 

 

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1    the fiscal year of the Evidence-Based Funding calculation.
2        "EIS Data" means the employment information system
3    data maintained by the State Board on educators within
4    Organizational Units.
5        "Employee benefits" means health, dental, and vision
6    insurance offered to employees of an Organizational Unit,
7    the costs associated with the statutorily required payment
8    of the normal cost of the Organizational Unit's teacher
9    pensions, Social Security employer contributions, and
10    Illinois Municipal Retirement Fund employer contributions.
11        "English learner" or "EL" means a child included in
12    the definition of "English learners" under Section 14C-2
13    of this Code participating in a program of transitional
14    bilingual education or a transitional program of
15    instruction meeting the requirements and program
16    application procedures of Article 14C of this Code. For
17    the purposes of collecting the number of EL students
18    enrolled, the same collection and calculation methodology
19    as defined above for "ASE" shall apply to English
20    learners, with the exception that EL student enrollment
21    shall include students in grades pre-kindergarten through
22    12.
23        "Essential Elements" means those elements, resources,
24    and educational programs that have been identified through
25    academic research as necessary to improve student success,
26    improve academic performance, close achievement gaps, and

 

 

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1    provide for other per student costs related to the
2    delivery and leadership of the Organizational Unit, as
3    well as the maintenance and operations of the unit, and
4    which are specified in paragraph (2) of subsection (b) of
5    this Section.
6        "Evidence-Based Funding" means State funding provided
7    to an Organizational Unit pursuant to this Section.
8        "Extended day" means academic and enrichment programs
9    provided to students outside the regular school day before
10    and after school or during non-instructional times during
11    the school day.
12        "Extension Limitation Ratio" means a numerical ratio
13    in which the numerator is the Base Tax Year's Extension
14    and the denominator is the Preceding Tax Year's Extension.
15        "Final Percent of Adequacy" is defined in paragraph
16    (4) of subsection (f) of this Section.
17        "Final Resources" is defined in paragraph (3) of
18    subsection (f) of this Section.
19        "Full-time equivalent" or "FTE" means the full-time
20    equivalency compensation for staffing the relevant
21    position at an Organizational Unit.
22        "Funding Gap" is defined in paragraph (1) of
23    subsection (g).
24        "Hybrid District" means a partial elementary unit
25    district created pursuant to Article 11E of this Code.
26        "Instructional assistant" means a core or special

 

 

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1    education, non-licensed employee who assists a teacher in
2    the classroom and provides academic support to students.
3        "Instructional facilitator" means a qualified teacher
4    or licensed teacher leader who facilitates and coaches
5    continuous improvement in classroom instruction; provides
6    instructional support to teachers in the elements of
7    research-based instruction or demonstrates the alignment
8    of instruction with curriculum standards and assessment
9    tools; develops or coordinates instructional programs or
10    strategies; develops and implements training; chooses
11    standards-based instructional materials; provides
12    teachers with an understanding of current research; serves
13    as a mentor, site coach, curriculum specialist, or lead
14    teacher; or otherwise works with fellow teachers, in
15    collaboration, to use data to improve instructional
16    practice or develop model lessons.
17        "Instructional materials" means relevant
18    instructional materials for student instruction,
19    including, but not limited to, textbooks, consumable
20    workbooks, laboratory equipment, library books, and other
21    similar materials.
22        "Laboratory School" means a public school that is
23    created and operated by a public university and approved
24    by the State Board.
25        "Librarian" means a teacher with an endorsement as a
26    library information specialist or another individual whose

 

 

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1    primary responsibility is overseeing library resources
2    within an Organizational Unit.
3        "Limiting rate for Hybrid Districts" means the
4    combined elementary school and high school limiting rates.
5        "Local Capacity" is defined in paragraph (1) of
6    subsection (c) of this Section.
7        "Local Capacity Percentage" is defined in subparagraph
8    (A) of paragraph (2) of subsection (c) of this Section.
9        "Local Capacity Ratio" is defined in subparagraph (B)
10    of paragraph (2) of subsection (c) of this Section.
11        "Local Capacity Target" is defined in paragraph (2) of
12    subsection (c) of this Section.
13        "Low-Income Count" means, for an Organizational Unit
14    in a fiscal year, the higher of the average number of
15    students for the prior school year or the immediately
16    preceding 3 school years who, as of July 1 of the
17    immediately preceding fiscal year (as determined by the
18    Department of Human Services), are eligible for at least
19    one of the following low-income programs: Medicaid, the
20    Children's Health Insurance Program, Temporary Assistance
21    for Needy Families (TANF), or the Supplemental Nutrition
22    Assistance Program, excluding pupils who are eligible for
23    services provided by the Department of Children and Family
24    Services. Until such time that grade level low-income
25    populations become available, grade level low-income
26    populations shall be determined by applying the low-income

 

 

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1    percentage to total student enrollments by grade level.
2    The low-income percentage is determined by dividing the
3    Low-Income Count by the Average Student Enrollment. The
4    low-income percentage for programs operated by a regional
5    office of education or an intermediate service center must
6    be set to the weighted average of the low-income
7    percentages of all of the school districts in the service
8    region. The weighted low-income percentage is the result
9    of multiplying the low-income percentage of each school
10    district served by the regional office of education or
11    intermediate service center by each school district's
12    Average Student Enrollment, summarizing those products and
13    dividing the total by the total Average Student Enrollment
14    for the service region.
15        "Maintenance and operations" means custodial services,
16    facility and ground maintenance, facility operations,
17    facility security, routine facility repairs, and other
18    similar services and functions.
19        "Minimum Funding Level" is defined in paragraph (9) of
20    subsection (g) of this Section.
21        "New Property Tax Relief Pool Funds" means, for any
22    given fiscal year, all State funds appropriated under
23    Section 2-3.170 of this Code.
24        "New State Funds" means, for a given school year, all
25    State funds appropriated for Evidence-Based Funding in
26    excess of the amount needed to fund the Base Funding

 

 

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1    Minimum for all Organizational Units in that school year.
2        "Nurse" means an individual licensed as a certified
3    school nurse, in accordance with the rules established for
4    nursing services by the State Board, who is an employee of
5    and is available to provide health care-related services
6    for students of an Organizational Unit.
7        "Operating Tax Rate" means the rate utilized in the
8    previous year to extend property taxes for all purposes,
9    except Bond and Interest, Summer School, Rent, Capital
10    Improvement, and Vocational Education Building purposes.
11    For Hybrid Districts, the Operating Tax Rate shall be the
12    combined elementary and high school rates utilized in the
13    previous year to extend property taxes for all purposes,
14    except Bond and Interest, Summer School, Rent, Capital
15    Improvement, and Vocational Education Building purposes.
16        "Organizational Unit" means a Laboratory School or any
17    public school district that is recognized as such by the
18    State Board and that contains elementary schools typically
19    serving kindergarten through 5th grades, middle schools
20    typically serving 6th through 8th grades, high schools
21    typically serving 9th through 12th grades, a program
22    established under Section 2-3.66 or 2-3.41, or a program
23    operated by a regional office of education or an
24    intermediate service center under Article 13A or 13B. The
25    General Assembly acknowledges that the actual grade levels
26    served by a particular Organizational Unit may vary

 

 

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1    slightly from what is typical.
2        "Organizational Unit CWI" is determined by calculating
3    the CWI in the region and original county in which an
4    Organizational Unit's primary administrative office is
5    located as set forth in this paragraph, provided that if
6    the Organizational Unit CWI as calculated in accordance
7    with this paragraph is less than 0.9, the Organizational
8    Unit CWI shall be increased to 0.9. Each county's current
9    CWI value shall be adjusted based on the CWI value of that
10    county's neighboring Illinois counties, to create a
11    "weighted adjusted index value". This shall be calculated
12    by summing the CWI values of all of a county's adjacent
13    Illinois counties and dividing by the number of adjacent
14    Illinois counties, then taking the weighted value of the
15    original county's CWI value and the adjacent Illinois
16    county average. To calculate this weighted value, if the
17    number of adjacent Illinois counties is greater than 2,
18    the original county's CWI value will be weighted at 0.25
19    and the adjacent Illinois county average will be weighted
20    at 0.75. If the number of adjacent Illinois counties is 2,
21    the original county's CWI value will be weighted at 0.33
22    and the adjacent Illinois county average will be weighted
23    at 0.66. The greater of the county's current CWI value and
24    its weighted adjusted index value shall be used as the
25    Organizational Unit CWI.
26        "Preceding Tax Year" means the property tax levy year

 

 

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1    immediately preceding the Base Tax Year.
2        "Preceding Tax Year's Extension" means the product of
3    the equalized assessed valuation utilized by the county
4    clerk in the Preceding Tax Year multiplied by the
5    Operating Tax Rate.
6        "Preliminary Percent of Adequacy" is defined in
7    paragraph (2) of subsection (f) of this Section.
8        "Preliminary Resources" is defined in paragraph (2) of
9    subsection (f) of this Section.
10        "Principal" means a school administrator duly endorsed
11    to be employed as a principal in this State.
12        "Professional development" means training programs for
13    licensed staff in schools, including, but not limited to,
14    programs that assist in implementing new curriculum
15    programs, provide data focused or academic assessment data
16    training to help staff identify a student's weaknesses and
17    strengths, target interventions, improve instruction,
18    encompass instructional strategies for English learner,
19    gifted, or at-risk students, address inclusivity, cultural
20    sensitivity, or implicit bias, or otherwise provide
21    professional support for licensed staff.
22        "Prototypical" means 450 special education
23    pre-kindergarten and kindergarten through grade 5 students
24    for an elementary school, 450 grade 6 through 8 students
25    for a middle school, and 600 grade 9 through 12 students
26    for a high school.

 

 

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1        "PTELL" means the Property Tax Extension Limitation
2    Law.
3        "PTELL EAV" is defined in paragraph (4) of subsection
4    (d) of this Section.
5        "Pupil support staff" means a nurse, psychologist,
6    social worker, family liaison personnel, or other staff
7    member who provides support to at-risk or struggling
8    students.
9        "Real Receipts" is defined in paragraph (1) of
10    subsection (d) of this Section.
11        "Regionalization Factor" means, for a particular
12    Organizational Unit, the figure derived by dividing the
13    Organizational Unit CWI by the Statewide Weighted CWI.
14        "School counselor" means a licensed school counselor
15    who provides guidance and counseling support for students
16    within an Organizational Unit.
17        "School site staff" means the primary school secretary
18    and any additional clerical personnel assigned to a
19    school.
20        "Special education" means special educational
21    facilities and services, as defined in Section 14-1.08 of
22    this Code.
23        "Special Education Allocation" means the amount of an
24    Organizational Unit's final Adequacy Target attributable
25    to special education divided by the Organizational Unit's
26    final Adequacy Target, the product of which shall be

 

 

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1    multiplied by the amount of new funding received pursuant
2    to this Section. An Organizational Unit's final Adequacy
3    Target attributable to special education shall include all
4    special education investment adequacy elements.
5        "Specialist teacher" means a teacher who provides
6    instruction in subject areas not included in core
7    subjects, including, but not limited to, art, music,
8    physical education, health, driver education,
9    career-technical education, and such other subject areas
10    as may be mandated by State law or provided by an
11    Organizational Unit.
12        "Specially Funded Unit" means an Alternative School,
13    safe school, Department of Juvenile Justice school,
14    special education cooperative or entity recognized by the
15    State Board as a special education cooperative,
16    State-approved charter school, or alternative learning
17    opportunities program that received direct funding from
18    the State Board during the 2016-2017 school year through
19    any of the funding sources included within the calculation
20    of the Base Funding Minimum or Glenwood Academy.
21        "Supplemental Grant Funding" means supplemental
22    general State aid funding received by an Organizational
23    Unit during the 2016-2017 school year pursuant to
24    subsection (H) of Section 18-8.05 of this Code (now
25    repealed).
26        "State Adequacy Level" is the sum of the Adequacy

 

 

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1    Targets of all Organizational Units.
2        "State Board" means the State Board of Education.
3        "State Superintendent" means the State Superintendent
4    of Education.
5        "Statewide Weighted CWI" means a figure determined by
6    multiplying each Organizational Unit CWI times the ASE for
7    that Organizational Unit creating a weighted value,
8    summing all Organizational Units' weighted values, and
9    dividing by the total ASE of all Organizational Units,
10    thereby creating an average weighted index.
11        "Student activities" means non-credit producing
12    after-school programs, including, but not limited to,
13    clubs, bands, sports, and other activities authorized by
14    the school board of the Organizational Unit.
15        "Substitute teacher" means an individual teacher or
16    teaching assistant who is employed by an Organizational
17    Unit and is temporarily serving the Organizational Unit on
18    a per diem or per period-assignment basis to replace
19    another staff member.
20        "Summer school" means academic and enrichment programs
21    provided to students during the summer months outside of
22    the regular school year.
23        "Supervisory aide" means a non-licensed staff member
24    who helps in supervising students of an Organizational
25    Unit, but does so outside of the classroom, in situations
26    such as, but not limited to, monitoring hallways and

 

 

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1    playgrounds, supervising lunchrooms, or supervising
2    students when being transported in buses serving the
3    Organizational Unit.
4        "Target Ratio" is defined in paragraph (4) of
5    subsection (g).
6        "Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined
7    in paragraph (3) of subsection (g).
8        "Tier 1 Aggregate Funding", "Tier 2 Aggregate
9    Funding", "Tier 3 Aggregate Funding", and "Tier 4
10    Aggregate Funding" are defined in paragraph (1) of
11    subsection (g).
12    (b) Adequacy Target calculation.
13        (1) Each Organizational Unit's Adequacy Target is the
14    sum of the Organizational Unit's cost of providing
15    Essential Elements, as calculated in accordance with this
16    subsection (b), with the salary amounts in the Essential
17    Elements multiplied by a Regionalization Factor calculated
18    pursuant to paragraph (3) of this subsection (b).
19        (2) The Essential Elements are attributable on a pro
20    rata basis related to defined subgroups of the ASE of each
21    Organizational Unit as specified in this paragraph (2),
22    with investments and FTE positions pro rata funded based
23    on ASE counts in excess of or less than the thresholds set
24    forth in this paragraph (2). The method for calculating
25    attributable pro rata costs and the defined subgroups
26    thereto are as follows:

 

 

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1            (A) Core class size investments. Each
2        Organizational Unit shall receive the funding required
3        to support that number of FTE core teacher positions
4        as is needed to keep the respective class sizes of the
5        Organizational Unit to the following maximum numbers:
6                (i) For grades kindergarten through 3, the
7            Organizational Unit shall receive funding required
8            to support one FTE core teacher position for every
9            15 Low-Income Count students in those grades and
10            one FTE core teacher position for every 20
11            non-Low-Income Count students in those grades.
12                (ii) For grades 4 through 12, the
13            Organizational Unit shall receive funding required
14            to support one FTE core teacher position for every
15            20 Low-Income Count students in those grades and
16            one FTE core teacher position for every 25
17            non-Low-Income Count students in those grades.
18            The number of non-Low-Income Count students in a
19        grade shall be determined by subtracting the
20        Low-Income students in that grade from the ASE of the
21        Organizational Unit for that grade.
22            (B) Specialist teacher investments. Each
23        Organizational Unit shall receive the funding needed
24        to cover that number of FTE specialist teacher
25        positions that correspond to the following
26        percentages:

 

 

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1                (i) if the Organizational Unit operates an
2            elementary or middle school, then 20.00% of the
3            number of the Organizational Unit's core teachers,
4            as determined under subparagraph (A) of this
5            paragraph (2); and
6                (ii) if such Organizational Unit operates a
7            high school, then 33.33% of the number of the
8            Organizational Unit's core teachers.
9            (C) Instructional facilitator investments. Each
10        Organizational Unit shall receive the funding needed
11        to cover one FTE instructional facilitator position
12        for every 200 combined ASE of pre-kindergarten
13        children with disabilities and all kindergarten
14        through grade 12 students of the Organizational Unit.
15            (D) Core intervention teacher (tutor) investments.
16        Each Organizational Unit shall receive the funding
17        needed to cover one FTE teacher position for each
18        prototypical elementary, middle, and high school.
19            (E) Substitute teacher investments. Each
20        Organizational Unit shall receive the funding needed
21        to cover substitute teacher costs that is equal to
22        5.70% of the minimum pupil attendance days required
23        under Section 10-19 of this Code for all full-time
24        equivalent core, specialist, and intervention
25        teachers, school nurses, special education teachers
26        and instructional assistants, instructional

 

 

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1        facilitators, and summer school and extended day
2        teacher positions, as determined under this paragraph
3        (2), at a salary rate of 33.33% of the average salary
4        for grade K through 12 teachers and 33.33% of the
5        average salary of each instructional assistant
6        position.
7            (F) Core school counselor investments. Each
8        Organizational Unit shall receive the funding needed
9        to cover one FTE school counselor for each 450
10        combined ASE of pre-kindergarten children with
11        disabilities and all kindergarten through grade 5
12        students, plus one FTE school counselor for each 250
13        grades 6 through 8 ASE middle school students, plus
14        one FTE school counselor for each 250 grades 9 through
15        12 ASE high school students.
16            (G) Nurse investments. Each Organizational Unit
17        shall receive the funding needed to cover one FTE
18        nurse for each 750 combined ASE of pre-kindergarten
19        children with disabilities and all kindergarten
20        through grade 12 students across all grade levels it
21        serves.
22            (H) Supervisory aide investments. Each
23        Organizational Unit shall receive the funding needed
24        to cover one FTE for each 225 combined ASE of
25        pre-kindergarten children with disabilities and all
26        kindergarten through grade 5 students, plus one FTE

 

 

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1        for each 225 ASE middle school students, plus one FTE
2        for each 200 ASE high school students.
3            (I) Librarian investments. Each Organizational
4        Unit shall receive the funding needed to cover one FTE
5        librarian for each prototypical elementary school,
6        middle school, and high school and one FTE aide or
7        media technician for every 300 combined ASE of
8        pre-kindergarten children with disabilities and all
9        kindergarten through grade 12 students.
10            (J) Principal investments. Each Organizational
11        Unit shall receive the funding needed to cover one FTE
12        principal position for each prototypical elementary
13        school, plus one FTE principal position for each
14        prototypical middle school, plus one FTE principal
15        position for each prototypical high school.
16            (K) Assistant principal investments. Each
17        Organizational Unit shall receive the funding needed
18        to cover one FTE assistant principal position for each
19        prototypical elementary school, plus one FTE assistant
20        principal position for each prototypical middle
21        school, plus one FTE assistant principal position for
22        each prototypical high school.
23            (L) School site staff investments. Each
24        Organizational Unit shall receive the funding needed
25        for one FTE position for each 225 ASE of
26        pre-kindergarten children with disabilities and all

 

 

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1        kindergarten through grade 5 students, plus one FTE
2        position for each 225 ASE middle school students, plus
3        one FTE position for each 200 ASE high school
4        students.
5            (M) Gifted investments. Each Organizational Unit
6        shall receive $40 per kindergarten through grade 12
7        ASE.
8            (N) Professional development investments. Each
9        Organizational Unit shall receive $125 per student of
10        the combined ASE of pre-kindergarten children with
11        disabilities and all kindergarten through grade 12
12        students for trainers and other professional
13        development-related expenses for supplies and
14        materials.
15            (O) Instructional material investments. Each
16        Organizational Unit shall receive $190 per student of
17        the combined ASE of pre-kindergarten children with
18        disabilities and all kindergarten through grade 12
19        students to cover instructional material costs.
20            (P) Assessment investments. Each Organizational
21        Unit shall receive $25 per student of the combined ASE
22        of pre-kindergarten children with disabilities and all
23        kindergarten through grade 12 students to cover
24        assessment costs.
25            (Q) Computer technology and equipment investments.
26        Each Organizational Unit shall receive $285.50 per

 

 

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1        student of the combined ASE of pre-kindergarten
2        children with disabilities and all kindergarten
3        through grade 12 students to cover computer technology
4        and equipment costs. For the 2018-2019 school year and
5        subsequent school years, Organizational Units assigned
6        to Tier 1 and Tier 2 in the prior school year shall
7        receive an additional $285.50 per student of the
8        combined ASE of pre-kindergarten children with
9        disabilities and all kindergarten through grade 12
10        students to cover computer technology and equipment
11        costs in the Organizational Unit's Adequacy Target.
12        The State Board may establish additional requirements
13        for Organizational Unit expenditures of funds received
14        pursuant to this subparagraph (Q), including a
15        requirement that funds received pursuant to this
16        subparagraph (Q) may be used only for serving the
17        technology needs of the district. It is the intent of
18        Public Act 100-465 that all Tier 1 and Tier 2 districts
19        receive the addition to their Adequacy Target in the
20        following year, subject to compliance with the
21        requirements of the State Board.
22            (R) Student activities investments. Each
23        Organizational Unit shall receive the following
24        funding amounts to cover student activities: $100 per
25        kindergarten through grade 5 ASE student in elementary
26        school, plus $200 per ASE student in middle school,

 

 

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1        plus $675 per ASE student in high school.
2            (S) Maintenance and operations investments. Each
3        Organizational Unit shall receive $1,038 per student
4        of the combined ASE of pre-kindergarten children with
5        disabilities and all kindergarten through grade 12
6        students for day-to-day maintenance and operations
7        expenditures, including salary, supplies, and
8        materials, as well as purchased services, but
9        excluding employee benefits. The proportion of salary
10        for the application of a Regionalization Factor and
11        the calculation of benefits is equal to $352.92.
12            (T) Central office investments. Each
13        Organizational Unit shall receive $742 per student of
14        the combined ASE of pre-kindergarten children with
15        disabilities and all kindergarten through grade 12
16        students to cover central office operations, including
17        administrators and classified personnel charged with
18        managing the instructional programs, business and
19        operations of the school district, and security
20        personnel. The proportion of salary for the
21        application of a Regionalization Factor and the
22        calculation of benefits is equal to $368.48.
23            (U) Employee benefit investments. Each
24        Organizational Unit shall receive 30% of the total of
25        all salary-calculated elements of the Adequacy Target,
26        excluding substitute teachers and student activities

 

 

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1        investments, to cover benefit costs. For central
2        office and maintenance and operations investments, the
3        benefit calculation shall be based upon the salary
4        proportion of each investment. If at any time the
5        responsibility for funding the employer normal cost of
6        teacher pensions is assigned to school districts, then
7        that amount certified by the Teachers' Retirement
8        System of the State of Illinois to be paid by the
9        Organizational Unit for the preceding school year
10        shall be added to the benefit investment. For any
11        fiscal year in which a school district organized under
12        Article 34 of this Code is responsible for paying the
13        employer normal cost of teacher pensions, then that
14        amount of its employer normal cost plus the amount for
15        retiree health insurance as certified by the Public
16        School Teachers' Pension and Retirement Fund of
17        Chicago to be paid by the school district for the
18        preceding school year that is statutorily required to
19        cover employer normal costs and the amount for retiree
20        health insurance shall be added to the 30% specified
21        in this subparagraph (U). The Teachers' Retirement
22        System of the State of Illinois and the Public School
23        Teachers' Pension and Retirement Fund of Chicago shall
24        submit such information as the State Superintendent
25        may require for the calculations set forth in this
26        subparagraph (U).

 

 

HB4844 Engrossed- 895 -LRB103 39009 AMC 69146 b

1            (V) Additional investments in low-income students.
2        In addition to and not in lieu of all other funding
3        under this paragraph (2), each Organizational Unit
4        shall receive funding based on the average teacher
5        salary for grades K through 12 to cover the costs of:
6                (i) one FTE intervention teacher (tutor)
7            position for every 125 Low-Income Count students;
8                (ii) one FTE pupil support staff position for
9            every 125 Low-Income Count students;
10                (iii) one FTE extended day teacher position
11            for every 120 Low-Income Count students; and
12                (iv) one FTE summer school teacher position
13            for every 120 Low-Income Count students.
14            (W) Additional investments in English learner
15        students. In addition to and not in lieu of all other
16        funding under this paragraph (2), each Organizational
17        Unit shall receive funding based on the average
18        teacher salary for grades K through 12 to cover the
19        costs of:
20                (i) one FTE intervention teacher (tutor)
21            position for every 125 English learner students;
22                (ii) one FTE pupil support staff position for
23            every 125 English learner students;
24                (iii) one FTE extended day teacher position
25            for every 120 English learner students;
26                (iv) one FTE summer school teacher position

 

 

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1            for every 120 English learner students; and
2                (v) one FTE core teacher position for every
3            100 English learner students.
4            (X) Special education investments. Each
5        Organizational Unit shall receive funding based on the
6        average teacher salary for grades K through 12 to
7        cover special education as follows:
8                (i) one FTE teacher position for every 141
9            combined ASE of pre-kindergarten children with
10            disabilities and all kindergarten through grade 12
11            students;
12                (ii) one FTE instructional assistant for every
13            141 combined ASE of pre-kindergarten children with
14            disabilities and all kindergarten through grade 12
15            students; and
16                (iii) one FTE psychologist position for every
17            1,000 combined ASE of pre-kindergarten children
18            with disabilities and all kindergarten through
19            grade 12 students.
20        (3) For calculating the salaries included within the
21    Essential Elements, the State Superintendent shall
22    annually calculate average salaries to the nearest dollar
23    using the employment information system data maintained by
24    the State Board, limited to public schools only and
25    excluding special education and vocational cooperatives,
26    schools operated by the Department of Juvenile Justice,

 

 

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1    and charter schools, for the following positions:
2            (A) Teacher for grades K through 8.
3            (B) Teacher for grades 9 through 12.
4            (C) Teacher for grades K through 12.
5            (D) School counselor for grades K through 8.
6            (E) School counselor for grades 9 through 12.
7            (F) School counselor for grades K through 12.
8            (G) Social worker.
9            (H) Psychologist.
10            (I) Librarian.
11            (J) Nurse.
12            (K) Principal.
13            (L) Assistant principal.
14        For the purposes of this paragraph (3), "teacher"
15    includes core teachers, specialist and elective teachers,
16    instructional facilitators, tutors, special education
17    teachers, pupil support staff teachers, English learner
18    teachers, extended day teachers, and summer school
19    teachers. Where specific grade data is not required for
20    the Essential Elements, the average salary for
21    corresponding positions shall apply. For substitute
22    teachers, the average teacher salary for grades K through
23    12 shall apply.
24        For calculating the salaries included within the
25    Essential Elements for positions not included within EIS
26    Data, the following salaries shall be used in the first

 

 

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1    year of implementation of Evidence-Based Funding:
2            (i) school site staff, $30,000; and
3            (ii) non-instructional assistant, instructional
4        assistant, library aide, library media tech, or
5        supervisory aide: $25,000.
6        In the second and subsequent years of implementation
7    of Evidence-Based Funding, the amounts in items (i) and
8    (ii) of this paragraph (3) shall annually increase by the
9    ECI.
10        The salary amounts for the Essential Elements
11    determined pursuant to subparagraphs (A) through (L), (S)
12    and (T), and (V) through (X) of paragraph (2) of
13    subsection (b) of this Section shall be multiplied by a
14    Regionalization Factor.
15    (c) Local Capacity calculation.
16        (1) Each Organizational Unit's Local Capacity
17    represents an amount of funding it is assumed to
18    contribute toward its Adequacy Target for purposes of the
19    Evidence-Based Funding formula calculation. "Local
20    Capacity" means either (i) the Organizational Unit's Local
21    Capacity Target as calculated in accordance with paragraph
22    (2) of this subsection (c) if its Real Receipts are equal
23    to or less than its Local Capacity Target or (ii) the
24    Organizational Unit's Adjusted Local Capacity, as
25    calculated in accordance with paragraph (3) of this
26    subsection (c) if Real Receipts are more than its Local

 

 

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1    Capacity Target.
2        (2) "Local Capacity Target" means, for an
3    Organizational Unit, that dollar amount that is obtained
4    by multiplying its Adequacy Target by its Local Capacity
5    Ratio.
6            (A) An Organizational Unit's Local Capacity
7        Percentage is the conversion of the Organizational
8        Unit's Local Capacity Ratio, as such ratio is
9        determined in accordance with subparagraph (B) of this
10        paragraph (2), into a cumulative distribution
11        resulting in a percentile ranking to determine each
12        Organizational Unit's relative position to all other
13        Organizational Units in this State. The calculation of
14        Local Capacity Percentage is described in subparagraph
15        (C) of this paragraph (2).
16            (B) An Organizational Unit's Local Capacity Ratio
17        in a given year is the percentage obtained by dividing
18        its Adjusted EAV or PTELL EAV, whichever is less, by
19        its Adequacy Target, with the resulting ratio further
20        adjusted as follows:
21                (i) for Organizational Units serving grades
22            kindergarten through 12 and Hybrid Districts, no
23            further adjustments shall be made;
24                (ii) for Organizational Units serving grades
25            kindergarten through 8, the ratio shall be
26            multiplied by 9/13;

 

 

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1                (iii) for Organizational Units serving grades
2            9 through 12, the Local Capacity Ratio shall be
3            multiplied by 4/13; and
4                (iv) for an Organizational Unit with a
5            different grade configuration than those specified
6            in items (i) through (iii) of this subparagraph
7            (B), the State Superintendent shall determine a
8            comparable adjustment based on the grades served.
9            (C) The Local Capacity Percentage is equal to the
10        percentile ranking of the district. Local Capacity
11        Percentage converts each Organizational Unit's Local
12        Capacity Ratio to a cumulative distribution resulting
13        in a percentile ranking to determine each
14        Organizational Unit's relative position to all other
15        Organizational Units in this State. The Local Capacity
16        Percentage cumulative distribution resulting in a
17        percentile ranking for each Organizational Unit shall
18        be calculated using the standard normal distribution
19        of the score in relation to the weighted mean and
20        weighted standard deviation and Local Capacity Ratios
21        of all Organizational Units. If the value assigned to
22        any Organizational Unit is in excess of 90%, the value
23        shall be adjusted to 90%. For Laboratory Schools, the
24        Local Capacity Percentage shall be set at 10% in
25        recognition of the absence of EAV and resources from
26        the public university that are allocated to the

 

 

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1        Laboratory School. For programs operated by a regional
2        office of education or an intermediate service center,
3        the Local Capacity Percentage must be set at 10% in
4        recognition of the absence of EAV and resources from
5        school districts that are allocated to the regional
6        office of education or intermediate service center.
7        The weighted mean for the Local Capacity Percentage
8        shall be determined by multiplying each Organizational
9        Unit's Local Capacity Ratio times the ASE for the unit
10        creating a weighted value, summing the weighted values
11        of all Organizational Units, and dividing by the total
12        ASE of all Organizational Units. The weighted standard
13        deviation shall be determined by taking the square
14        root of the weighted variance of all Organizational
15        Units' Local Capacity Ratio, where the variance is
16        calculated by squaring the difference between each
17        unit's Local Capacity Ratio and the weighted mean,
18        then multiplying the variance for each unit times the
19        ASE for the unit to create a weighted variance for each
20        unit, then summing all units' weighted variance and
21        dividing by the total ASE of all units.
22            (D) For any Organizational Unit, the
23        Organizational Unit's Adjusted Local Capacity Target
24        shall be reduced by either (i) the school board's
25        remaining contribution pursuant to paragraph (ii) of
26        subsection (b-4) of Section 16-158 of the Illinois

 

 

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1        Pension Code in a given year or (ii) the board of
2        education's remaining contribution pursuant to
3        paragraph (iv) of subsection (b) of Section 17-129 of
4        the Illinois Pension Code absent the employer normal
5        cost portion of the required contribution and amount
6        allowed pursuant to subdivision (3) of Section
7        17-142.1 of the Illinois Pension Code in a given year.
8        In the preceding sentence, item (i) shall be certified
9        to the State Board of Education by the Teachers'
10        Retirement System of the State of Illinois and item
11        (ii) shall be certified to the State Board of
12        Education by the Public School Teachers' Pension and
13        Retirement Fund of the City of Chicago.
14        (3) If an Organizational Unit's Real Receipts are more
15    than its Local Capacity Target, then its Local Capacity
16    shall equal an Adjusted Local Capacity Target as
17    calculated in accordance with this paragraph (3). The
18    Adjusted Local Capacity Target is calculated as the sum of
19    the Organizational Unit's Local Capacity Target and its
20    Real Receipts Adjustment. The Real Receipts Adjustment
21    equals the Organizational Unit's Real Receipts less its
22    Local Capacity Target, with the resulting figure
23    multiplied by the Local Capacity Percentage.
24        As used in this paragraph (3), "Real Percent of
25    Adequacy" means the sum of an Organizational Unit's Real
26    Receipts, CPPRT, and Base Funding Minimum, with the

 

 

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1    resulting figure divided by the Organizational Unit's
2    Adequacy Target.
3    (d) Calculation of Real Receipts, EAV, and Adjusted EAV
4for purposes of the Local Capacity calculation.
5        (1) An Organizational Unit's Real Receipts are the
6    product of its Applicable Tax Rate and its Adjusted EAV.
7    An Organizational Unit's Applicable Tax Rate is its
8    Adjusted Operating Tax Rate for property within the
9    Organizational Unit.
10        (2) The State Superintendent shall calculate the
11    equalized assessed valuation, or EAV, of all taxable
12    property of each Organizational Unit as of September 30 of
13    the previous year in accordance with paragraph (3) of this
14    subsection (d). The State Superintendent shall then
15    determine the Adjusted EAV of each Organizational Unit in
16    accordance with paragraph (4) of this subsection (d),
17    which Adjusted EAV figure shall be used for the purposes
18    of calculating Local Capacity.
19        (3) To calculate Real Receipts and EAV, the Department
20    of Revenue shall supply to the State Superintendent the
21    value as equalized or assessed by the Department of
22    Revenue of all taxable property of every Organizational
23    Unit, together with (i) the applicable tax rate used in
24    extending taxes for the funds of the Organizational Unit
25    as of September 30 of the previous year and (ii) the
26    limiting rate for all Organizational Units subject to

 

 

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1    property tax extension limitations as imposed under PTELL.
2            (A) The Department of Revenue shall add to the
3        equalized assessed value of all taxable property of
4        each Organizational Unit situated entirely or
5        partially within a county that is or was subject to the
6        provisions of Section 15-176 or 15-177 of the Property
7        Tax Code (i) an amount equal to the total amount by
8        which the homestead exemption allowed under Section
9        15-176 or 15-177 of the Property Tax Code for real
10        property situated in that Organizational Unit exceeds
11        the total amount that would have been allowed in that
12        Organizational Unit if the maximum reduction under
13        Section 15-176 was (I) $4,500 in Cook County or $3,500
14        in all other counties in tax year 2003 or (II) $5,000
15        in all counties in tax year 2004 and thereafter and
16        (ii) an amount equal to the aggregate amount for the
17        taxable year of all additional exemptions under
18        Section 15-175 of the Property Tax Code for owners
19        with a household income of $30,000 or less. The county
20        clerk of any county that is or was subject to the
21        provisions of Section 15-176 or 15-177 of the Property
22        Tax Code shall annually calculate and certify to the
23        Department of Revenue for each Organizational Unit all
24        homestead exemption amounts under Section 15-176 or
25        15-177 of the Property Tax Code and all amounts of
26        additional exemptions under Section 15-175 of the

 

 

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1        Property Tax Code for owners with a household income
2        of $30,000 or less. It is the intent of this
3        subparagraph (A) that if the general homestead
4        exemption for a parcel of property is determined under
5        Section 15-176 or 15-177 of the Property Tax Code
6        rather than Section 15-175, then the calculation of
7        EAV shall not be affected by the difference, if any,
8        between the amount of the general homestead exemption
9        allowed for that parcel of property under Section
10        15-176 or 15-177 of the Property Tax Code and the
11        amount that would have been allowed had the general
12        homestead exemption for that parcel of property been
13        determined under Section 15-175 of the Property Tax
14        Code. It is further the intent of this subparagraph
15        (A) that if additional exemptions are allowed under
16        Section 15-175 of the Property Tax Code for owners
17        with a household income of less than $30,000, then the
18        calculation of EAV shall not be affected by the
19        difference, if any, because of those additional
20        exemptions.
21            (B) With respect to any part of an Organizational
22        Unit within a redevelopment project area in respect to
23        which a municipality has adopted tax increment
24        allocation financing pursuant to the Tax Increment
25        Allocation Redevelopment Act, Division 74.4 of Article
26        11 of the Illinois Municipal Code, or the Industrial

 

 

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1        Jobs Recovery Law, Division 74.6 of Article 11 of the
2        Illinois Municipal Code, no part of the current EAV of
3        real property located in any such project area that is
4        attributable to an increase above the total initial
5        EAV of such property shall be used as part of the EAV
6        of the Organizational Unit, until such time as all
7        redevelopment project costs have been paid, as
8        provided in Section 11-74.4-8 of the Tax Increment
9        Allocation Redevelopment Act or in Section 11-74.6-35
10        of the Industrial Jobs Recovery Law. For the purpose
11        of the EAV of the Organizational Unit, the total
12        initial EAV or the current EAV, whichever is lower,
13        shall be used until such time as all redevelopment
14        project costs have been paid.
15            (B-5) The real property equalized assessed
16        valuation for a school district shall be adjusted by
17        subtracting from the real property value, as equalized
18        or assessed by the Department of Revenue, for the
19        district an amount computed by dividing the amount of
20        any abatement of taxes under Section 18-170 of the
21        Property Tax Code by 3.00% for a district maintaining
22        grades kindergarten through 12, by 2.30% for a
23        district maintaining grades kindergarten through 8, or
24        by 1.05% for a district maintaining grades 9 through
25        12 and adjusted by an amount computed by dividing the
26        amount of any abatement of taxes under subsection (a)

 

 

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1        of Section 18-165 of the Property Tax Code by the same
2        percentage rates for district type as specified in
3        this subparagraph (B-5).
4            (C) For Organizational Units that are Hybrid
5        Districts, the State Superintendent shall use the
6        lesser of the adjusted equalized assessed valuation
7        for property within the partial elementary unit
8        district for elementary purposes, as defined in
9        Article 11E of this Code, or the adjusted equalized
10        assessed valuation for property within the partial
11        elementary unit district for high school purposes, as
12        defined in Article 11E of this Code.
13            (D) If a school district's boundaries span
14        multiple counties, then the Department of Revenue
15        shall send to the State Board, for the purposes of
16        calculating Evidence-Based Funding, the limiting rate
17        and individual rates by purpose for the county that
18        contains the majority of the school district's
19        equalized assessed valuation.
20        (4) An Organizational Unit's Adjusted EAV shall be the
21    average of its EAV over the immediately preceding 3 years
22    or the lesser of its EAV in the immediately preceding year
23    or the average of its EAV over the immediately preceding 3
24    years if the EAV in the immediately preceding year has
25    declined by 10% or more when comparing the 2 most recent
26    years. In the event of Organizational Unit reorganization,

 

 

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1    consolidation, or annexation, the Organizational Unit's
2    Adjusted EAV for the first 3 years after such change shall
3    be as follows: the most current EAV shall be used in the
4    first year, the average of a 2-year EAV or its EAV in the
5    immediately preceding year if the EAV declines by 10% or
6    more when comparing the 2 most recent years for the second
7    year, and the lesser of a 3-year average EAV or its EAV in
8    the immediately preceding year if the Adjusted EAV
9    declines by 10% or more when comparing the 2 most recent
10    years for the third year. For any school district whose
11    EAV in the immediately preceding year is used in
12    calculations, in the following year, the Adjusted EAV
13    shall be the average of its EAV over the immediately
14    preceding 2 years or the immediately preceding year if
15    that year represents a decline of 10% or more when
16    comparing the 2 most recent years.
17        "PTELL EAV" means a figure calculated by the State
18    Board for Organizational Units subject to PTELL as
19    described in this paragraph (4) for the purposes of
20    calculating an Organizational Unit's Local Capacity Ratio.
21    Except as otherwise provided in this paragraph (4), the
22    PTELL EAV of an Organizational Unit shall be equal to the
23    product of the equalized assessed valuation last used in
24    the calculation of general State aid under Section 18-8.05
25    of this Code (now repealed) or Evidence-Based Funding
26    under this Section and the Organizational Unit's Extension

 

 

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1    Limitation Ratio. If an Organizational Unit has approved
2    or does approve an increase in its limiting rate, pursuant
3    to Section 18-190 of the Property Tax Code, affecting the
4    Base Tax Year, the PTELL EAV shall be equal to the product
5    of the equalized assessed valuation last used in the
6    calculation of general State aid under Section 18-8.05 of
7    this Code (now repealed) or Evidence-Based Funding under
8    this Section multiplied by an amount equal to one plus the
9    percentage increase, if any, in the Consumer Price Index
10    for All Urban Consumers for all items published by the
11    United States Department of Labor for the 12-month
12    calendar year preceding the Base Tax Year, plus the
13    equalized assessed valuation of new property, annexed
14    property, and recovered tax increment value and minus the
15    equalized assessed valuation of disconnected property.
16        As used in this paragraph (4), "new property" and
17    "recovered tax increment value" shall have the meanings
18    set forth in the Property Tax Extension Limitation Law.
19    (e) Base Funding Minimum calculation.
20        (1) For the 2017-2018 school year, the Base Funding
21    Minimum of an Organizational Unit or a Specially Funded
22    Unit shall be the amount of State funds distributed to the
23    Organizational Unit or Specially Funded Unit during the
24    2016-2017 school year prior to any adjustments and
25    specified appropriation amounts described in this
26    paragraph (1) from the following Sections, as calculated

 

 

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1    by the State Superintendent: Section 18-8.05 of this Code
2    (now repealed); Section 5 of Article 224 of Public Act
3    99-524 (equity grants); Section 14-7.02b of this Code
4    (funding for children requiring special education
5    services); Section 14-13.01 of this Code (special
6    education facilities and staffing), except for
7    reimbursement of the cost of transportation pursuant to
8    Section 14-13.01; Section 14C-12 of this Code (English
9    learners); and Section 18-4.3 of this Code (summer
10    school), based on an appropriation level of $13,121,600.
11    For a school district organized under Article 34 of this
12    Code, the Base Funding Minimum also includes (i) the funds
13    allocated to the school district pursuant to Section 1D-1
14    of this Code attributable to funding programs authorized
15    by the Sections of this Code listed in the preceding
16    sentence and (ii) the difference between (I) the funds
17    allocated to the school district pursuant to Section 1D-1
18    of this Code attributable to the funding programs
19    authorized by Section 14-7.02 (non-public special
20    education reimbursement), subsection (b) of Section
21    14-13.01 (special education transportation), Section 29-5
22    (transportation), Section 2-3.80 (agricultural
23    education), Section 2-3.66 (truants' alternative
24    education), Section 2-3.62 (educational service centers),
25    and Section 14-7.03 (special education - orphanage) of
26    this Code and Section 15 of the Childhood Hunger Relief

 

 

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1    Act (free breakfast program) and (II) the school
2    district's actual expenditures for its non-public special
3    education, special education transportation,
4    transportation programs, agricultural education, truants'
5    alternative education, services that would otherwise be
6    performed by a regional office of education, special
7    education orphanage expenditures, and free breakfast, as
8    most recently calculated and reported pursuant to
9    subsection (f) of Section 1D-1 of this Code. The Base
10    Funding Minimum for Glenwood Academy shall be $952,014.
11    For programs operated by a regional office of education or
12    an intermediate service center, the Base Funding Minimum
13    must be the total amount of State funds allocated to those
14    programs in the 2018-2019 school year and amounts provided
15    pursuant to Article 34 of Public Act 100-586 and Section
16    3-16 of this Code. All programs established after June 5,
17    2019 (the effective date of Public Act 101-10) and
18    administered by a regional office of education or an
19    intermediate service center must have an initial Base
20    Funding Minimum set to an amount equal to the first-year
21    ASE multiplied by the amount of per pupil funding received
22    in the previous school year by the lowest funded similar
23    existing program type. If the enrollment for a program
24    operated by a regional office of education or an
25    intermediate service center is zero, then it may not
26    receive Base Funding Minimum funds for that program in the

 

 

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1    next fiscal year, and those funds must be distributed to
2    Organizational Units under subsection (g).
3        (2) For the 2018-2019 and subsequent school years, the
4    Base Funding Minimum of Organizational Units and Specially
5    Funded Units shall be the sum of (i) the amount of
6    Evidence-Based Funding for the prior school year, (ii) the
7    Base Funding Minimum for the prior school year, and (iii)
8    any amount received by a school district pursuant to
9    Section 7 of Article 97 of Public Act 100-21.
10        For the 2022-2023 school year, the Base Funding
11    Minimum of Organizational Units shall be the amounts
12    recalculated by the State Board of Education for Fiscal
13    Year 2019 through Fiscal Year 2022 that were necessary due
14    to average student enrollment errors for districts
15    organized under Article 34 of this Code, plus the Fiscal
16    Year 2022 property tax relief grants provided under
17    Section 2-3.170 of this Code, ensuring each Organizational
18    Unit has the correct amount of resources for Fiscal Year
19    2023 Evidence-Based Funding calculations and that Fiscal
20    Year 2023 Evidence-Based Funding Distributions are made in
21    accordance with this Section.
22        (3) Subject to approval by the General Assembly as
23    provided in this paragraph (3), an Organizational Unit
24    that meets all of the following criteria, as determined by
25    the State Board, shall have District Intervention Money
26    added to its Base Funding Minimum at the time the Base

 

 

HB4844 Engrossed- 913 -LRB103 39009 AMC 69146 b

1    Funding Minimum is calculated by the State Board:
2            (A) The Organizational Unit is operating under an
3        Independent Authority under Section 2-3.25f-5 of this
4        Code for a minimum of 4 school years or is subject to
5        the control of the State Board pursuant to a court
6        order for a minimum of 4 school years.
7            (B) The Organizational Unit was designated as a
8        Tier 1 or Tier 2 Organizational Unit in the previous
9        school year under paragraph (3) of subsection (g) of
10        this Section.
11            (C) The Organizational Unit demonstrates
12        sustainability through a 5-year financial and
13        strategic plan.
14            (D) The Organizational Unit has made sufficient
15        progress and achieved sufficient stability in the
16        areas of governance, academic growth, and finances.
17        As part of its determination under this paragraph (3),
18    the State Board may consider the Organizational Unit's
19    summative designation, any accreditations of the
20    Organizational Unit, or the Organizational Unit's
21    financial profile, as calculated by the State Board.
22        If the State Board determines that an Organizational
23    Unit has met the criteria set forth in this paragraph (3),
24    it must submit a report to the General Assembly, no later
25    than January 2 of the fiscal year in which the State Board
26    makes it determination, on the amount of District

 

 

HB4844 Engrossed- 914 -LRB103 39009 AMC 69146 b

1    Intervention Money to add to the Organizational Unit's
2    Base Funding Minimum. The General Assembly must review the
3    State Board's report and may approve or disapprove, by
4    joint resolution, the addition of District Intervention
5    Money. If the General Assembly fails to act on the report
6    within 40 calendar days from the receipt of the report,
7    the addition of District Intervention Money is deemed
8    approved. If the General Assembly approves the amount of
9    District Intervention Money to be added to the
10    Organizational Unit's Base Funding Minimum, the District
11    Intervention Money must be added to the Base Funding
12    Minimum annually thereafter.
13        For the first 4 years following the initial year that
14    the State Board determines that an Organizational Unit has
15    met the criteria set forth in this paragraph (3) and has
16    received funding under this Section, the Organizational
17    Unit must annually submit to the State Board, on or before
18    November 30, a progress report regarding its financial and
19    strategic plan under subparagraph (C) of this paragraph
20    (3). The plan shall include the financial data from the
21    past 4 annual financial reports or financial audits that
22    must be presented to the State Board by November 15 of each
23    year and the approved budget financial data for the
24    current year. The plan shall be developed according to the
25    guidelines presented to the Organizational Unit by the
26    State Board. The plan shall further include financial

 

 

HB4844 Engrossed- 915 -LRB103 39009 AMC 69146 b

1    projections for the next 3 fiscal years and include a
2    discussion and financial summary of the Organizational
3    Unit's facility needs. If the Organizational Unit does not
4    demonstrate sufficient progress toward its 5-year plan or
5    if it has failed to file an annual financial report, an
6    annual budget, a financial plan, a deficit reduction plan,
7    or other financial information as required by law, the
8    State Board may establish a Financial Oversight Panel
9    under Article 1H of this Code. However, if the
10    Organizational Unit already has a Financial Oversight
11    Panel, the State Board may extend the duration of the
12    Panel.
13    (f) Percent of Adequacy and Final Resources calculation.
14        (1) The Evidence-Based Funding formula establishes a
15    Percent of Adequacy for each Organizational Unit in order
16    to place such units into tiers for the purposes of the
17    funding distribution system described in subsection (g) of
18    this Section. Initially, an Organizational Unit's
19    Preliminary Resources and Preliminary Percent of Adequacy
20    are calculated pursuant to paragraph (2) of this
21    subsection (f). Then, an Organizational Unit's Final
22    Resources and Final Percent of Adequacy are calculated to
23    account for the Organizational Unit's poverty
24    concentration levels pursuant to paragraphs (3) and (4) of
25    this subsection (f).
26        (2) An Organizational Unit's Preliminary Resources are

 

 

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1    equal to the sum of its Local Capacity Target, CPPRT, and
2    Base Funding Minimum. An Organizational Unit's Preliminary
3    Percent of Adequacy is the lesser of (i) its Preliminary
4    Resources divided by its Adequacy Target or (ii) 100%.
5        (3) Except for Specially Funded Units, an
6    Organizational Unit's Final Resources are equal to the sum
7    of its Local Capacity, CPPRT, and Adjusted Base Funding
8    Minimum. The Base Funding Minimum of each Specially Funded
9    Unit shall serve as its Final Resources, except that the
10    Base Funding Minimum for State-approved charter schools
11    shall not include any portion of general State aid
12    allocated in the prior year based on the per capita
13    tuition charge times the charter school enrollment.
14        (4) An Organizational Unit's Final Percent of Adequacy
15    is its Final Resources divided by its Adequacy Target. An
16    Organizational Unit's Adjusted Base Funding Minimum is
17    equal to its Base Funding Minimum less its Supplemental
18    Grant Funding, with the resulting figure added to the
19    product of its Supplemental Grant Funding and Preliminary
20    Percent of Adequacy.
21    (g) Evidence-Based Funding formula distribution system.
22        (1) In each school year under the Evidence-Based
23    Funding formula, each Organizational Unit receives funding
24    equal to the sum of its Base Funding Minimum and the unit's
25    allocation of New State Funds determined pursuant to this
26    subsection (g). To allocate New State Funds, the

 

 

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1    Evidence-Based Funding formula distribution system first
2    places all Organizational Units into one of 4 tiers in
3    accordance with paragraph (3) of this subsection (g),
4    based on the Organizational Unit's Final Percent of
5    Adequacy. New State Funds are allocated to each of the 4
6    tiers as follows: Tier 1 Aggregate Funding equals 50% of
7    all New State Funds, Tier 2 Aggregate Funding equals 49%
8    of all New State Funds, Tier 3 Aggregate Funding equals
9    0.9% of all New State Funds, and Tier 4 Aggregate Funding
10    equals 0.1% of all New State Funds. Each Organizational
11    Unit within Tier 1 or Tier 2 receives an allocation of New
12    State Funds equal to its tier Funding Gap, as defined in
13    the following sentence, multiplied by the tier's
14    Allocation Rate determined pursuant to paragraph (4) of
15    this subsection (g). For Tier 1, an Organizational Unit's
16    Funding Gap equals the tier's Target Ratio, as specified
17    in paragraph (5) of this subsection (g), multiplied by the
18    Organizational Unit's Adequacy Target, with the resulting
19    amount reduced by the Organizational Unit's Final
20    Resources. For Tier 2, an Organizational Unit's Funding
21    Gap equals the tier's Target Ratio, as described in
22    paragraph (5) of this subsection (g), multiplied by the
23    Organizational Unit's Adequacy Target, with the resulting
24    amount reduced by the Organizational Unit's Final
25    Resources and its Tier 1 funding allocation. To determine
26    the Organizational Unit's Funding Gap, the resulting

 

 

HB4844 Engrossed- 918 -LRB103 39009 AMC 69146 b

1    amount is then multiplied by a factor equal to one minus
2    the Organizational Unit's Local Capacity Target
3    percentage. Each Organizational Unit within Tier 3 or Tier
4    4 receives an allocation of New State Funds equal to the
5    product of its Adequacy Target and the tier's Allocation
6    Rate, as specified in paragraph (4) of this subsection
7    (g).
8        (2) To ensure equitable distribution of dollars for
9    all Tier 2 Organizational Units, no Tier 2 Organizational
10    Unit shall receive fewer dollars per ASE than any Tier 3
11    Organizational Unit. Each Tier 2 and Tier 3 Organizational
12    Unit shall have its funding allocation divided by its ASE.
13    Any Tier 2 Organizational Unit with a funding allocation
14    per ASE below the greatest Tier 3 allocation per ASE shall
15    get a funding allocation equal to the greatest Tier 3
16    funding allocation per ASE multiplied by the
17    Organizational Unit's ASE. Each Tier 2 Organizational
18    Unit's Tier 2 funding allocation shall be multiplied by
19    the percentage calculated by dividing the original Tier 2
20    Aggregate Funding by the sum of all Tier 2 Organizational
21    Units' Tier 2 funding allocation after adjusting
22    districts' funding below Tier 3 levels.
23        (3) Organizational Units are placed into one of 4
24    tiers as follows:
25            (A) Tier 1 consists of all Organizational Units,
26        except for Specially Funded Units, with a Percent of

 

 

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1        Adequacy less than the Tier 1 Target Ratio. The Tier 1
2        Target Ratio is the ratio level that allows for Tier 1
3        Aggregate Funding to be distributed, with the Tier 1
4        Allocation Rate determined pursuant to paragraph (4)
5        of this subsection (g).
6            (B) Tier 2 consists of all Tier 1 Units and all
7        other Organizational Units, except for Specially
8        Funded Units, with a Percent of Adequacy of less than
9        0.90.
10            (C) Tier 3 consists of all Organizational Units,
11        except for Specially Funded Units, with a Percent of
12        Adequacy of at least 0.90 and less than 1.0.
13            (D) Tier 4 consists of all Organizational Units
14        with a Percent of Adequacy of at least 1.0.
15        (4) The Allocation Rates for Tiers 1 through 4 are
16    determined as follows:
17            (A) The Tier 1 Allocation Rate is 30%.
18            (B) The Tier 2 Allocation Rate is the result of the
19        following equation: Tier 2 Aggregate Funding, divided
20        by the sum of the Funding Gaps for all Tier 2
21        Organizational Units, unless the result of such
22        equation is higher than 1.0. If the result of such
23        equation is higher than 1.0, then the Tier 2
24        Allocation Rate is 1.0.
25            (C) The Tier 3 Allocation Rate is the result of the
26        following equation: Tier 3 Aggregate Funding, divided

 

 

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1        by the sum of the Adequacy Targets of all Tier 3
2        Organizational Units.
3            (D) The Tier 4 Allocation Rate is the result of the
4        following equation: Tier 4 Aggregate Funding, divided
5        by the sum of the Adequacy Targets of all Tier 4
6        Organizational Units.
7        (5) A tier's Target Ratio is determined as follows:
8            (A) The Tier 1 Target Ratio is the ratio level that
9        allows for Tier 1 Aggregate Funding to be distributed
10        with the Tier 1 Allocation Rate.
11            (B) The Tier 2 Target Ratio is 0.90.
12            (C) The Tier 3 Target Ratio is 1.0.
13        (6) If, at any point, the Tier 1 Target Ratio is
14    greater than 90%, then all Tier 1 funding shall be
15    allocated to Tier 2 and no Tier 1 Organizational Unit's
16    funding may be identified.
17        (7) In the event that all Tier 2 Organizational Units
18    receive funding at the Tier 2 Target Ratio level, any
19    remaining New State Funds shall be allocated to Tier 3 and
20    Tier 4 Organizational Units.
21        (8) If any Specially Funded Units, excluding Glenwood
22    Academy, recognized by the State Board do not qualify for
23    direct funding following the implementation of Public Act
24    100-465 from any of the funding sources included within
25    the definition of Base Funding Minimum, the unqualified
26    portion of the Base Funding Minimum shall be transferred

 

 

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1    to one or more appropriate Organizational Units as
2    determined by the State Superintendent based on the prior
3    year ASE of the Organizational Units.
4        (8.5) If a school district withdraws from a special
5    education cooperative, the portion of the Base Funding
6    Minimum that is attributable to the school district may be
7    redistributed to the school district upon withdrawal. The
8    school district and the cooperative must include the
9    amount of the Base Funding Minimum that is to be
10    reapportioned in their withdrawal agreement and notify the
11    State Board of the change with a copy of the agreement upon
12    withdrawal.
13        (9) The Minimum Funding Level is intended to establish
14    a target for State funding that will keep pace with
15    inflation and continue to advance equity through the
16    Evidence-Based Funding formula. The target for State
17    funding of New Property Tax Relief Pool Funds is
18    $50,000,000 for State fiscal year 2019 and subsequent
19    State fiscal years. The Minimum Funding Level is equal to
20    $350,000,000. In addition to any New State Funds, no more
21    than $50,000,000 New Property Tax Relief Pool Funds may be
22    counted toward the Minimum Funding Level. If the sum of
23    New State Funds and applicable New Property Tax Relief
24    Pool Funds are less than the Minimum Funding Level, than
25    funding for tiers shall be reduced in the following
26    manner:

 

 

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1            (A) First, Tier 4 funding shall be reduced by an
2        amount equal to the difference between the Minimum
3        Funding Level and New State Funds until such time as
4        Tier 4 funding is exhausted.
5            (B) Next, Tier 3 funding shall be reduced by an
6        amount equal to the difference between the Minimum
7        Funding Level and New State Funds and the reduction in
8        Tier 4 funding until such time as Tier 3 funding is
9        exhausted.
10            (C) Next, Tier 2 funding shall be reduced by an
11        amount equal to the difference between the Minimum
12        Funding Level and New State Funds and the reduction in
13        Tier 4 and Tier 3.
14            (D) Finally, Tier 1 funding shall be reduced by an
15        amount equal to the difference between the Minimum
16        Funding level and New State Funds and the reduction in
17        Tier 2, 3, and 4 funding. In addition, the Allocation
18        Rate for Tier 1 shall be reduced to a percentage equal
19        to the Tier 1 Allocation Rate set by paragraph (4) of
20        this subsection (g), multiplied by the result of New
21        State Funds divided by the Minimum Funding Level.
22        (9.5) For State fiscal year 2019 and subsequent State
23    fiscal years, if New State Funds exceed $300,000,000, then
24    any amount in excess of $300,000,000 shall be dedicated
25    for purposes of Section 2-3.170 of this Code up to a
26    maximum of $50,000,000.

 

 

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1        (10) In the event of a decrease in the amount of the
2    appropriation for this Section in any fiscal year after
3    implementation of this Section, the Organizational Units
4    receiving Tier 1 and Tier 2 funding, as determined under
5    paragraph (3) of this subsection (g), shall be held
6    harmless by establishing a Base Funding Guarantee equal to
7    the per pupil kindergarten through grade 12 funding
8    received in accordance with this Section in the prior
9    fiscal year. Reductions shall be made to the Base Funding
10    Minimum of Organizational Units in Tier 3 and Tier 4 on a
11    per pupil basis equivalent to the total number of the ASE
12    in Tier 3-funded and Tier 4-funded Organizational Units
13    divided by the total reduction in State funding. The Base
14    Funding Minimum as reduced shall continue to be applied to
15    Tier 3 and Tier 4 Organizational Units and adjusted by the
16    relative formula when increases in appropriations for this
17    Section resume. In no event may State funding reductions
18    to Organizational Units in Tier 3 or Tier 4 exceed an
19    amount that would be less than the Base Funding Minimum
20    established in the first year of implementation of this
21    Section. If additional reductions are required, all school
22    districts shall receive a reduction by a per pupil amount
23    equal to the aggregate additional appropriation reduction
24    divided by the total ASE of all Organizational Units.
25        (11) The State Superintendent shall make minor
26    adjustments to the distribution formula set forth in this

 

 

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1    subsection (g) to account for the rounding of percentages
2    to the nearest tenth of a percentage and dollar amounts to
3    the nearest whole dollar.
4    (h) State Superintendent administration of funding and
5district submission requirements.
6        (1) The State Superintendent shall, in accordance with
7    appropriations made by the General Assembly, meet the
8    funding obligations created under this Section.
9        (2) The State Superintendent shall calculate the
10    Adequacy Target for each Organizational Unit under this
11    Section. No Evidence-Based Funding shall be distributed
12    within an Organizational Unit without the approval of the
13    unit's school board.
14        (3) Annually, the State Superintendent shall calculate
15    and report to each Organizational Unit the unit's
16    aggregate financial adequacy amount, which shall be the
17    sum of the Adequacy Target for each Organizational Unit.
18    The State Superintendent shall calculate and report
19    separately for each Organizational Unit the unit's total
20    State funds allocated for its students with disabilities.
21    The State Superintendent shall calculate and report
22    separately for each Organizational Unit the amount of
23    funding and applicable FTE calculated for each Essential
24    Element of the unit's Adequacy Target.
25        (4) Annually, the State Superintendent shall calculate
26    and report to each Organizational Unit the amount the unit

 

 

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1    must expend on special education and bilingual education
2    and computer technology and equipment for Organizational
3    Units assigned to Tier 1 or Tier 2 that received an
4    additional $285.50 per student computer technology and
5    equipment investment grant to their Adequacy Target
6    pursuant to the unit's Base Funding Minimum, Special
7    Education Allocation, Bilingual Education Allocation, and
8    computer technology and equipment investment allocation.
9        (5) Moneys distributed under this Section shall be
10    calculated on a school year basis, but paid on a fiscal
11    year basis, with payments beginning in August and
12    extending through June. Unless otherwise provided, the
13    moneys appropriated for each fiscal year shall be
14    distributed in 22 equal payments at least 2 times monthly
15    to each Organizational Unit. If moneys appropriated for
16    any fiscal year are distributed other than monthly, the
17    distribution shall be on the same basis for each
18    Organizational Unit.
19        (6) Any school district that fails, for any given
20    school year, to maintain school as required by law or to
21    maintain a recognized school is not eligible to receive
22    Evidence-Based Funding. In case of non-recognition of one
23    or more attendance centers in a school district otherwise
24    operating recognized schools, the claim of the district
25    shall be reduced in the proportion that the enrollment in
26    the attendance center or centers bears to the enrollment

 

 

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1    of the school district. "Recognized school" means any
2    public school that meets the standards for recognition by
3    the State Board. A school district or attendance center
4    not having recognition status at the end of a school term
5    is entitled to receive State aid payments due upon a legal
6    claim that was filed while it was recognized.
7        (7) School district claims filed under this Section
8    are subject to Sections 18-9 and 18-12 of this Code,
9    except as otherwise provided in this Section.
10        (8) Each fiscal year, the State Superintendent shall
11    calculate for each Organizational Unit an amount of its
12    Base Funding Minimum and Evidence-Based Funding that shall
13    be deemed attributable to the provision of special
14    educational facilities and services, as defined in Section
15    14-1.08 of this Code, in a manner that ensures compliance
16    with maintenance of State financial support requirements
17    under the federal Individuals with Disabilities Education
18    Act. An Organizational Unit must use such funds only for
19    the provision of special educational facilities and
20    services, as defined in Section 14-1.08 of this Code, and
21    must comply with any expenditure verification procedures
22    adopted by the State Board.
23        (9) All Organizational Units in this State must submit
24    annual spending plans, as part of the budget submission
25    process, no later than October 31 of each year to the State
26    Board. The spending plan shall describe how each

 

 

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1    Organizational Unit will utilize the Base Funding Minimum
2    and Evidence-Based Funding it receives from this State
3    under this Section with specific identification of the
4    intended utilization of Low-Income, English learner, and
5    special education resources. Additionally, the annual
6    spending plans of each Organizational Unit shall describe
7    how the Organizational Unit expects to achieve student
8    growth and how the Organizational Unit will achieve State
9    education goals, as defined by the State Board. The State
10    Superintendent may, from time to time, identify additional
11    requisites for Organizational Units to satisfy when
12    compiling the annual spending plans required under this
13    subsection (h). The format and scope of annual spending
14    plans shall be developed by the State Superintendent and
15    the State Board of Education. School districts that serve
16    students under Article 14C of this Code shall continue to
17    submit information as required under Section 14C-12 of
18    this Code.
19        (10) No later than January 1, 2018, the State
20    Superintendent shall develop a 5-year strategic plan for
21    all Organizational Units to help in planning for adequacy
22    funding under this Section. The State Superintendent shall
23    submit the plan to the Governor and the General Assembly,
24    as provided in Section 3.1 of the General Assembly
25    Organization Act. The plan shall include recommendations
26    for:

 

 

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1            (A) a framework for collaborative, professional,
2        innovative, and 21st century learning environments
3        using the Evidence-Based Funding model;
4            (B) ways to prepare and support this State's
5        educators for successful instructional careers;
6            (C) application and enhancement of the current
7        financial accountability measures, the approved State
8        plan to comply with the federal Every Student Succeeds
9        Act, and the Illinois Balanced Accountability Measures
10        in relation to student growth and elements of the
11        Evidence-Based Funding model; and
12            (D) implementation of an effective school adequacy
13        funding system based on projected and recommended
14        funding levels from the General Assembly.
15        (11) On an annual basis, the State Superintendent must
16    recalibrate all of the following per pupil elements of the
17    Adequacy Target and applied to the formulas, based on the
18    study of average expenses and as reported in the most
19    recent annual financial report:
20            (A) Gifted under subparagraph (M) of paragraph (2)
21        of subsection (b).
22            (B) Instructional materials under subparagraph (O)
23        of paragraph (2) of subsection (b).
24            (C) Assessment under subparagraph (P) of paragraph
25        (2) of subsection (b).
26            (D) Student activities under subparagraph (R) of

 

 

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1        paragraph (2) of subsection (b).
2            (E) Maintenance and operations under subparagraph
3        (S) of paragraph (2) of subsection (b).
4            (F) Central office under subparagraph (T) of
5        paragraph (2) of subsection (b).
6    (i) Professional Review Panel.
7        (1) A Professional Review Panel is created to study
8    and review topics related to the implementation and effect
9    of Evidence-Based Funding, as assigned by a joint
10    resolution or Public Act of the General Assembly or a
11    motion passed by the State Board of Education. The Panel
12    must provide recommendations to and serve the Governor,
13    the General Assembly, and the State Board. The State
14    Superintendent or his or her designee must serve as a
15    voting member and chairperson of the Panel. The State
16    Superintendent must appoint a vice chairperson from the
17    membership of the Panel. The Panel must advance
18    recommendations based on a three-fifths majority vote of
19    Panel members present and voting. A minority opinion may
20    also accompany any recommendation of the Panel. The Panel
21    shall be appointed by the State Superintendent, except as
22    otherwise provided in paragraph (2) of this subsection (i)
23    and include the following members:
24            (A) Two appointees that represent district
25        superintendents, recommended by a statewide
26        organization that represents district superintendents.

 

 

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1            (B) Two appointees that represent school boards,
2        recommended by a statewide organization that
3        represents school boards.
4            (C) Two appointees from districts that represent
5        school business officials, recommended by a statewide
6        organization that represents school business
7        officials.
8            (D) Two appointees that represent school
9        principals, recommended by a statewide organization
10        that represents school principals.
11            (E) Two appointees that represent teachers,
12        recommended by a statewide organization that
13        represents teachers.
14            (F) Two appointees that represent teachers,
15        recommended by another statewide organization that
16        represents teachers.
17            (G) Two appointees that represent regional
18        superintendents of schools, recommended by
19        organizations that represent regional superintendents.
20            (H) Two independent experts selected solely by the
21        State Superintendent.
22            (I) Two independent experts recommended by public
23        universities in this State.
24            (J) One member recommended by a statewide
25        organization that represents parents.
26            (K) Two representatives recommended by collective

 

 

HB4844 Engrossed- 931 -LRB103 39009 AMC 69146 b

1        impact organizations that represent major metropolitan
2        areas or geographic areas in Illinois.
3            (L) One member from a statewide organization
4        focused on research-based education policy to support
5        a school system that prepares all students for
6        college, a career, and democratic citizenship.
7            (M) One representative from a school district
8        organized under Article 34 of this Code.
9        The State Superintendent shall ensure that the
10    membership of the Panel includes representatives from
11    school districts and communities reflecting the
12    geographic, socio-economic, racial, and ethnic diversity
13    of this State. The State Superintendent shall additionally
14    ensure that the membership of the Panel includes
15    representatives with expertise in bilingual education and
16    special education. Staff from the State Board shall staff
17    the Panel.
18        (2) In addition to those Panel members appointed by
19    the State Superintendent, 4 members of the General
20    Assembly shall be appointed as follows: one member of the
21    House of Representatives appointed by the Speaker of the
22    House of Representatives, one member of the Senate
23    appointed by the President of the Senate, one member of
24    the House of Representatives appointed by the Minority
25    Leader of the House of Representatives, and one member of
26    the Senate appointed by the Minority Leader of the Senate.

 

 

HB4844 Engrossed- 932 -LRB103 39009 AMC 69146 b

1    There shall be one additional member appointed by the
2    Governor. All members appointed by legislative leaders or
3    the Governor shall be non-voting, ex officio members.
4        (3) The Panel must study topics at the direction of
5    the General Assembly or State Board of Education, as
6    provided under paragraph (1). The Panel may also study the
7    following topics at the direction of the chairperson:
8            (A) The format and scope of annual spending plans
9        referenced in paragraph (9) of subsection (h) of this
10        Section.
11            (B) The Comparable Wage Index under this Section.
12            (C) Maintenance and operations, including capital
13        maintenance and construction costs.
14            (D) "At-risk student" definition.
15            (E) Benefits.
16            (F) Technology.
17            (G) Local Capacity Target.
18            (H) Funding for Alternative Schools, Laboratory
19        Schools, safe schools, and alternative learning
20        opportunities programs.
21            (I) Funding for college and career acceleration
22        strategies.
23            (J) Special education investments.
24            (K) Early childhood investments, in collaboration
25        with the Illinois Early Learning Council.
26        (4) (Blank).

 

 

HB4844 Engrossed- 933 -LRB103 39009 AMC 69146 b

1        (5) Within 5 years after the implementation of this
2    Section, and every 5 years thereafter, the Panel shall
3    complete an evaluative study of the entire Evidence-Based
4    Funding model, including an assessment of whether or not
5    the formula is achieving State goals. The Panel shall
6    report to the State Board, the General Assembly, and the
7    Governor on the findings of the study.
8        (6) (Blank).
9        (7) To ensure that (i) the Adequacy Target calculation
10    under subsection (b) accurately reflects the needs of
11    students living in poverty or attending schools located in
12    areas of high poverty, (ii) racial equity within the
13    Evidence-Based Funding formula is explicitly explored and
14    advanced, and (iii) the funding goals of the formula
15    distribution system established under this Section are
16    sufficient to provide adequate funding for every student
17    and to fully fund every school in this State, the Panel
18    shall review the Essential Elements under paragraph (2) of
19    subsection (b). The Panel shall consider all of the
20    following in its review:
21            (A) The financial ability of school districts to
22        provide instruction in a foreign language to every
23        student and whether an additional Essential Element
24        should be added to the formula to ensure that every
25        student has access to instruction in a foreign
26        language.

 

 

HB4844 Engrossed- 934 -LRB103 39009 AMC 69146 b

1            (B) The adult-to-student ratio for each Essential
2        Element in which a ratio is identified. The Panel
3        shall consider whether the ratio accurately reflects
4        the staffing needed to support students living in
5        poverty or who have traumatic backgrounds.
6            (C) Changes to the Essential Elements that may be
7        required to better promote racial equity and eliminate
8        structural racism within schools.
9            (D) The impact of investing $350,000,000 in
10        additional funds each year under this Section and an
11        estimate of when the school system will become fully
12        funded under this level of appropriation.
13            (E) Provide an overview of alternative funding
14        structures that would enable the State to become fully
15        funded at an earlier date.
16            (F) The potential to increase efficiency and to
17        find cost savings within the school system to expedite
18        the journey to a fully funded system.
19            (G) The appropriate levels for reenrolling and
20        graduating high-risk high school students who have
21        been previously out of school. These outcomes shall
22        include enrollment, attendance, skill gains, credit
23        gains, graduation or promotion to the next grade
24        level, and the transition to college, training, or
25        employment, with an emphasis on progressively
26        increasing the overall attendance.

 

 

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1            (H) The evidence-based or research-based practices
2        that are shown to reduce the gaps and disparities
3        experienced by African American students in academic
4        achievement and educational performance, including
5        practices that have been shown to reduce disparities
6        in disciplinary rates, drop-out rates, graduation
7        rates, college matriculation rates, and college
8        completion rates.
9        On or before December 31, 2021, the Panel shall report
10    to the State Board, the General Assembly, and the Governor
11    on the findings of its review. This paragraph (7) is
12    inoperative on and after July 1, 2022.
13        (8) On or before April 1, 2024, the Panel must submit a
14    report to the General Assembly on annual adjustments to
15    Glenwood Academy's base-funding minimum in a similar
16    fashion to school districts under this Section.
17    (j) References. Beginning July 1, 2017, references in
18other laws to general State aid funds or calculations under
19Section 18-8.05 of this Code (now repealed) shall be deemed to
20be references to evidence-based model formula funds or
21calculations under this Section.
22(Source: P.A. 102-33, eff. 6-25-21; 102-197, eff. 7-30-21;
23102-558, eff. 8-20-21; 102-699, eff. 4-19-22; 102-782, eff.
241-1-23; 102-813, eff. 5-13-22; 102-894, eff. 5-20-22; 103-8,
25eff. 6-7-23; 103-154, eff. 6-30-23; 103-175, eff. 6-30-23;
26revised 8-30-23.)
 

 

 

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1    (105 ILCS 5/19-6)  (from Ch. 122, par. 19-6)
2    Sec. 19-6. Bond money to school treasurer; delivery
3treasurer - Delivery of bonds; record; payment bonds - Record -
4 Payment. All moneys borrowed under the authority of this
5Act, except money borrowed by school districts having a
6population of more than 500,000 inhabitants, shall be paid to
7the school treasurer of the district. The treasurer shall,
8before receiving any of the money, execute a bond with a surety
9company authorized to do business in this State, as surety,
10payable to the school board of the district in Class I county
11school units or township trustees in Class II county school
12units and conditioned upon the faithful discharge of his
13duties, except that the bond required of the school treasurer
14of a school district which is located in a Class II county
15school unit but which no longer is subject to the jurisdiction
16and authority of a township treasurer or trustees of schools
17of a township because the district has withdrawn from the
18jurisdiction and authority of the township treasurer and
19trustees of schools of the township or because those offices
20have been abolished as provided in subsection (b) or (c) of
21Section 5-1 shall be payable to the school board of such
22district and conditioned upon the faithful discharge of his
23duties. The bond shall be submitted for approval or rejection
24to the school board of the district or to the township trustees
25to which such bond is payable. The penalty of the bond or bonds

 

 

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1shall be an amount no less than 10% of the amount of such bond
2issue, whether individuals act as surety or whether the surety
3is given by a surety company authorized to transact business
4in this State. The bond shall be in substantially the same form
5as that required by Section 8-2 of this Act and when so given
6shall fully describe the bond issue which it specifically
7covers and shall remain in force until the funds of the bond
8issue are taken into account in determining the penalty amount
9for the surety bond required by Section 8-2 of this Code. Upon
10receiving such moneys the treasurer shall deliver the bonds
11issued therefor to the persons entitled to receive them, and
12shall credit the funds received to the district issuing the
13bonds. The treasurer shall record the amount received for each
14bond issued. When any bonds are paid the treasurer shall
15cancel them and shall enter, against the record of the bonds,
16the words, "paid and cancelled the .... day of ...., 1 ....,"
17filling the blanks with the day, month, and year corresponding
18to the date of payment.
19(Source: P.A. 103-49, eff. 6-9-23; revised 9-20-23.)
 
20    (105 ILCS 5/21B-30)
21    Sec. 21B-30. Educator testing.
22    (a) (Blank).
23    (b) The State Board of Education, in consultation with the
24State Educator Preparation and Licensure Board, shall design
25and implement a system of examinations, which shall be

 

 

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1required prior to the issuance of educator licenses. These
2examinations and indicators must be based on national and
3State professional teaching standards, as determined by the
4State Board of Education, in consultation with the State
5Educator Preparation and Licensure Board. The State Board of
6Education may adopt such rules as may be necessary to
7implement and administer this Section.
8    (c) (Blank).
9    (c-5) The State Board must adopt rules to implement a
10paraprofessional competency test. This test would allow an
11applicant seeking an Educator License with Stipulations with a
12paraprofessional educator endorsement to obtain the
13endorsement if he or she passes the test and meets the other
14requirements of subparagraph (J) of paragraph (2) of Section
1521B-20 other than the higher education requirements.
16    (d) All applicants seeking a State license shall be
17required to pass a test of content area knowledge for each area
18of endorsement for which there is an applicable test. There
19shall be no exception to this requirement. No candidate shall
20be allowed to student teach or serve as the teacher of record
21until he or she has passed the applicable content area test.
22    (d-5) The State Board shall consult with any applicable
23vendors within 90 days after July 28, 2023 (the effective date
24of Public Act 103-402) this amendatory Act of the 103rd
25General Assembly to develop a plan to transition the test of
26content area knowledge in the endorsement area of elementary

 

 

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1education, grades one through 6, by July 1, 2026 to a content
2area test that contains testing elements that cover
3bilingualism, biliteracy, oral language development,
4foundational literacy skills, and developmentally appropriate
5higher-order comprehension and on which a valid and reliable
6language and literacy subscore can be determined. The State
7Board shall base its rules concerning the passing subscore on
8the language and literacy portion of the test on the
9recommended cut-score determined in the formal
10standard-setting process. Candidates need not achieve a
11particular subscore in the area of language and literacy. The
12State Board shall aggregate and publish the number of
13candidates in each preparation program who take the test and
14the number who pass the language and literacy portion.
15    (e) (Blank).
16    (f) Beginning on August 4, 2023 (the effective date of
17Public Act 103-488) this amendatory Act of the 103rd General
18Assembly through August 31, 2025, no candidate completing a
19teacher preparation program in this State or candidate subject
20to Section 21B-35 of this Code is required to pass a teacher
21performance assessment. Except as otherwise provided in this
22Article, beginning on September 1, 2015 until August 4, 2023
23(the effective date of Public Act 103-488) this amendatory Act
24of the 103rd General Assembly and beginning again on September
251, 2025, all candidates completing teacher preparation
26programs in this State and all candidates subject to Section

 

 

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121B-35 of this Code are required to pass a teacher performance
2assessment approved by the State Board of Education, in
3consultation with the State Educator Preparation and Licensure
4Board. A candidate may not be required to submit test
5materials by video submission. Subject to appropriation, an
6individual who holds a Professional Educator License and is
7employed for a minimum of one school year by a school district
8designated as Tier 1 under Section 18-8.15 may, after
9application to the State Board, receive from the State Board a
10refund for any costs associated with completing the teacher
11performance assessment under this subsection.
12    (f-5) The Teacher Performance Assessment Task Force is
13created to evaluate potential performance-based and objective
14teacher performance assessment systems for implementation
15across all educator preparation programs in this State, with
16the intention of ensuring consistency across programs and
17supporting a thoughtful and well-rounded licensure system.
18Members appointed to the Task Force must reflect the racial,
19ethnic, and geographic diversity of this State. The Task Force
20shall consist of all of the following members:
21        (1) One member of the Senate, appointed by the
22    President of the Senate.
23        (2) One member of the Senate, appointed by the
24    Minority Leader of the Senate.
25        (3) One member of the House of Representatives,
26    appointed by the Speaker of the House of Representatives.

 

 

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1        (4) One member of the House of Representatives,
2    appointed by the Minority Leader of the House of
3    Representatives.
4        (5) One member who represents a statewide professional
5    teachers' organization, appointed by the State
6    Superintendent of Education.
7        (6) One member who represents a different statewide
8    professional teachers' organization, appointed by the
9    State Superintendent of Education.
10        (7) One member from a statewide organization
11    representing school principals, appointed by the State
12    Superintendent of Education.
13        (8) One member from a statewide organization
14    representing regional superintendents of schools,
15    appointed by the State Superintendent of Education.
16        (9) One member from a statewide organization
17    representing school administrators, appointed by the State
18    Superintendent of Education.
19        (10) One member representing a school district
20    organized under Article 34 of this Code, appointed by the
21    State Superintendent of Education.
22        (11) One member of an association representing rural
23    and small schools, appointed by the State Superintendent
24    of Education.
25        (12) One member representing a suburban school
26    district, appointed by the State Superintendent of

 

 

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1    Education.
2        (13) One member from a statewide organization
3    representing school districts in the southern suburbs of
4    the City of Chicago, appointed by the State Superintendent
5    of Education.
6        (14) One member from a statewide organization
7    representing large unit school districts, appointed by the
8    State Superintendent of Education.
9        (15) One member from a statewide organization
10    representing school districts in the collar counties of
11    the City of Chicago, appointed by the State Superintendent
12    of Education.
13        (16) Three members, each representing a different
14    public university in this State and each a current member
15    of the faculty of an approved educator preparation
16    program, appointed by the State Superintendent of
17    Education.
18        (17) Three members, each representing a different
19    4-year nonpublic university or college in this State and
20    each a current member of the faculty of an approved
21    educator preparation program, appointed by the State
22    Superintendent of Education.
23        (18) One member of the Board of Higher Education,
24    appointed by the State Superintendent of Education.
25        (19) One member representing a statewide policy
26    organization advocating on behalf of multilingual students

 

 

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1    and families, appointed by the State Superintendent of
2    Education.
3        (20) One member representing a statewide organization
4    focused on research-based education policy to support a
5    school system that prepares all students for college, a
6    career, and democratic citizenship, appointed by the State
7    Superintendent of Education.
8        (21) Two members representing an early childhood
9    advocacy organization, appointed by the State
10    Superintendent of Education.
11        (22) One member representing a statewide organization
12    that partners with educator preparation programs and
13    school districts to support the growth and development of
14    preservice teachers, appointed by the State Superintendent
15    of Education.
16        (23) One member representing a statewide organization
17    that advocates for educational equity and racial justice
18    in schools, appointed by the State Superintendent of
19    Education.
20        (24) One member representing a statewide organization
21    that represents school boards, appointed by the State
22    Superintendent of Education.
23        (25) One member who has, within the last 5 years,
24    served as a cooperating teacher, appointed by the State
25    Superintendent of Education.
26    Members of the Task Force shall serve without

 

 

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1compensation. The Task Force shall first meet at the call of
2the State Superintendent of Education, and each subsequent
3meeting shall be called by the chairperson of the Task Force,
4who shall be designated by the State Superintendent of
5Education. The State Board of Education shall provide
6administrative and other support to the Task Force.
7    On or before August 1, 2024, the Task Force shall report on
8its work, including recommendations on a teacher performance
9assessment system in this State, to the State Board of
10Education and the General Assembly. The Task Force is
11dissolved upon submission of this report.
12    (g) The content area knowledge test and the teacher
13performance assessment shall be the tests that from time to
14time are designated by the State Board of Education, in
15consultation with the State Educator Preparation and Licensure
16Board, and may be tests prepared by an educational testing
17organization or tests designed by the State Board of
18Education, in consultation with the State Educator Preparation
19and Licensure Board. The test of content area knowledge shall
20assess content knowledge in a specific subject field. The
21tests must be designed to be racially neutral to ensure that no
22person taking the tests is discriminated against on the basis
23of race, color, national origin, or other factors unrelated to
24the person's ability to perform as a licensed employee. The
25score required to pass the tests shall be fixed by the State
26Board of Education, in consultation with the State Educator

 

 

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1Preparation and Licensure Board. The tests shall be
2administered not fewer than 3 times a year at such time and
3place as may be designated by the State Board of Education, in
4consultation with the State Educator Preparation and Licensure
5Board.
6    The State Board shall implement a test or tests to assess
7the speaking, reading, writing, and grammar skills of
8applicants for an endorsement or a license issued under
9subdivision (G) of paragraph (2) of Section 21B-20 of this
10Code in the English language and in the language of the
11transitional bilingual education program requested by the
12applicant.
13    (h) Except as provided in Section 34-6 of this Code, the
14provisions of this Section shall apply equally in any school
15district subject to Article 34 of this Code.
16    (i) The rules developed to implement and enforce the
17testing requirements under this Section shall include, without
18limitation, provisions governing test selection, test
19validation, and determination of a passing score,
20administration of the tests, frequency of administration,
21applicant fees, frequency of applicants taking the tests, the
22years for which a score is valid, and appropriate special
23accommodations. The State Board of Education shall develop
24such rules as may be needed to ensure uniformity from year to
25year in the level of difficulty for each form of an assessment.
26(Source: P.A. 102-301, eff. 8-26-21; 103-402, eff. 7-28-23;

 

 

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1103-488, eff. 8-4-23; revised 9-1-23.)
 
2    (105 ILCS 5/21B-50)
3    Sec. 21B-50. Alternative Educator Licensure Program for
4Teachers.
5    (a) There is established an alternative educator licensure
6program, to be known as the Alternative Educator Licensure
7Program for Teachers.
8    (b) The Alternative Educator Licensure Program for
9Teachers may be offered by a recognized institution approved
10to offer educator preparation programs by the State Board of
11Education, in consultation with the State Educator Preparation
12and Licensure Board.
13    The program shall be comprised of up to 3 phases:
14        (1) A course of study that at a minimum includes
15    instructional planning; instructional strategies,
16    including special education, reading, and English language
17    learning; classroom management; and the assessment of
18    students and use of data to drive instruction.
19        (2) A year of residency, which is a candidate's
20    assignment to a full-time teaching position or as a
21    co-teacher for one full school year. An individual must
22    hold an Educator License with Stipulations with an
23    alternative provisional educator endorsement in order to
24    enter the residency. In residency, the candidate must: be
25    assigned an effective, fully licensed teacher by the

 

 

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1    principal or principal equivalent to act as a mentor and
2    coach the candidate through residency, complete additional
3    program requirements that address required State and
4    national standards, pass the State Board's teacher
5    performance assessment, if required under Section 21B-30,
6    and be recommended by the principal or qualified
7    equivalent of a principal, as required under subsection
8    (d) of this Section, and the program coordinator to be
9    recommended for full licensure or to continue with a
10    second year of the residency.
11        (3) (Blank).
12        (4) A comprehensive assessment of the candidate's
13    teaching effectiveness, as evaluated by the principal or
14    qualified equivalent of a principal, as required under
15    subsection (d) of this Section, and the program
16    coordinator, at the end of either the first or the second
17    year of residency. If there is disagreement between the 2
18    evaluators about the candidate's teaching effectiveness at
19    the end of the first year of residency, a second year of
20    residency shall be required. If there is disagreement
21    between the 2 evaluators at the end of the second year of
22    residency, the candidate may complete one additional year
23    of residency teaching under a professional development
24    plan developed by the principal or qualified equivalent
25    and the preparation program. At the completion of the
26    third year, a candidate must have positive evaluations and

 

 

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1    a recommendation for full licensure from both the
2    principal or qualified equivalent and the program
3    coordinator or no Professional Educator License shall be
4    issued.
5    Successful completion of the program shall be deemed to
6satisfy any other practice or student teaching and content
7matter requirements established by law.
8    (c) An alternative provisional educator endorsement on an
9Educator License with Stipulations is valid for up to 2 years
10of teaching in the public schools, including without
11limitation a preschool educational program under Section
122-3.71 of this Code or charter school, or in a
13State-recognized nonpublic school in which the chief
14administrator is required to have the licensure necessary to
15be a principal in a public school in this State and in which a
16majority of the teachers are required to have the licensure
17necessary to be instructors in a public school in this State,
18but may be renewed for a third year if needed to complete the
19Alternative Educator Licensure Program for Teachers. The
20endorsement shall be issued only once to an individual who
21meets all of the following requirements:
22        (1) Has graduated from a regionally accredited college
23    or university with a bachelor's degree or higher.
24        (2) (Blank).
25        (3) Has completed a major in the content area if
26    seeking a middle or secondary level endorsement or, if

 

 

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1    seeking an early childhood, elementary, or special
2    education endorsement, has completed a major in the
3    content area of early childhood reading, English/language
4    arts, mathematics, or one of the sciences. If the
5    individual does not have a major in a content area for any
6    level of teaching, he or she must submit transcripts to
7    the State Board of Education to be reviewed for
8    equivalency.
9        (4) Has successfully completed phase (1) of subsection
10    (b) of this Section.
11        (5) Has passed a content area test required for the
12    specific endorsement for admission into the program, as
13    required under Section 21B-30 of this Code.
14    A candidate possessing the alternative provisional
15educator endorsement may receive a salary, benefits, and any
16other terms of employment offered to teachers in the school
17who are members of an exclusive bargaining representative, if
18any, but a school is not required to provide these benefits
19during the years of residency if the candidate is serving only
20as a co-teacher. If the candidate is serving as the teacher of
21record, the candidate must receive a salary, benefits, and any
22other terms of employment. Residency experiences must not be
23counted towards tenure.
24    (d) The recognized institution offering the Alternative
25Educator Licensure Program for Teachers must partner with a
26school district, including without limitation a preschool

 

 

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1educational program under Section 2-3.71 of this Code or
2charter school, or a State-recognized, nonpublic school in
3this State in which the chief administrator is required to
4have the licensure necessary to be a principal in a public
5school in this State and in which a majority of the teachers
6are required to have the licensure necessary to be instructors
7in a public school in this State. A recognized institution
8that partners with a public school district administering a
9preschool educational program under Section 2-3.71 of this
10Code must require a principal to recommend or evaluate
11candidates in the program. A recognized institution that
12partners with an eligible entity administering a preschool
13educational program under Section 2-3.71 of this Code and that
14is not a public school district must require a principal or
15qualified equivalent of a principal to recommend or evaluate
16candidates in the program. The program presented for approval
17by the State Board of Education must demonstrate the supports
18that are to be provided to assist the provisional teacher
19during the one-year 1-year or 2-year residency period and if
20the residency period is to be less than 2 years in length,
21assurances from the partner school districts to provide
22intensive mentoring and supports through at least the end of
23the second full year of teaching for educators who completed
24the Alternative Educator Educators Licensure Program for
25Teachers in less than 2 years. These supports must, at a
26minimum, provide additional contact hours with mentors during

 

 

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1the first year of residency.
2    (e) Upon completion of phases under paragraphs (1), (2),
3(4), and, if needed, (3) in subsection (b) of this Section and
4all assessments required under Section 21B-30 of this Code, an
5individual shall receive a Professional Educator License.
6    (f) The State Board of Education, in consultation with the
7State Educator Preparation and Licensure Board, may adopt such
8rules as may be necessary to establish and implement the
9Alternative Educator Licensure Program for Teachers.
10(Source: P.A. 103-111, eff. 6-29-23; 103-488, eff. 8-4-23;
11revised 9-1-23.)
 
12    (105 ILCS 5/21B-70)
13    Sec. 21B-70. Illinois Teaching Excellence Program.
14    (a) As used in this Section:
15    "Diverse candidate" means a candidate who identifies with
16any of the ethnicities reported on the Illinois Report Card
17other than White.
18    "Hard-to-staff school" means a public school in which no
19less than 30% of the student enrollment is considered
20low-income as reported by the report card under Section 10-17a
21of this Code.
22    "National Board certified teacher candidate cohort
23facilitator" means a National Board certified teacher who
24collaborates to advance the goal of supporting all other
25candidate cohorts other than diverse candidate cohorts through

 

 

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1the Illinois National Board for Professional Teaching
2Standards Comprehensive Support System.
3    "National Board certified teacher diverse candidate cohort
4facilitator" means a National Board certified teacher who
5collaborates to advance the goal of supporting racially and
6ethnically diverse candidates through the Illinois National
7Board for Professional Teaching Standards Comprehensive
8Support System.
9    "National Board certified teacher diverse liaison" means
10an individual or entity that supports the National Board
11certified teacher leading a diverse candidate cohort.
12    "National Board certified teacher liaison" means an
13individual or entity that supports the National Board
14certified teacher leading candidate cohorts other than diverse
15candidate cohorts.
16    "National Board certified teacher rural or remote or
17distant candidate cohort facilitator" means a National Board
18certified teacher who collaborates to advance the goal of
19supporting rural or remote candidates through the Illinois
20National Board for Professional Teaching Standards
21Comprehensive Support System.
22    "National Board certified teacher rural or remote or
23distant liaison" means an individual or entity that supports
24the National Board certified teacher leading a rural or remote
25candidate cohort.
26    "Qualified educator" means a teacher or school counselor

 

 

HB4844 Engrossed- 953 -LRB103 39009 AMC 69146 b

1currently employed in a school district who is in the process
2of obtaining certification through the National Board for
3Professional Teaching Standards or who has completed
4certification and holds a current Professional Educator
5License with a National Board for Professional Teaching
6Standards designation or a retired teacher or school counselor
7who holds a Professional Educator License with a National
8Board for Professional Teaching Standards designation.
9    "Rural or remote" or "rural or remote or distant" means
10local codes 32, 33, 41, 42, and 43 of the New Urban-Centric
11Locale Codes, as defined by the National Center for Education
12Statistics.
13    "Tier 1" has the meaning given to that term under Section
1418-8.15.
15    "Tier 2" has the meaning given to that term under Section
1618-8.15.
17    (b) Any funds appropriated for the Illinois Teaching
18Excellence Program must be used to provide monetary assistance
19and incentives for qualified educators who are employed by or
20retired from school districts and who have or are in the
21process of obtaining licensure through the National Board for
22Professional Teaching Standards. The goal of the program is to
23improve instruction and student performance.
24    The State Board of Education shall allocate an amount as
25annually appropriated by the General Assembly for the Illinois
26Teaching Excellence Program for (i) application or re-take

 

 

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1fees for each qualified educator seeking to complete
2certification through the National Board for Professional
3Teaching Standards, to be paid directly to the National Board
4for Professional Teaching Standards, and (ii) incentives under
5paragraphs (1), (2), and (3) of subsection (c) for each
6qualified educator, to be distributed to the respective school
7district, and incentives under paragraph (5) of subsection
8(c), to be distributed to the respective school district or
9directly to the qualified educator. The school district shall
10distribute this payment to each eligible teacher or school
11counselor as a single payment.
12    The State Board of Education's annual budget must set out
13by separate line item the appropriation for the program.
14Unless otherwise provided by appropriation, qualified
15educators are eligible for monetary assistance and incentives
16outlined in subsections (c) and (d) of this Section.
17    (c) When there are adequate funds available, monetary
18assistance and incentives shall include the following:
19        (1) A maximum of $2,000 toward towards the application
20    or re-take fee for teachers or school counselors in a Tier
21    1 school district who apply on a first-come, first-serve
22    basis for National Board certification.
23        (2) A maximum of $2,000 toward towards the application
24    or re-take fee for teachers or school counselors in a
25    school district other than a Tier 1 school district who
26    apply on a first-come, first-serve basis for National

 

 

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1    Board certification.
2        (3) A maximum of $1,000 toward towards the National
3    Board for Professional Teaching Standards' renewal
4    application fee.
5        (4) (Blank).
6        (5) An annual incentive of no more than $2,250
7    prorated at $50 per hour, which shall be paid to each
8    qualified educator currently employed in a school district
9    who holds both a National Board for Professional Teaching
10    Standards designation and a current corresponding
11    certificate issued by the National Board for Professional
12    Teaching Standards and who agrees, in writing, to provide
13    up to 45 hours of mentoring or National Board for
14    Professional Teaching Standards professional development
15    or both during the school year to classroom teachers or
16    school counselors, as applicable. Funds must be disbursed
17    on a first-come, first-serve basis, with priority given to
18    Tier 1 school districts. Mentoring shall include, either
19    singly or in combination, the following:
20            (A) National Board for Professional Teaching
21        Standards certification candidates.
22            (B) National Board for Professional Teaching
23        Standards re-take candidates.
24            (C) National Board for Professional Teaching
25        Standards renewal candidates.
26            (D) (Blank).

 

 

HB4844 Engrossed- 956 -LRB103 39009 AMC 69146 b

1    Funds may also be used for professional development
2training provided by the National Board Resource Center.
3    Funds may also be used for instructional leadership
4training for qualified educators interested in supporting
5implementation of the Illinois Learning Standards or teaching
6and learning priorities of the State Board of Education or
7both.
8    (d) In addition to the monetary assistance and incentives
9provided under subsection (c), if adequate funds are
10available, incentives shall include the following incentives
11for the program in rural or remote schools or school districts
12or for programs working with diverse candidates or for
13retention bonuses for hard-to-staff hard to staff schools, to
14be distributed to the respective school district or directly
15to the qualified educator or entity:
16        (1) A one-time incentive of $3,000 payable to National
17    Board certified teachers teaching in Tier 1 or Tier 2
18    rural or remote school districts or rural or remote
19    schools in Tier 1 or Tier 2 school districts, with
20    priority given to teachers teaching in Tier 1 rural or
21    remote school districts or rural or remote schools in Tier
22    1 school districts.
23        (2) An annual incentive of $3,200 for National Board
24    certified teacher rural or remote or distant candidate
25    cohort facilitators, diverse candidate cohort
26    facilitators, and candidate cohort facilitators. Priority

 

 

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1    shall be given to rural or remote candidate cohort
2    facilitators and diverse candidate cohort facilitators.
3        (3) An annual incentive of $2,500 for National Board
4    certified teacher rural or remote or distant liaisons,
5    diverse liaisons, and liaisons. Priority shall be given to
6    rural or remote liaisons and diverse liaisons.
7        (4) An annual retention bonus of $4,000 per year for 2
8    consecutive years shall be awarded to National Board
9    certified teachers employed in hard-to-staff schools.
10    Funds must be disbursed on a first-come, first-served
11    basis.
12(Source: P.A. 103-122, eff. 6-30-23; 103-207, eff. 1-1-24;
13revised 12-12-23.)
 
14    (105 ILCS 5/22-30)
15    (Text of Section before amendment by P.A. 103-542)
16    Sec. 22-30. Self-administration and self-carry of asthma
17medication and epinephrine injectors; administration of
18undesignated epinephrine injectors; administration of an
19opioid antagonist; administration of undesignated asthma
20medication; supply of undesignated oxygen tanks; asthma
21episode emergency response protocol.
22    (a) For the purpose of this Section only, the following
23terms shall have the meanings set forth below:
24    "Asthma action plan" means a written plan developed with a
25pupil's medical provider to help control the pupil's asthma.

 

 

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1The goal of an asthma action plan is to reduce or prevent
2flare-ups and emergency department visits through day-to-day
3management and to serve as a student-specific document to be
4referenced in the event of an asthma episode.
5    "Asthma episode emergency response protocol" means a
6procedure to provide assistance to a pupil experiencing
7symptoms of wheezing, coughing, shortness of breath, chest
8tightness, or breathing difficulty.
9    "Epinephrine injector" includes an auto-injector approved
10by the United States Food and Drug Administration for the
11administration of epinephrine and a pre-filled syringe
12approved by the United States Food and Drug Administration and
13used for the administration of epinephrine that contains a
14pre-measured dose of epinephrine that is equivalent to the
15dosages used in an auto-injector.
16    "Asthma medication" means quick-relief asthma medication,
17including albuterol or other short-acting bronchodilators,
18that is approved by the United States Food and Drug
19Administration for the treatment of respiratory distress.
20"Asthma medication" includes medication delivered through a
21device, including a metered dose inhaler with a reusable or
22disposable spacer or a nebulizer with a mouthpiece or mask.
23    "Opioid antagonist" means a drug that binds to opioid
24receptors and blocks or inhibits the effect of opioids acting
25on those receptors, including, but not limited to, naloxone
26hydrochloride or any other similarly acting drug approved by

 

 

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1the U.S. Food and Drug Administration.
2    "Respiratory distress" means the perceived or actual
3presence of wheezing, coughing, shortness of breath, chest
4tightness, breathing difficulty, or any other symptoms
5consistent with asthma. Respiratory distress may be
6categorized as "mild-to-moderate" or "severe".
7    "School nurse" means a registered nurse working in a
8school with or without licensure endorsed in school nursing.
9    "Self-administration" means a pupil's discretionary use of
10his or her prescribed asthma medication or epinephrine
11injector.
12    "Self-carry" means a pupil's ability to carry his or her
13prescribed asthma medication or epinephrine injector.
14    "Standing protocol" may be issued by (i) a physician
15licensed to practice medicine in all its branches, (ii) a
16licensed physician assistant with prescriptive authority, or
17(iii) a licensed advanced practice registered nurse with
18prescriptive authority.
19    "Trained personnel" means any school employee or volunteer
20personnel authorized in Sections 10-22.34, 10-22.34a, and
2110-22.34b of this Code who has completed training under
22subsection (g) of this Section to recognize and respond to
23anaphylaxis, an opioid overdose, or respiratory distress.
24    "Undesignated asthma medication" means asthma medication
25prescribed in the name of a school district, public school,
26charter school, or nonpublic school.

 

 

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1    "Undesignated epinephrine injector" means an epinephrine
2injector prescribed in the name of a school district, public
3school, charter school, or nonpublic school.
4    (b) A school, whether public, charter, or nonpublic, must
5permit the self-administration and self-carry of asthma
6medication by a pupil with asthma or the self-administration
7and self-carry of an epinephrine injector by a pupil, provided
8that:
9        (1) the parents or guardians of the pupil provide to
10    the school (i) written authorization from the parents or
11    guardians for (A) the self-administration and self-carry
12    of asthma medication or (B) the self-carry of asthma
13    medication or (ii) for (A) the self-administration and
14    self-carry of an epinephrine injector or (B) the
15    self-carry of an epinephrine injector, written
16    authorization from the pupil's physician, physician
17    assistant, or advanced practice registered nurse; and
18        (2) the parents or guardians of the pupil provide to
19    the school (i) the prescription label, which must contain
20    the name of the asthma medication, the prescribed dosage,
21    and the time at which or circumstances under which the
22    asthma medication is to be administered, or (ii) for the
23    self-administration or self-carry of an epinephrine
24    injector, a written statement from the pupil's physician,
25    physician assistant, or advanced practice registered nurse
26    containing the following information:

 

 

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1            (A) the name and purpose of the epinephrine
2        injector;
3            (B) the prescribed dosage; and
4            (C) the time or times at which or the special
5        circumstances under which the epinephrine injector is
6        to be administered.
7The information provided shall be kept on file in the office of
8the school nurse or, in the absence of a school nurse, the
9school's administrator.
10    (b-5) A school district, public school, charter school, or
11nonpublic school may authorize the provision of a
12student-specific or undesignated epinephrine injector to a
13student or any personnel authorized under a student's
14Individual Health Care Action Plan, allergy emergency action
15plan, or plan pursuant to Section 504 of the federal
16Rehabilitation Act of 1973 to administer an epinephrine
17injector to the student, that meets the student's prescription
18on file.
19    (b-10) The school district, public school, charter school,
20or nonpublic school may authorize a school nurse or trained
21personnel to do the following: (i) provide an undesignated
22epinephrine injector to a student for self-administration only
23or any personnel authorized under a student's Individual
24Health Care Action Plan, allergy emergency action plan, plan
25pursuant to Section 504 of the federal Rehabilitation Act of
261973, or individualized education program plan to administer

 

 

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1to the student that meets the student's prescription on file;
2(ii) administer an undesignated epinephrine injector that
3meets the prescription on file to any student who has an
4Individual Health Care Action Plan, allergy emergency action
5plan, plan pursuant to Section 504 of the federal
6Rehabilitation Act of 1973, or individualized education
7program plan that authorizes the use of an epinephrine
8injector; (iii) administer an undesignated epinephrine
9injector to any person that the school nurse or trained
10personnel in good faith believes is having an anaphylactic
11reaction; (iv) administer an opioid antagonist to any person
12that the school nurse or trained personnel in good faith
13believes is having an opioid overdose; (v) provide
14undesignated asthma medication to a student for
15self-administration only or to any personnel authorized under
16a student's Individual Health Care Action Plan or asthma
17action plan, plan pursuant to Section 504 of the federal
18Rehabilitation Act of 1973, or individualized education
19program plan to administer to the student that meets the
20student's prescription on file; (vi) administer undesignated
21asthma medication that meets the prescription on file to any
22student who has an Individual Health Care Action Plan or
23asthma action plan, plan pursuant to Section 504 of the
24federal Rehabilitation Act of 1973, or individualized
25education program plan that authorizes the use of asthma
26medication; and (vii) administer undesignated asthma

 

 

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1medication to any person that the school nurse or trained
2personnel believes in good faith is having respiratory
3distress.
4    (c) The school district, public school, charter school, or
5nonpublic school must inform the parents or guardians of the
6pupil, in writing, that the school district, public school,
7charter school, or nonpublic school and its employees and
8agents, including a physician, physician assistant, or
9advanced practice registered nurse providing standing protocol
10and a prescription for school epinephrine injectors, an opioid
11antagonist, or undesignated asthma medication, are to incur no
12liability or professional discipline, except for willful and
13wanton conduct, as a result of any injury arising from the
14administration of asthma medication, an epinephrine injector,
15or an opioid antagonist regardless of whether authorization
16was given by the pupil's parents or guardians or by the pupil's
17physician, physician assistant, or advanced practice
18registered nurse. The parents or guardians of the pupil must
19sign a statement acknowledging that the school district,
20public school, charter school, or nonpublic school and its
21employees and agents are to incur no liability, except for
22willful and wanton conduct, as a result of any injury arising
23from the administration of asthma medication, an epinephrine
24injector, or an opioid antagonist regardless of whether
25authorization was given by the pupil's parents or guardians or
26by the pupil's physician, physician assistant, or advanced

 

 

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1practice registered nurse and that the parents or guardians
2must indemnify and hold harmless the school district, public
3school, charter school, or nonpublic school and its employees
4and agents against any claims, except a claim based on willful
5and wanton conduct, arising out of the administration of
6asthma medication, an epinephrine injector, or an opioid
7antagonist regardless of whether authorization was given by
8the pupil's parents or guardians or by the pupil's physician,
9physician assistant, or advanced practice registered nurse.
10    (c-5) When a school nurse or trained personnel administers
11an undesignated epinephrine injector to a person whom the
12school nurse or trained personnel in good faith believes is
13having an anaphylactic reaction, administers an opioid
14antagonist to a person whom the school nurse or trained
15personnel in good faith believes is having an opioid overdose,
16or administers undesignated asthma medication to a person whom
17the school nurse or trained personnel in good faith believes
18is having respiratory distress, notwithstanding the lack of
19notice to the parents or guardians of the pupil or the absence
20of the parents or guardians signed statement acknowledging no
21liability, except for willful and wanton conduct, the school
22district, public school, charter school, or nonpublic school
23and its employees and agents, and a physician, a physician
24assistant, or an advanced practice registered nurse providing
25standing protocol and a prescription for undesignated
26epinephrine injectors, an opioid antagonist, or undesignated

 

 

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1asthma medication, are to incur no liability or professional
2discipline, except for willful and wanton conduct, as a result
3of any injury arising from the use of an undesignated
4epinephrine injector, the use of an opioid antagonist, or the
5use of undesignated asthma medication, regardless of whether
6authorization was given by the pupil's parents or guardians or
7by the pupil's physician, physician assistant, or advanced
8practice registered nurse.
9    (d) The permission for self-administration and self-carry
10of asthma medication or the self-administration and self-carry
11of an epinephrine injector is effective for the school year
12for which it is granted and shall be renewed each subsequent
13school year upon fulfillment of the requirements of this
14Section.
15    (e) Provided that the requirements of this Section are
16fulfilled, a pupil with asthma may self-administer and
17self-carry his or her asthma medication or a pupil may
18self-administer and self-carry an epinephrine injector (i)
19while in school, (ii) while at a school-sponsored activity,
20(iii) while under the supervision of school personnel, or (iv)
21before or after normal school activities, such as while in
22before-school or after-school care on school-operated property
23or while being transported on a school bus.
24    (e-5) Provided that the requirements of this Section are
25fulfilled, a school nurse or trained personnel may administer
26an undesignated epinephrine injector to any person whom the

 

 

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1school nurse or trained personnel in good faith believes to be
2having an anaphylactic reaction (i) while in school, (ii)
3while at a school-sponsored activity, (iii) while under the
4supervision of school personnel, or (iv) before or after
5normal school activities, such as while in before-school or
6after-school care on school-operated property or while being
7transported on a school bus. A school nurse or trained
8personnel may carry undesignated epinephrine injectors on his
9or her person while in school or at a school-sponsored
10activity.
11    (e-10) Provided that the requirements of this Section are
12fulfilled, a school nurse or trained personnel may administer
13an opioid antagonist to any person whom the school nurse or
14trained personnel in good faith believes to be having an
15opioid overdose (i) while in school, (ii) while at a
16school-sponsored activity, (iii) while under the supervision
17of school personnel, or (iv) before or after normal school
18activities, such as while in before-school or after-school
19care on school-operated property. A school nurse or trained
20personnel may carry an opioid antagonist on his or her person
21while in school or at a school-sponsored activity.
22    (e-15) If the requirements of this Section are met, a
23school nurse or trained personnel may administer undesignated
24asthma medication to any person whom the school nurse or
25trained personnel in good faith believes to be experiencing
26respiratory distress (i) while in school, (ii) while at a

 

 

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1school-sponsored activity, (iii) while under the supervision
2of school personnel, or (iv) before or after normal school
3activities, including before-school or after-school care on
4school-operated property. A school nurse or trained personnel
5may carry undesignated asthma medication on his or her person
6while in school or at a school-sponsored activity.
7    (f) The school district, public school, charter school, or
8nonpublic school may maintain a supply of undesignated
9epinephrine injectors in any secure location that is
10accessible before, during, and after school where an allergic
11person is most at risk, including, but not limited to,
12classrooms and lunchrooms. A physician, a physician assistant
13who has prescriptive authority in accordance with Section 7.5
14of the Physician Assistant Practice Act of 1987, or an
15advanced practice registered nurse who has prescriptive
16authority in accordance with Section 65-40 of the Nurse
17Practice Act may prescribe undesignated epinephrine injectors
18in the name of the school district, public school, charter
19school, or nonpublic school to be maintained for use when
20necessary. Any supply of epinephrine injectors shall be
21maintained in accordance with the manufacturer's instructions.
22    The school district, public school, charter school, or
23nonpublic school shall maintain a supply of an opioid
24antagonist in any secure location where an individual may have
25an opioid overdose, unless there is a shortage of opioid
26antagonists, in which case the school district, public school,

 

 

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1charter school, or nonpublic school shall make a reasonable
2effort to maintain a supply of an opioid antagonist. Unless
3the school district, public school, charter school, or
4nonpublic school is able to obtain opioid antagonists without
5a prescription, a health care professional who has been
6delegated prescriptive authority for opioid antagonists in
7accordance with Section 5-23 of the Substance Use Disorder Act
8shall prescribe opioid antagonists in the name of the school
9district, public school, charter school, or nonpublic school,
10to be maintained for use when necessary. Any supply of opioid
11antagonists shall be maintained in accordance with the
12manufacturer's instructions.
13    The school district, public school, charter school, or
14nonpublic school may maintain a supply of asthma medication in
15any secure location that is accessible before, during, or
16after school where a person is most at risk, including, but not
17limited to, a classroom or the nurse's office. A physician, a
18physician assistant who has prescriptive authority under
19Section 7.5 of the Physician Assistant Practice Act of 1987,
20or an advanced practice registered nurse who has prescriptive
21authority under Section 65-40 of the Nurse Practice Act may
22prescribe undesignated asthma medication in the name of the
23school district, public school, charter school, or nonpublic
24school to be maintained for use when necessary. Any supply of
25undesignated asthma medication must be maintained in
26accordance with the manufacturer's instructions.

 

 

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1    A school district that provides special educational
2facilities for children with disabilities under Section
314-4.01 of this Code may maintain a supply of undesignated
4oxygen tanks in any secure location that is accessible before,
5during, and after school where a person with developmental
6disabilities is most at risk, including, but not limited to,
7classrooms and lunchrooms. A physician, a physician assistant
8who has prescriptive authority in accordance with Section 7.5
9of the Physician Assistant Practice Act of 1987, or an
10advanced practice registered nurse who has prescriptive
11authority in accordance with Section 65-40 of the Nurse
12Practice Act may prescribe undesignated oxygen tanks in the
13name of the school district that provides special educational
14facilities for children with disabilities under Section
1514-4.01 of this Code to be maintained for use when necessary.
16Any supply of oxygen tanks shall be maintained in accordance
17with the manufacturer's instructions and with the local fire
18department's rules.
19    (f-3) Whichever entity initiates the process of obtaining
20undesignated epinephrine injectors and providing training to
21personnel for carrying and administering undesignated
22epinephrine injectors shall pay for the costs of the
23undesignated epinephrine injectors.
24    (f-5) Upon any administration of an epinephrine injector,
25a school district, public school, charter school, or nonpublic
26school must immediately activate the EMS system and notify the

 

 

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1student's parent, guardian, or emergency contact, if known.
2    Upon any administration of an opioid antagonist, a school
3district, public school, charter school, or nonpublic school
4must immediately activate the EMS system and notify the
5student's parent, guardian, or emergency contact, if known.
6    (f-10) Within 24 hours of the administration of an
7undesignated epinephrine injector, a school district, public
8school, charter school, or nonpublic school must notify the
9physician, physician assistant, or advanced practice
10registered nurse who provided the standing protocol and a
11prescription for the undesignated epinephrine injector of its
12use.
13    Within 24 hours after the administration of an opioid
14antagonist, a school district, public school, charter school,
15or nonpublic school must notify the health care professional
16who provided the prescription for the opioid antagonist of its
17use.
18    Within 24 hours after the administration of undesignated
19asthma medication, a school district, public school, charter
20school, or nonpublic school must notify the student's parent
21or guardian or emergency contact, if known, and the physician,
22physician assistant, or advanced practice registered nurse who
23provided the standing protocol and a prescription for the
24undesignated asthma medication of its use. The district or
25school must follow up with the school nurse, if available, and
26may, with the consent of the child's parent or guardian,

 

 

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1notify the child's health care provider of record, as
2determined under this Section, of its use.
3    (g) Prior to the administration of an undesignated
4epinephrine injector, trained personnel must submit to the
5school's administration proof of completion of a training
6curriculum to recognize and respond to anaphylaxis that meets
7the requirements of subsection (h) of this Section. Training
8must be completed annually. The school district, public
9school, charter school, or nonpublic school must maintain
10records related to the training curriculum and trained
11personnel.
12    Prior to the administration of an opioid antagonist,
13trained personnel must submit to the school's administration
14proof of completion of a training curriculum to recognize and
15respond to an opioid overdose, which curriculum must meet the
16requirements of subsection (h-5) of this Section. The school
17district, public school, charter school, or nonpublic school
18must maintain records relating to the training curriculum and
19the trained personnel.
20    Prior to the administration of undesignated asthma
21medication, trained personnel must submit to the school's
22administration proof of completion of a training curriculum to
23recognize and respond to respiratory distress, which must meet
24the requirements of subsection (h-10) of this Section.
25Training must be completed annually, and the school district,
26public school, charter school, or nonpublic school must

 

 

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1maintain records relating to the training curriculum and the
2trained personnel.
3    (h) A training curriculum to recognize and respond to
4anaphylaxis, including the administration of an undesignated
5epinephrine injector, may be conducted online or in person.
6    Training shall include, but is not limited to:
7        (1) how to recognize signs and symptoms of an allergic
8    reaction, including anaphylaxis;
9        (2) how to administer an epinephrine injector; and
10        (3) a test demonstrating competency of the knowledge
11    required to recognize anaphylaxis and administer an
12    epinephrine injector.
13    Training may also include, but is not limited to:
14        (A) a review of high-risk areas within a school and
15    its related facilities;
16        (B) steps to take to prevent exposure to allergens;
17        (C) emergency follow-up procedures, including the
18    importance of calling 9-1-1 or, if 9-1-1 is not available,
19    other local emergency medical services;
20        (D) how to respond to a student with a known allergy,
21    as well as a student with a previously unknown allergy;
22        (E) other criteria as determined in rules adopted
23    pursuant to this Section; and
24        (F) any policy developed by the State Board of
25    Education under Section 2-3.190.
26    In consultation with statewide professional organizations

 

 

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1representing physicians licensed to practice medicine in all
2of its branches, registered nurses, and school nurses, the
3State Board of Education shall make available resource
4materials consistent with criteria in this subsection (h) for
5educating trained personnel to recognize and respond to
6anaphylaxis. The State Board may take into consideration the
7curriculum on this subject developed by other states, as well
8as any other curricular materials suggested by medical experts
9and other groups that work on life-threatening allergy issues.
10The State Board is not required to create new resource
11materials. The State Board shall make these resource materials
12available on its Internet website.
13    (h-5) A training curriculum to recognize and respond to an
14opioid overdose, including the administration of an opioid
15antagonist, may be conducted online or in person. The training
16must comply with any training requirements under Section 5-23
17of the Substance Use Disorder Act and the corresponding rules.
18It must include, but is not limited to:
19        (1) how to recognize symptoms of an opioid overdose;
20        (2) information on drug overdose prevention and
21    recognition;
22        (3) how to perform rescue breathing and resuscitation;
23        (4) how to respond to an emergency involving an opioid
24    overdose;
25        (5) opioid antagonist dosage and administration;
26        (6) the importance of calling 9-1-1 or, if 9-1-1 is

 

 

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1    not available, other local emergency medical services;
2        (7) care for the overdose victim after administration
3    of the overdose antagonist;
4        (8) a test demonstrating competency of the knowledge
5    required to recognize an opioid overdose and administer a
6    dose of an opioid antagonist; and
7        (9) other criteria as determined in rules adopted
8    pursuant to this Section.
9    (h-10) A training curriculum to recognize and respond to
10respiratory distress, including the administration of
11undesignated asthma medication, may be conducted online or in
12person. The training must include, but is not limited to:
13        (1) how to recognize symptoms of respiratory distress
14    and how to distinguish respiratory distress from
15    anaphylaxis;
16        (2) how to respond to an emergency involving
17    respiratory distress;
18        (3) asthma medication dosage and administration;
19        (4) the importance of calling 9-1-1 or, if 9-1-1 is
20    not available, other local emergency medical services;
21        (5) a test demonstrating competency of the knowledge
22    required to recognize respiratory distress and administer
23    asthma medication; and
24        (6) other criteria as determined in rules adopted
25    under this Section.
26    (i) Within 3 days after the administration of an

 

 

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1undesignated epinephrine injector by a school nurse, trained
2personnel, or a student at a school or school-sponsored
3activity, the school must report to the State Board of
4Education in a form and manner prescribed by the State Board
5the following information:
6        (1) age and type of person receiving epinephrine
7    (student, staff, visitor);
8        (2) any previously known diagnosis of a severe
9    allergy;
10        (3) trigger that precipitated allergic episode;
11        (4) location where symptoms developed;
12        (5) number of doses administered;
13        (6) type of person administering epinephrine (school
14    nurse, trained personnel, student); and
15        (7) any other information required by the State Board.
16    If a school district, public school, charter school, or
17nonpublic school maintains or has an independent contractor
18providing transportation to students who maintains a supply of
19undesignated epinephrine injectors, then the school district,
20public school, charter school, or nonpublic school must report
21that information to the State Board of Education upon adoption
22or change of the policy of the school district, public school,
23charter school, nonpublic school, or independent contractor,
24in a manner as prescribed by the State Board. The report must
25include the number of undesignated epinephrine injectors in
26supply.

 

 

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1    (i-5) Within 3 days after the administration of an opioid
2antagonist by a school nurse or trained personnel, the school
3must report to the State Board of Education, in a form and
4manner prescribed by the State Board, the following
5information:
6        (1) the age and type of person receiving the opioid
7    antagonist (student, staff, or visitor);
8        (2) the location where symptoms developed;
9        (3) the type of person administering the opioid
10    antagonist (school nurse or trained personnel); and
11        (4) any other information required by the State Board.
12    (i-10) Within 3 days after the administration of
13undesignated asthma medication by a school nurse, trained
14personnel, or a student at a school or school-sponsored
15activity, the school must report to the State Board of
16Education, on a form and in a manner prescribed by the State
17Board of Education, the following information:
18        (1) the age and type of person receiving the asthma
19    medication (student, staff, or visitor);
20        (2) any previously known diagnosis of asthma for the
21    person;
22        (3) the trigger that precipitated respiratory
23    distress, if identifiable;
24        (4) the location of where the symptoms developed;
25        (5) the number of doses administered;
26        (6) the type of person administering the asthma

 

 

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1    medication (school nurse, trained personnel, or student);
2        (7) the outcome of the asthma medication
3    administration; and
4        (8) any other information required by the State Board.
5    (j) By October 1, 2015 and every year thereafter, the
6State Board of Education shall submit a report to the General
7Assembly identifying the frequency and circumstances of
8undesignated epinephrine and undesignated asthma medication
9administration during the preceding academic year. Beginning
10with the 2017 report, the report shall also contain
11information on which school districts, public schools, charter
12schools, and nonpublic schools maintain or have independent
13contractors providing transportation to students who maintain
14a supply of undesignated epinephrine injectors. This report
15shall be published on the State Board's Internet website on
16the date the report is delivered to the General Assembly.
17    (j-5) Annually, each school district, public school,
18charter school, or nonpublic school shall request an asthma
19action plan from the parents or guardians of a pupil with
20asthma. If provided, the asthma action plan must be kept on
21file in the office of the school nurse or, in the absence of a
22school nurse, the school administrator. Copies of the asthma
23action plan may be distributed to appropriate school staff who
24interact with the pupil on a regular basis, and, if
25applicable, may be attached to the pupil's federal Section 504
26plan or individualized education program plan.

 

 

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1    (j-10) To assist schools with emergency response
2procedures for asthma, the State Board of Education, in
3consultation with statewide professional organizations with
4expertise in asthma management and a statewide organization
5representing school administrators, shall develop a model
6asthma episode emergency response protocol before September 1,
72016. Each school district, charter school, and nonpublic
8school shall adopt an asthma episode emergency response
9protocol before January 1, 2017 that includes all of the
10components of the State Board's model protocol.
11    (j-15) Every 2 years, school personnel who work with
12pupils shall complete an in-person or online training program
13on the management of asthma, the prevention of asthma
14symptoms, and emergency response in the school setting. In
15consultation with statewide professional organizations with
16expertise in asthma management, the State Board of Education
17shall make available resource materials for educating school
18personnel about asthma and emergency response in the school
19setting.
20    (j-20) On or before October 1, 2016 and every year
21thereafter, the State Board of Education shall submit a report
22to the General Assembly and the Department of Public Health
23identifying the frequency and circumstances of opioid
24antagonist administration during the preceding academic year.
25This report shall be published on the State Board's Internet
26website on the date the report is delivered to the General

 

 

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1Assembly.
2    (k) The State Board of Education may adopt rules necessary
3to implement this Section.
4    (l) Nothing in this Section shall limit the amount of
5epinephrine injectors that any type of school or student may
6carry or maintain a supply of.
7(Source: P.A. 102-413, eff. 8-20-21; 102-813, eff. 5-13-22;
8103-175, eff. 6-30-23; 103-196, eff. 1-1-24; 103-348, eff.
91-1-24; revised 11-27-23.)
 
10    (Text of Section after amendment by P.A. 103-542)
11    Sec. 22-30. Self-administration and self-carry of asthma
12medication and epinephrine injectors; administration of
13undesignated epinephrine injectors; administration of an
14opioid antagonist; administration of undesignated asthma
15medication; supply of undesignated oxygen tanks; asthma
16episode emergency response protocol.
17    (a) For the purpose of this Section only, the following
18terms shall have the meanings set forth below:
19    "Asthma action plan" means a written plan developed with a
20pupil's medical provider to help control the pupil's asthma.
21The goal of an asthma action plan is to reduce or prevent
22flare-ups and emergency department visits through day-to-day
23management and to serve as a student-specific document to be
24referenced in the event of an asthma episode.
25    "Asthma episode emergency response protocol" means a

 

 

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1procedure to provide assistance to a pupil experiencing
2symptoms of wheezing, coughing, shortness of breath, chest
3tightness, or breathing difficulty.
4    "Epinephrine injector" includes an auto-injector approved
5by the United States Food and Drug Administration for the
6administration of epinephrine and a pre-filled syringe
7approved by the United States Food and Drug Administration and
8used for the administration of epinephrine that contains a
9pre-measured dose of epinephrine that is equivalent to the
10dosages used in an auto-injector.
11    "Asthma medication" means quick-relief asthma medication,
12including albuterol or other short-acting bronchodilators,
13that is approved by the United States Food and Drug
14Administration for the treatment of respiratory distress.
15"Asthma medication" includes medication delivered through a
16device, including a metered dose inhaler with a reusable or
17disposable spacer or a nebulizer with a mouthpiece or mask.
18    "Opioid antagonist" means a drug that binds to opioid
19receptors and blocks or inhibits the effect of opioids acting
20on those receptors, including, but not limited to, naloxone
21hydrochloride or any other similarly acting drug approved by
22the U.S. Food and Drug Administration.
23    "Respiratory distress" means the perceived or actual
24presence of wheezing, coughing, shortness of breath, chest
25tightness, breathing difficulty, or any other symptoms
26consistent with asthma. Respiratory distress may be

 

 

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1categorized as "mild-to-moderate" or "severe".
2    "School nurse" means a registered nurse working in a
3school with or without licensure endorsed in school nursing.
4    "Self-administration" means a pupil's discretionary use of
5his or her prescribed asthma medication or epinephrine
6injector.
7    "Self-carry" means a pupil's ability to carry his or her
8prescribed asthma medication or epinephrine injector.
9    "Standing protocol" may be issued by (i) a physician
10licensed to practice medicine in all its branches, (ii) a
11licensed physician assistant with prescriptive authority, or
12(iii) a licensed advanced practice registered nurse with
13prescriptive authority.
14    "Trained personnel" means any school employee or volunteer
15personnel authorized in Sections 10-22.34, 10-22.34a, and
1610-22.34b of this Code who has completed training under
17subsection (g) of this Section to recognize and respond to
18anaphylaxis, an opioid overdose, or respiratory distress.
19    "Undesignated asthma medication" means asthma medication
20prescribed in the name of a school district, public school,
21charter school, or nonpublic school.
22    "Undesignated epinephrine injector" means an epinephrine
23injector prescribed in the name of a school district, public
24school, charter school, or nonpublic school.
25    (b) A school, whether public, charter, or nonpublic, must
26permit the self-administration and self-carry of asthma

 

 

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1medication by a pupil with asthma or the self-administration
2and self-carry of an epinephrine injector by a pupil, provided
3that:
4        (1) the parents or guardians of the pupil provide to
5    the school (i) written authorization from the parents or
6    guardians for (A) the self-administration and self-carry
7    of asthma medication or (B) the self-carry of asthma
8    medication or (ii) for (A) the self-administration and
9    self-carry of an epinephrine injector or (B) the
10    self-carry of an epinephrine injector, written
11    authorization from the pupil's physician, physician
12    assistant, or advanced practice registered nurse; and
13        (2) the parents or guardians of the pupil provide to
14    the school (i) the prescription label, which must contain
15    the name of the asthma medication, the prescribed dosage,
16    and the time at which or circumstances under which the
17    asthma medication is to be administered, or (ii) for the
18    self-administration or self-carry of an epinephrine
19    injector, a written statement from the pupil's physician,
20    physician assistant, or advanced practice registered nurse
21    containing the following information:
22            (A) the name and purpose of the epinephrine
23        injector;
24            (B) the prescribed dosage; and
25            (C) the time or times at which or the special
26        circumstances under which the epinephrine injector is

 

 

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1        to be administered.
2The information provided shall be kept on file in the office of
3the school nurse or, in the absence of a school nurse, the
4school's administrator.
5    (b-5) A school district, public school, charter school, or
6nonpublic school may authorize the provision of a
7student-specific or undesignated epinephrine injector to a
8student or any personnel authorized under a student's
9Individual Health Care Action Plan, allergy emergency action
10plan, or plan pursuant to Section 504 of the federal
11Rehabilitation Act of 1973 to administer an epinephrine
12injector to the student, that meets the student's prescription
13on file.
14    (b-10) The school district, public school, charter school,
15or nonpublic school may authorize a school nurse or trained
16personnel to do the following: (i) provide an undesignated
17epinephrine injector to a student for self-administration only
18or any personnel authorized under a student's Individual
19Health Care Action Plan, allergy emergency action plan, plan
20pursuant to Section 504 of the federal Rehabilitation Act of
211973, or individualized education program plan to administer
22to the student that meets the student's prescription on file;
23(ii) administer an undesignated epinephrine injector that
24meets the prescription on file to any student who has an
25Individual Health Care Action Plan, allergy emergency action
26plan, plan pursuant to Section 504 of the federal

 

 

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1Rehabilitation Act of 1973, or individualized education
2program plan that authorizes the use of an epinephrine
3injector; (iii) administer an undesignated epinephrine
4injector to any person that the school nurse or trained
5personnel in good faith believes is having an anaphylactic
6reaction; (iv) administer an opioid antagonist to any person
7that the school nurse or trained personnel in good faith
8believes is having an opioid overdose; (v) provide
9undesignated asthma medication to a student for
10self-administration only or to any personnel authorized under
11a student's Individual Health Care Action Plan or asthma
12action plan, plan pursuant to Section 504 of the federal
13Rehabilitation Act of 1973, or individualized education
14program plan to administer to the student that meets the
15student's prescription on file; (vi) administer undesignated
16asthma medication that meets the prescription on file to any
17student who has an Individual Health Care Action Plan or
18asthma action plan, plan pursuant to Section 504 of the
19federal Rehabilitation Act of 1973, or individualized
20education program plan that authorizes the use of asthma
21medication; and (vii) administer undesignated asthma
22medication to any person that the school nurse or trained
23personnel believes in good faith is having respiratory
24distress.
25    (c) The school district, public school, charter school, or
26nonpublic school must inform the parents or guardians of the

 

 

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1pupil, in writing, that the school district, public school,
2charter school, or nonpublic school and its employees and
3agents, including a physician, physician assistant, or
4advanced practice registered nurse providing standing protocol
5and a prescription for school epinephrine injectors, an opioid
6antagonist, or undesignated asthma medication, are to incur no
7liability or professional discipline, except for willful and
8wanton conduct, as a result of any injury arising from the
9administration of asthma medication, an epinephrine injector,
10or an opioid antagonist regardless of whether authorization
11was given by the pupil's parents or guardians or by the pupil's
12physician, physician assistant, or advanced practice
13registered nurse. The parents or guardians of the pupil must
14sign a statement acknowledging that the school district,
15public school, charter school, or nonpublic school and its
16employees and agents are to incur no liability, except for
17willful and wanton conduct, as a result of any injury arising
18from the administration of asthma medication, an epinephrine
19injector, or an opioid antagonist regardless of whether
20authorization was given by the pupil's parents or guardians or
21by the pupil's physician, physician assistant, or advanced
22practice registered nurse and that the parents or guardians
23must indemnify and hold harmless the school district, public
24school, charter school, or nonpublic school and its employees
25and agents against any claims, except a claim based on willful
26and wanton conduct, arising out of the administration of

 

 

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1asthma medication, an epinephrine injector, or an opioid
2antagonist regardless of whether authorization was given by
3the pupil's parents or guardians or by the pupil's physician,
4physician assistant, or advanced practice registered nurse.
5    (c-5) When a school nurse or trained personnel administers
6an undesignated epinephrine injector to a person whom the
7school nurse or trained personnel in good faith believes is
8having an anaphylactic reaction, administers an opioid
9antagonist to a person whom the school nurse or trained
10personnel in good faith believes is having an opioid overdose,
11or administers undesignated asthma medication to a person whom
12the school nurse or trained personnel in good faith believes
13is having respiratory distress, notwithstanding the lack of
14notice to the parents or guardians of the pupil or the absence
15of the parents or guardians signed statement acknowledging no
16liability, except for willful and wanton conduct, the school
17district, public school, charter school, or nonpublic school
18and its employees and agents, and a physician, a physician
19assistant, or an advanced practice registered nurse providing
20standing protocol and a prescription for undesignated
21epinephrine injectors, an opioid antagonist, or undesignated
22asthma medication, are to incur no liability or professional
23discipline, except for willful and wanton conduct, as a result
24of any injury arising from the use of an undesignated
25epinephrine injector, the use of an opioid antagonist, or the
26use of undesignated asthma medication, regardless of whether

 

 

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1authorization was given by the pupil's parents or guardians or
2by the pupil's physician, physician assistant, or advanced
3practice registered nurse.
4    (d) The permission for self-administration and self-carry
5of asthma medication or the self-administration and self-carry
6of an epinephrine injector is effective for the school year
7for which it is granted and shall be renewed each subsequent
8school year upon fulfillment of the requirements of this
9Section.
10    (e) Provided that the requirements of this Section are
11fulfilled, a pupil with asthma may self-administer and
12self-carry his or her asthma medication or a pupil may
13self-administer and self-carry an epinephrine injector (i)
14while in school, (ii) while at a school-sponsored activity,
15(iii) while under the supervision of school personnel, or (iv)
16before or after normal school activities, such as while in
17before-school or after-school care on school-operated property
18or while being transported on a school bus.
19    (e-5) Provided that the requirements of this Section are
20fulfilled, a school nurse or trained personnel may administer
21an undesignated epinephrine injector to any person whom the
22school nurse or trained personnel in good faith believes to be
23having an anaphylactic reaction (i) while in school, (ii)
24while at a school-sponsored activity, (iii) while under the
25supervision of school personnel, or (iv) before or after
26normal school activities, such as while in before-school or

 

 

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1after-school care on school-operated property or while being
2transported on a school bus. A school nurse or trained
3personnel may carry undesignated epinephrine injectors on his
4or her person while in school or at a school-sponsored
5activity.
6    (e-10) Provided that the requirements of this Section are
7fulfilled, a school nurse or trained personnel may administer
8an opioid antagonist to any person whom the school nurse or
9trained personnel in good faith believes to be having an
10opioid overdose (i) while in school, (ii) while at a
11school-sponsored activity, (iii) while under the supervision
12of school personnel, or (iv) before or after normal school
13activities, such as while in before-school or after-school
14care on school-operated property. A school nurse or trained
15personnel may carry an opioid antagonist on his or her person
16while in school or at a school-sponsored activity.
17    (e-15) If the requirements of this Section are met, a
18school nurse or trained personnel may administer undesignated
19asthma medication to any person whom the school nurse or
20trained personnel in good faith believes to be experiencing
21respiratory distress (i) while in school, (ii) while at a
22school-sponsored activity, (iii) while under the supervision
23of school personnel, or (iv) before or after normal school
24activities, including before-school or after-school care on
25school-operated property. A school nurse or trained personnel
26may carry undesignated asthma medication on his or her person

 

 

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1while in school or at a school-sponsored activity.
2    (f) The school district, public school, charter school, or
3nonpublic school may maintain a supply of undesignated
4epinephrine injectors in any secure location that is
5accessible before, during, and after school where an allergic
6person is most at risk, including, but not limited to,
7classrooms and lunchrooms. A physician, a physician assistant
8who has prescriptive authority in accordance with Section 7.5
9of the Physician Assistant Practice Act of 1987, or an
10advanced practice registered nurse who has prescriptive
11authority in accordance with Section 65-40 of the Nurse
12Practice Act may prescribe undesignated epinephrine injectors
13in the name of the school district, public school, charter
14school, or nonpublic school to be maintained for use when
15necessary. Any supply of epinephrine injectors shall be
16maintained in accordance with the manufacturer's instructions.
17    The school district, public school, charter school, or
18nonpublic school shall maintain a supply of an opioid
19antagonist in any secure location where an individual may have
20an opioid overdose, unless there is a shortage of opioid
21antagonists, in which case the school district, public school,
22charter school, or nonpublic school shall make a reasonable
23effort to maintain a supply of an opioid antagonist. Unless
24the school district, public school, charter school, or
25nonpublic school is able to obtain opioid antagonists without
26a prescription, a health care professional who has been

 

 

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1delegated prescriptive authority for opioid antagonists in
2accordance with Section 5-23 of the Substance Use Disorder Act
3shall prescribe opioid antagonists in the name of the school
4district, public school, charter school, or nonpublic school,
5to be maintained for use when necessary. Any supply of opioid
6antagonists shall be maintained in accordance with the
7manufacturer's instructions.
8    The school district, public school, charter school, or
9nonpublic school may maintain a supply of asthma medication in
10any secure location that is accessible before, during, or
11after school where a person is most at risk, including, but not
12limited to, a classroom or the nurse's office. A physician, a
13physician assistant who has prescriptive authority under
14Section 7.5 of the Physician Assistant Practice Act of 1987,
15or an advanced practice registered nurse who has prescriptive
16authority under Section 65-40 of the Nurse Practice Act may
17prescribe undesignated asthma medication in the name of the
18school district, public school, charter school, or nonpublic
19school to be maintained for use when necessary. Any supply of
20undesignated asthma medication must be maintained in
21accordance with the manufacturer's instructions.
22    A school district that provides special educational
23facilities for children with disabilities under Section
2414-4.01 of this Code may maintain a supply of undesignated
25oxygen tanks in any secure location that is accessible before,
26during, and after school where a person with developmental

 

 

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1disabilities is most at risk, including, but not limited to,
2classrooms and lunchrooms. A physician, a physician assistant
3who has prescriptive authority in accordance with Section 7.5
4of the Physician Assistant Practice Act of 1987, or an
5advanced practice registered nurse who has prescriptive
6authority in accordance with Section 65-40 of the Nurse
7Practice Act may prescribe undesignated oxygen tanks in the
8name of the school district that provides special educational
9facilities for children with disabilities under Section
1014-4.01 of this Code to be maintained for use when necessary.
11Any supply of oxygen tanks shall be maintained in accordance
12with the manufacturer's instructions and with the local fire
13department's rules.
14    (f-3) Whichever entity initiates the process of obtaining
15undesignated epinephrine injectors and providing training to
16personnel for carrying and administering undesignated
17epinephrine injectors shall pay for the costs of the
18undesignated epinephrine injectors.
19    (f-5) Upon any administration of an epinephrine injector,
20a school district, public school, charter school, or nonpublic
21school must immediately activate the EMS system and notify the
22student's parent, guardian, or emergency contact, if known.
23    Upon any administration of an opioid antagonist, a school
24district, public school, charter school, or nonpublic school
25must immediately activate the EMS system and notify the
26student's parent, guardian, or emergency contact, if known.

 

 

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1    (f-10) Within 24 hours of the administration of an
2undesignated epinephrine injector, a school district, public
3school, charter school, or nonpublic school must notify the
4physician, physician assistant, or advanced practice
5registered nurse who provided the standing protocol and a
6prescription for the undesignated epinephrine injector of its
7use.
8    Within 24 hours after the administration of an opioid
9antagonist, a school district, public school, charter school,
10or nonpublic school must notify the health care professional
11who provided the prescription for the opioid antagonist of its
12use.
13    Within 24 hours after the administration of undesignated
14asthma medication, a school district, public school, charter
15school, or nonpublic school must notify the student's parent
16or guardian or emergency contact, if known, and the physician,
17physician assistant, or advanced practice registered nurse who
18provided the standing protocol and a prescription for the
19undesignated asthma medication of its use. The district or
20school must follow up with the school nurse, if available, and
21may, with the consent of the child's parent or guardian,
22notify the child's health care provider of record, as
23determined under this Section, of its use.
24    (g) Prior to the administration of an undesignated
25epinephrine injector, trained personnel must submit to the
26school's administration proof of completion of a training

 

 

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1curriculum to recognize and respond to anaphylaxis that meets
2the requirements of subsection (h) of this Section. Training
3must be completed annually. The school district, public
4school, charter school, or nonpublic school must maintain
5records related to the training curriculum and trained
6personnel.
7    Prior to the administration of an opioid antagonist,
8trained personnel must submit to the school's administration
9proof of completion of a training curriculum to recognize and
10respond to an opioid overdose, which curriculum must meet the
11requirements of subsection (h-5) of this Section. The school
12district, public school, charter school, or nonpublic school
13must maintain records relating to the training curriculum and
14the trained personnel.
15    Prior to the administration of undesignated asthma
16medication, trained personnel must submit to the school's
17administration proof of completion of a training curriculum to
18recognize and respond to respiratory distress, which must meet
19the requirements of subsection (h-10) of this Section.
20Training must be completed annually, and the school district,
21public school, charter school, or nonpublic school must
22maintain records relating to the training curriculum and the
23trained personnel.
24    (h) A training curriculum to recognize and respond to
25anaphylaxis, including the administration of an undesignated
26epinephrine injector, may be conducted online or in person.

 

 

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1    Training shall include, but is not limited to:
2        (1) how to recognize signs and symptoms of an allergic
3    reaction, including anaphylaxis;
4        (2) how to administer an epinephrine injector; and
5        (3) a test demonstrating competency of the knowledge
6    required to recognize anaphylaxis and administer an
7    epinephrine injector.
8    Training may also include, but is not limited to:
9        (A) a review of high-risk areas within a school and
10    its related facilities;
11        (B) steps to take to prevent exposure to allergens;
12        (C) emergency follow-up procedures, including the
13    importance of calling 9-1-1 or, if 9-1-1 is not available,
14    other local emergency medical services;
15        (D) how to respond to a student with a known allergy,
16    as well as a student with a previously unknown allergy;
17        (E) other criteria as determined in rules adopted
18    pursuant to this Section; and
19        (F) any policy developed by the State Board of
20    Education under Section 2-3.190.
21    In consultation with statewide professional organizations
22representing physicians licensed to practice medicine in all
23of its branches, registered nurses, and school nurses, the
24State Board of Education shall make available resource
25materials consistent with criteria in this subsection (h) for
26educating trained personnel to recognize and respond to

 

 

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1anaphylaxis. The State Board may take into consideration the
2curriculum on this subject developed by other states, as well
3as any other curricular materials suggested by medical experts
4and other groups that work on life-threatening allergy issues.
5The State Board is not required to create new resource
6materials. The State Board shall make these resource materials
7available on its Internet website.
8    (h-5) A training curriculum to recognize and respond to an
9opioid overdose, including the administration of an opioid
10antagonist, may be conducted online or in person. The training
11must comply with any training requirements under Section 5-23
12of the Substance Use Disorder Act and the corresponding rules.
13It must include, but is not limited to:
14        (1) how to recognize symptoms of an opioid overdose;
15        (2) information on drug overdose prevention and
16    recognition;
17        (3) how to perform rescue breathing and resuscitation;
18        (4) how to respond to an emergency involving an opioid
19    overdose;
20        (5) opioid antagonist dosage and administration;
21        (6) the importance of calling 9-1-1 or, if 9-1-1 is
22    not available, other local emergency medical services;
23        (7) care for the overdose victim after administration
24    of the overdose antagonist;
25        (8) a test demonstrating competency of the knowledge
26    required to recognize an opioid overdose and administer a

 

 

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1    dose of an opioid antagonist; and
2        (9) other criteria as determined in rules adopted
3    pursuant to this Section.
4    (h-10) A training curriculum to recognize and respond to
5respiratory distress, including the administration of
6undesignated asthma medication, may be conducted online or in
7person. The training must include, but is not limited to:
8        (1) how to recognize symptoms of respiratory distress
9    and how to distinguish respiratory distress from
10    anaphylaxis;
11        (2) how to respond to an emergency involving
12    respiratory distress;
13        (3) asthma medication dosage and administration;
14        (4) the importance of calling 9-1-1 or, if 9-1-1 is
15    not available, other local emergency medical services;
16        (5) a test demonstrating competency of the knowledge
17    required to recognize respiratory distress and administer
18    asthma medication; and
19        (6) other criteria as determined in rules adopted
20    under this Section.
21    (i) Within 3 days after the administration of an
22undesignated epinephrine injector by a school nurse, trained
23personnel, or a student at a school or school-sponsored
24activity, the school must report to the State Board of
25Education in a form and manner prescribed by the State Board
26the following information:

 

 

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1        (1) age and type of person receiving epinephrine
2    (student, staff, visitor);
3        (2) any previously known diagnosis of a severe
4    allergy;
5        (3) trigger that precipitated allergic episode;
6        (4) location where symptoms developed;
7        (5) number of doses administered;
8        (6) type of person administering epinephrine (school
9    nurse, trained personnel, student); and
10        (7) any other information required by the State Board.
11    If a school district, public school, charter school, or
12nonpublic school maintains or has an independent contractor
13providing transportation to students who maintains a supply of
14undesignated epinephrine injectors, then the school district,
15public school, charter school, or nonpublic school must report
16that information to the State Board of Education upon adoption
17or change of the policy of the school district, public school,
18charter school, nonpublic school, or independent contractor,
19in a manner as prescribed by the State Board. The report must
20include the number of undesignated epinephrine injectors in
21supply.
22    (i-5) Within 3 days after the administration of an opioid
23antagonist by a school nurse or trained personnel, the school
24must report to the State Board of Education, in a form and
25manner prescribed by the State Board, the following
26information:

 

 

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1        (1) the age and type of person receiving the opioid
2    antagonist (student, staff, or visitor);
3        (2) the location where symptoms developed;
4        (3) the type of person administering the opioid
5    antagonist (school nurse or trained personnel); and
6        (4) any other information required by the State Board.
7    (i-10) Within 3 days after the administration of
8undesignated asthma medication by a school nurse, trained
9personnel, or a student at a school or school-sponsored
10activity, the school must report to the State Board of
11Education, on a form and in a manner prescribed by the State
12Board of Education, the following information:
13        (1) the age and type of person receiving the asthma
14    medication (student, staff, or visitor);
15        (2) any previously known diagnosis of asthma for the
16    person;
17        (3) the trigger that precipitated respiratory
18    distress, if identifiable;
19        (4) the location of where the symptoms developed;
20        (5) the number of doses administered;
21        (6) the type of person administering the asthma
22    medication (school nurse, trained personnel, or student);
23        (7) the outcome of the asthma medication
24    administration; and
25        (8) any other information required by the State Board.
26    (j) By October 1, 2015 and every year thereafter, the

 

 

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1State Board of Education shall submit a report to the General
2Assembly identifying the frequency and circumstances of
3undesignated epinephrine and undesignated asthma medication
4administration during the preceding academic year. Beginning
5with the 2017 report, the report shall also contain
6information on which school districts, public schools, charter
7schools, and nonpublic schools maintain or have independent
8contractors providing transportation to students who maintain
9a supply of undesignated epinephrine injectors. This report
10shall be published on the State Board's Internet website on
11the date the report is delivered to the General Assembly.
12    (j-5) Annually, each school district, public school,
13charter school, or nonpublic school shall request an asthma
14action plan from the parents or guardians of a pupil with
15asthma. If provided, the asthma action plan must be kept on
16file in the office of the school nurse or, in the absence of a
17school nurse, the school administrator. Copies of the asthma
18action plan may be distributed to appropriate school staff who
19interact with the pupil on a regular basis, and, if
20applicable, may be attached to the pupil's federal Section 504
21plan or individualized education program plan.
22    (j-10) To assist schools with emergency response
23procedures for asthma, the State Board of Education, in
24consultation with statewide professional organizations with
25expertise in asthma management and a statewide organization
26representing school administrators, shall develop a model

 

 

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1asthma episode emergency response protocol before September 1,
22016. Each school district, charter school, and nonpublic
3school shall adopt an asthma episode emergency response
4protocol before January 1, 2017 that includes all of the
5components of the State Board's model protocol.
6    (j-15) (Blank).
7    (j-20) On or before October 1, 2016 and every year
8thereafter, the State Board of Education shall submit a report
9to the General Assembly and the Department of Public Health
10identifying the frequency and circumstances of opioid
11antagonist administration during the preceding academic year.
12This report shall be published on the State Board's Internet
13website on the date the report is delivered to the General
14Assembly.
15    (k) The State Board of Education may adopt rules necessary
16to implement this Section.
17    (l) Nothing in this Section shall limit the amount of
18epinephrine injectors that any type of school or student may
19carry or maintain a supply of.
20(Source: P.A. 102-413, eff. 8-20-21; 102-813, eff. 5-13-22;
21103-175, eff. 6-30-23; 103-196, eff. 1-1-24; 103-348, eff.
221-1-24; 103-542, eff. 7-1-24 (see Section 905 of P.A. 103-563
23for effective date of P.A. 103-542); revised 11-27-23.)
 
24    (105 ILCS 5/22-95)
25    (This Section may contain text from a Public Act with a

 

 

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1delayed effective date)
2    Sec. 22-95. Policy on discrimination, harassment, and
3retaliation; response procedures.
4    (a) As used in this Section, "policy" means either the use
5of a singular policy or multiple policies.
6    (b) Each school district, charter school, or nonpublic,
7nonsectarian elementary or secondary school must create,
8implement, and maintain at least one written policy that
9prohibits discrimination and harassment based on race, color,
10and national origin and prohibits retaliation. The policy may
11be included as part of a broader anti-harassment or
12anti-discrimination policy, provided that the policy
13prohibiting discrimination and harassment based on race,
14color, and national origin and retaliation shall be
15distinguished with an appropriate title, heading, or label.
16This policy must comply with and be distributed in accordance
17with all of the following:
18        (1) The policy must be in writing and must include at a
19    minimum, the following information:
20            (A) descriptions of various forms of
21        discrimination and harassment based on race, color,
22        and national origin, including examples;
23            (B) the school district's, charter school's, or
24        nonpublic, nonsectarian elementary or secondary
25        school's internal process for filing a complaint
26        regarding a violation of the policy described in this

 

 

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1        subsection, or a reference to that process if
2        described elsewhere in policy;
3            (C) an overview of the school district's, charter
4        school's, or nonpublic, nonsectarian elementary or
5        secondary school's prevention and response program
6        pursuant to subsection (c);
7            (D) potential remedies for a violation of the
8        policy described in this subsection;
9            (E) a prohibition on retaliation for making a
10        complaint or participating in the complaint process;
11            (F) the legal recourse available through the
12        Department of Human Rights and through federal
13        agencies if a school district, charter school, or
14        nonpublic, nonsectarian elementary or secondary school
15        fails to take corrective action, or a reference to
16        that process if described elsewhere in policy; and
17            (G) directions on how to contact the Department of
18        Human Rights or a reference to those directions if
19        described elsewhere in the policy.
20    The policy shall make clear that the policy does not
21    impair or otherwise diminish the rights of unionized
22    employees under federal law, State law, or a collective
23    bargaining agreement to request an exclusive bargaining
24    representative to be present during investigator
25    interviews, nor does the policy diminish any rights
26    available under the applicable negotiated collective

 

 

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1    bargaining agreement, including, but not limited to, the
2    grievance procedure.
3        (2) The policy described in this subsection shall be
4    posted in a prominent and accessible location and
5    distributed in such a manner as to ensure notice of the
6    policy to all employees. If the school district, charter
7    school, or nonpublic, nonsectarian elementary or secondary
8    school maintains an Internet website or has an employee
9    Intranet, the website or Intranet shall be considered a
10    prominent and accessible location for the purpose of this
11    paragraph (2). Posting and distribution shall be
12    effectuated by the beginning of the 2024-2025 school year
13    and shall occur annually thereafter.
14        (3) The policy described in this subsection shall be
15    published on the school district's, charter school's, or
16    nonpublic, nonsectarian elementary or secondary school's
17    Internet website, if one exists, and in a student
18    handbook, if one exists. A summary of the policy in
19    accessible, age-appropriate language shall be distributed
20    annually to students and to the parents or guardians of
21    minor students. School districts, charter schools, and
22    nonpublic, nonsectarian elementary or secondary schools
23    shall provide a summary of the policy in the parent or
24    guardian's native language. For the annual distribution of
25    the summary, inclusion of the summary in a student
26    handbook is deemed compliant.

 

 

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1    (c) Each school district, charter school, and nonpublic,
2nonsectarian elementary or secondary school must establish
3procedures for responding to complaints of discrimination and
4harassment based on race, color, and national origin and
5retaliation. These procedures must comply with subsection (b)
6of this Section. Based on these procedures, school districts,
7charter schools, and nonpublic, nonsectarian elementary or
8secondary schools:
9        (1) shall reduce or remove, to the extent practicable,
10    barriers to reporting discrimination, harassment, and
11    retaliation;
12        (2) shall permit any person who reports or is the
13    victim of an incident of alleged discrimination,
14    harassment, or retaliation to be accompanied when making a
15    report by a support individual of the person's choice who
16    complies with the school district's, charter school's, or
17    nonpublic, nonsectarian elementary or secondary school's
18    policies or rules;
19        (3) shall permit anonymous reporting, except that this
20    paragraph (3) may not be construed to permit formal
21    disciplinary action solely on the basis of an anonymous
22    report;
23        (4) shall offer remedial interventions or take such
24    disciplinary action as may be appropriate on a
25    case-by-case basis;
26        (5) may offer, but not require or unduly influence, a

 

 

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1    person who reports or is the victim of an incident of
2    discrimination, harassment, or retaliation the option to
3    resolve allegations directly with the offender; and
4        (6) may not cause a person who reports or is the victim
5    of an incident of discrimination, harassment, or
6    retaliation to suffer adverse consequences as a result of
7    a report of, an investigation of, or a response to the
8    incident; this protection may not permit victims to engage
9    in retaliation against the offender or limit a school
10    district, charter school, or nonpublic, nonsectarian
11    elementary or secondary school from applying disciplinary
12    measures in response to other acts or conduct not related
13    to the process of reporting, investigating, or responding
14    to a report of an incident of discrimination, harassment,
15    or retaliation.
16(Source: P.A. 103-472, eff. 8-1-24.)
 
17    (105 ILCS 5/22-97)
18    (Section scheduled to be repealed on February 1, 2029)
19    Sec. 22-97 22-95. Whole Child Task Force.
20    (a) The General Assembly makes all of the following
21findings:
22        (1) The COVID-19 pandemic has exposed systemic
23    inequities in American society. Students, educators, and
24    families throughout this State have been deeply affected
25    by the pandemic, and the impact of the pandemic will be

 

 

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1    felt for years to come. The negative consequences of the
2    pandemic have impacted students and communities
3    differently along the lines of race, income, language, and
4    special needs. However, students in this State faced
5    significant unmet physical health, mental health, and
6    social and emotional needs even prior to the pandemic.
7        (2) The path to recovery requires a commitment from
8    adults in this State to address our students cultural,
9    physical, emotional, and mental health needs and to
10    provide them with stronger and increased systemic support
11    and intervention.
12        (3) It is well documented that trauma and toxic stress
13    diminish a child's ability to thrive. Forms of childhood
14    trauma and toxic stress include adverse childhood
15    experiences, systemic racism, poverty, food and housing
16    insecurity, and gender-based violence. The COVID-19
17    pandemic has exacerbated these issues and brought them
18    into focus.
19        (4) It is estimated that, overall, approximately 40%
20    of children in this State have experienced at least one
21    adverse childhood experience and approximately 10% have
22    experienced 3 or more adverse childhood experiences.
23    However, the number of adverse childhood experiences is
24    higher for Black and Hispanic children who are growing up
25    in poverty. The COVID-19 pandemic has amplified the number
26    of students who have experienced childhood trauma. Also,

 

 

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1    the COVID-19 pandemic has highlighted preexisting
2    inequities in school disciplinary practices that
3    disproportionately impact Black and Brown students.
4    Research shows, for example, that girls of color are
5    disproportionately impacted by trauma, adversity, and
6    abuse, and instead of receiving the care and
7    trauma-informed support they may need, many Black girls in
8    particular face disproportionately harsh disciplinary
9    measures.
10        (5) The cumulative effects of trauma and toxic stress
11    adversely impact the physical health of students, as well
12    as the students' ability to learn, form relationships, and
13    self-regulate. If left unaddressed, these effects increase
14    a student's risk for depression, alcoholism, anxiety,
15    asthma, smoking, and suicide, all of which are risks that
16    disproportionately affect Black youth and may lead to a
17    host of medical diseases as an adult. Access to infant and
18    early childhood mental health services is critical to
19    ensure the social and emotional well-being of this State's
20    youngest children, particularly those children who have
21    experienced trauma.
22        (6) Although this State enacted measures through
23    Public Act 100-105 to address the high rate of early care
24    and preschool expulsions of infants, toddlers, and
25    preschoolers and the disproportionately higher rate of
26    expulsion for Black and Hispanic children, a recent study

 

 

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1    found a wide variation in the awareness, understanding,
2    and compliance with the law by providers of early
3    childhood care. Further work is needed to implement the
4    law, which includes providing training to early childhood
5    care providers to increase the providers' understanding of
6    the law, increasing the availability and access to infant
7    and early childhood mental health services, and building
8    aligned data collection systems to better understand
9    expulsion rates and to allow for accurate reporting as
10    required by the law.
11        (7) Many educators and schools in this State have
12    embraced and implemented evidence-based restorative
13    justice and trauma-responsive and culturally relevant
14    practices and interventions. However, the use of these
15    interventions on students is often isolated or is
16    implemented occasionally and only if the school has the
17    appropriate leadership, resources, and partners available
18    to engage seriously in this work. It would be malpractice
19    to deny our students access to these practices and
20    interventions, especially in the aftermath of a
21    once-in-a-century pandemic.
22    (b) The Whole Child Task Force created by Public Act
23101-654 is reestablished for the purpose of establishing an
24equitable, inclusive, safe, and supportive environment in all
25schools for every student in this State. The task force shall
26have all of the following goals, which means key steps have to

 

 

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1be taken to ensure that every child in every school in this
2State has access to teachers, social workers, school leaders,
3support personnel, and others who have been trained in
4evidence-based interventions and restorative practices:
5        (1) To create a common definition of a
6    trauma-responsive school, a trauma-responsive district,
7    and a trauma-responsive community.
8        (2) To outline the training and resources required to
9    create and sustain a system of support for
10    trauma-responsive schools, districts, and communities and
11    to identify this State's role in that work, including
12    recommendations concerning options for redirecting
13    resources from school resource officers to classroom-based
14    support.
15        (3) To identify or develop a process to conduct an
16    analysis of the organizations that provide training in
17    restorative practices, implicit bias, anti-racism, and
18    trauma-responsive systems, mental health services, and
19    social and emotional services to schools.
20        (4) To provide recommendations concerning the key data
21    to be collected and reported to ensure that this State has
22    a full and accurate understanding of the progress toward
23    ensuring that all schools, including programs and
24    providers of care to pre-kindergarten children, employ
25    restorative, anti-racist, and trauma-responsive
26    strategies and practices. The data collected must include

 

 

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1    information relating to the availability of trauma
2    responsive support structures in schools, as well as
3    disciplinary practices employed on students in person or
4    through other means, including during remote or blended
5    learning. It should also include information on the use of
6    and funding for school resource officers and other similar
7    police personnel in school programs.
8        (5) To recommend an implementation timeline, including
9    the key roles, responsibilities, and resources to advance
10    this State toward a system in which every school,
11    district, and community is progressing toward becoming
12    trauma-responsive.
13        (6) To seek input and feedback from stakeholders,
14    including parents, students, and educators, who reflect
15    the diversity of this State.
16        (7) To recommend legislation, policies, and practices
17    to prevent learning loss in students during periods of
18    suspension and expulsion, including, but not limited to,
19    remote instruction.
20    (c) Members of the Whole Child Task Force shall be
21appointed by the State Superintendent of Education. Members of
22this task force must represent the diversity of this State and
23possess the expertise needed to perform the work required to
24meet the goals of the task force set forth under subsection
25(a). Members of the task force shall include all of the
26following:

 

 

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1        (1) One member of a statewide professional teachers'
2    organization.
3        (2) One member of another statewide professional
4    teachers' organization.
5        (3) One member who represents a school district
6    serving a community with a population of 500,000 or more.
7        (4) One member of a statewide organization
8    representing social workers.
9        (5) One member of an organization that has specific
10    expertise in trauma-responsive school practices and
11    experience in supporting schools in developing
12    trauma-responsive and restorative practices.
13        (6) One member of another organization that has
14    specific expertise in trauma-responsive school practices
15    and experience in supporting schools in developing
16    trauma-responsive and restorative practices.
17        (7) One member of a statewide organization that
18    represents school administrators.
19        (8) One member of a statewide policy organization that
20    works to build a healthy public education system that
21    prepares all students for a successful college, career,
22    and civic life.
23        (9) One member of a statewide organization that brings
24    teachers together to identify and address issues critical
25    to student success.
26        (10) One member of the General Assembly recommended by

 

 

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1    the President of the Senate.
2        (11) One member of the General Assembly recommended by
3    the Speaker of the House of Representatives.
4        (12) One member of the General Assembly recommended by
5    the Minority Leader of the Senate.
6        (13) One member of the General Assembly recommended by
7    the Minority Leader of the House of Representatives.
8        (14) One member of a civil rights organization that
9    works actively on issues regarding student support.
10        (15) One administrator from a school district that has
11    actively worked to develop a system of student support
12    that uses a trauma-informed lens.
13        (16) One educator from a school district that has
14    actively worked to develop a system of student support
15    that uses a trauma-informed lens.
16        (17) One member of a youth-led organization.
17        (18) One member of an organization that has
18    demonstrated expertise in restorative practices.
19        (19) One member of a coalition of mental health and
20    school practitioners who assist schools in developing and
21    implementing trauma-informed and restorative strategies
22    and systems.
23        (20) One member of an organization whose mission is to
24    promote the safety, health, and economic success of
25    children, youth, and families in this State.
26        (21) One member who works or has worked as a

 

 

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1    restorative justice coach or disciplinarian.
2        (22) One member who works or has worked as a social
3    worker.
4        (23) One member of the State Board of Education.
5        (24) One member who represents a statewide principals'
6    organization.
7        (25) One member who represents a statewide
8    organization of school boards.
9        (26) One member who has expertise in pre-kindergarten
10    education.
11        (27) One member who represents a school social worker
12    association.
13        (28) One member who represents an organization that
14    represents school districts in the south suburbs of the
15    City of Chicago.
16        (29) One member who is a licensed clinical
17    psychologist who (i) has a doctor of philosophy in the
18    field of clinical psychology and has an appointment at an
19    independent free-standing children's hospital located in
20    the City of Chicago, (ii) serves as an associate professor
21    at a medical school located in the City of Chicago, and
22    (iii) serves as the clinical director of a coalition of
23    voluntary collaboration of organizations that are
24    committed to applying a trauma lens to the member's
25    efforts on behalf of families and children in the State.
26        (30) One member who represents a school district in

 

 

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1    the west suburbs of the City of Chicago.
2        (31) One member from a governmental agency who has
3    expertise in child development and who is responsible for
4    coordinating early childhood mental health programs and
5    services.
6        (32) One member who has significant expertise in early
7    childhood mental health and childhood trauma.
8        (33) One member who represents an organization that
9    represents school districts in the collar counties around
10    the City of Chicago.
11        (34) One member who represents an organization
12    representing regional offices of education.
13    (d) The Whole Child Task Force shall meet at the call of
14the State Superintendent of Education or his or her designee,
15who shall serve as the chairperson. The State Board of
16Education shall provide administrative and other support to
17the task force. Members of the task force shall serve without
18compensation.
19    (e) The Whole Child Task Force shall reconvene by March
202027 to review progress on the recommendations in the March
212022 report submitted pursuant to Public Act 101-654 and shall
22submit a new report on its assessment of the State's progress
23and any additional recommendations to the General Assembly,
24the Illinois Legislative Black Caucus, the State Board of
25Education, and the Governor on or before December 31, 2027.
26    (f) This Section is repealed on February 1, 2029.

 

 

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1(Source: P.A. 103-413, eff. 1-1-24; revised 9-25-23.)
 
2    (105 ILCS 5/22-98)
3    Sec. 22-98 22-95. Retirement and deferred compensation
4plans.
5    (a) This Section applies only to school districts, other
6than a school district organized under Article 34, with a
7full-time licensed teacher population of 575 or more teachers
8that maintain a 457 plan. Every applicable school district
9shall make available to participants more than one financial
10institution or investment provider to provide services to the
11school district's 457 plan.
12    (b) A financial institution or investment provider, by
13entering into a written agreement, may offer or provide
14services to a plan offered, established, or maintained by a
15school district under Section 457 of the Internal Revenue Code
16of 1986 if the written agreement is not combined with any other
17written agreement for the administration of the school
18district's 457 plan.
19    Each school district that offers a 457 plan shall make
20available to participants, in the manner provided in
21subsection (d), more than one financial institution or
22investment provider that has not entered into a written
23agreement to provide administration services and that provides
24services to a 457 plan offered to school districts.
25    (c) A financial institution or investment provider

 

 

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1providing services for any plan offered, established, or
2maintained by a school district under Section 457 of the
3Internal Revenue Code of 1986 shall:
4        (1) enter into an agreement with the school district
5    or the school district's independent compliance
6    administrator that requires the financial institution or
7    investment provider to provide, in an electronic format,
8    all data necessary for the administration of the 457 plan,
9    as determined by the school district or the school
10    district's compliance administrator;
11        (2) provide all data required by the school district
12    or the school district's compliance administrator to
13    facilitate disclosure of all fees, charges, expenses,
14    commissions, compensation, and payments to third parties
15    related to investments offered under the 457 plan; and
16        (3) cover all plan administration costs agreed to by
17    the school district relating to the administration of the
18    457 plan.
19    (d) A school district that offers, establishes, or
20maintains a plan under Section 457 of the Internal Revenue
21Code of 1986, except for a plan established under Section
2216-204 of the Illinois Pension Code, shall select more than
23one financial institution or investment provider, in addition
24to the financial institution or investment provider that has
25entered into a written agreement under subsection (b), to
26provide services to the 457 plan. A financial institution or

 

 

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1investment provider shall be designated a 457 plan provider if
2the financial institution or investment provider enters into
3an agreement in accordance with subsection (c).
4    (e) A school district shall have one year after the
5effective date of this amendatory Act of the 103rd General
6Assembly to find a 457 plan provider under this Section.
7    (f) Nothing in this Section shall apply to or impact the
8optional defined contribution benefit established by the
9Teachers' Retirement System of the State of Illinois under
10Section 16-204 of the Illinois Pension Code. Notwithstanding
11the foregoing, the Teachers' Retirement System may elect to
12share plan data for the 457 plan established pursuant to
13Section 16-204 of the Illinois Pension Code with the school
14district, upon request by the school district, in order to
15facilitate school districts' compliance with this Section and
16Section 457 of the Internal Revenue Code of 1986. If a school
17district requests that the Teachers' Retirement System share
18plan information for the 457 plan established pursuant to
19Section 16-204 of the Illinois Pension Code, the Teachers'
20Retirement System may assess a fee on the applicable school
21district.
22(Source: P.A. 103-481, eff. 1-1-24; revised 9-25-23.)
 
23    (105 ILCS 5/22-99)
24    (Section scheduled to be repealed on December 31, 2031)
25    Sec. 22-99 22-95. Rural Education Advisory Council.

 

 

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1    (a) The Rural Education Advisory Council is created as a
2statewide advisory council to exchange thoughtful dialogue
3concerning the needs, challenges, and opportunities of rural
4school schools districts and to provide policy recommendations
5to the State. The Council shall perform all of the following
6functions:
7        (1) Convey and impart the perspective of rural
8    communities and provide context during policy discussions
9    on various statewide issues with the State Superintendent
10    of Education.
11        (2) Present to the State Superintendent of Education
12    the opportunity to speak directly with representatives of
13    rural communities on various policy and legal issues, to
14    present feedback on critical issues facing rural
15    communities, to generate ideas, and to communicate
16    information to the State Superintendent.
17        (3) Provide feedback about this State's
18    pre-kindergarten through grade 12 practices and policies
19    so that the application of policies in rural areas may be
20    more fully understood.
21    (b) The Council shall consist of all of the following
22members:
23        (1) The State Superintendent of Education or his or
24    her designee.
25        (2) One representative of an association representing
26    rural and small schools, appointed by the State

 

 

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1    Superintendent of Education.
2        (3) Five superintendents of rural school districts who
3    represent 3 super-regions of this State and who are
4    recommended by an association representing rural and small
5    schools, appointed by the State Superintendent of
6    Education.
7        (4) One principal from a rural school district
8    recommended by a statewide organization representing
9    school principals, appointed by the State Superintendent
10    of Education.
11        (5) One representative from a rural school district
12    recommended by a statewide organization representing
13    school boards, appointed by the State Superintendent of
14    Education.
15        (6) One representative of a statewide organization
16    representing district superintendents, appointed by the
17    State Superintendent of Education.
18        (7) One representative of a statewide organization
19    representing regional superintendents of schools,
20    appointed by the State Superintendent of Education.
21        (8) One student who is at least 15 years old, who is a
22    member of the State Board of Education's Student Advisory
23    Council, and who is from a rural school district,
24    appointed by the State Superintendent of Education.
25    Council members must reflect, as much as possible, the
26racial and ethnic diversity of this State.

 

 

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1    Council members shall serve without compensation but shall
2be reimbursed for their reasonable and necessary expenses from
3funds appropriated to the State Board of Education for that
4purpose, subject to the rules of the appropriate travel
5control board.
6    (c) The Council shall meet initially at the call of the
7State Superintendent of Education, shall select one member as
8chairperson at its initial meeting, and shall thereafter meet
9at the call of the chairperson.
10    (d) The State Board of Education shall provide
11administrative and other support to the Council as needed.
12    (e) The Council is dissolved and this Section is repealed
13on December 31, 2031.
14(Source: P.A. 103-497, eff. 1-1-24; revised 1-30-24.)
 
15    (105 ILCS 5/24-2)
16    Sec. 24-2. Holidays.
17    (a) Teachers shall not be required to teach on Saturdays,
18nor, except as provided in subsection (b) of this Section,
19shall teachers, educational support personnel employees, or
20other school employees, other than noncertificated school
21employees whose presence is necessary because of an emergency
22or for the continued operation and maintenance of school
23facilities or property, be required to work on legal school
24holidays, which are January 1, New Year's Day; the third
25Monday in January, the Birthday of Dr. Martin Luther King,

 

 

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1Jr.; February 12, the Birthday of President Abraham Lincoln;
2the first Monday in March (to be known as Casimir Pulaski's
3birthday); Good Friday; the day designated as Memorial Day by
4federal law; June 19, Juneteenth National Freedom Day; July 4,
5Independence Day; the first Monday in September, Labor Day;
6the second Monday in October, Columbus Day; November 11,
7Veterans' Day; the Thursday in November commonly called
8Thanksgiving Day; and December 25, Christmas Day. School
9boards may grant special holidays whenever in their judgment
10such action is advisable. No deduction shall be made from the
11time or compensation of a school employee, including an
12educational support personnel employee, on account of any
13legal or special holiday in which that employee would have
14otherwise been scheduled to work but for the legal or special
15holiday.
16    (b) A school board or other entity eligible to apply for
17waivers and modifications under Section 2-3.25g of this Code
18is authorized to hold school or schedule teachers' institutes,
19parent-teacher conferences, or staff development on the third
20Monday in January (the Birthday of Dr. Martin Luther King,
21Jr.); February 12 (the Birthday of President Abraham Lincoln);
22the first Monday in March (known as Casimir Pulaski's
23birthday); the second Monday in October (Columbus Day); and
24November 11 (Veterans' Day), provided that:
25        (1) the person or persons honored by the holiday are
26    recognized through instructional activities conducted on

 

 

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1    that day or, if the day is not used for student attendance,
2    on the first school day preceding or following that day;
3    and
4        (2) the entity that chooses to exercise this authority
5    first holds a public hearing about the proposal. The
6    entity shall provide notice preceding the public hearing
7    to both educators and parents. The notice shall set forth
8    the time, date, and place of the hearing, describe the
9    proposal, and indicate that the entity will take testimony
10    from educators and parents about the proposal.
11    (c) Commemorative holidays, which recognize specified
12patriotic, civic, cultural or historical persons, activities,
13or events, are regular school days. Commemorative holidays
14are: January 17 (the birthday of Muhammad Ali), January 28 (to
15be known as Christa McAuliffe Day and observed as a
16commemoration of space exploration), February 15 (the birthday
17of Susan B. Anthony), March 29 (Viet Nam War Veterans' Day),
18September 11 (September 11th Day of Remembrance), September 17
19(Constitution Day), the school day immediately preceding
20Veterans' Day (Korean War Veterans' Day), October 1 (Recycling
21Day), October 7 (Iraq and Afghanistan Veterans Remembrance
22Day), December 7 (Pearl Harbor Veterans' Day), and any day so
23appointed by the President or Governor. School boards may
24establish commemorative holidays whenever in their judgment
25such action is advisable. School boards shall include
26instruction relative to commemorated persons, activities, or

 

 

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1events on the commemorative holiday or at any other time
2during the school year and at any point in the curriculum when
3such instruction may be deemed appropriate. The State Board of
4Education shall prepare and make available to school boards
5instructional materials relative to commemorated persons,
6activities, or events which may be used by school boards in
7conjunction with any instruction provided pursuant to this
8paragraph.
9    (d) City of Chicago School District 299 shall observe
10March 4 of each year as a commemorative holiday. This holiday
11shall be known as Mayors' Day which shall be a day to
12commemorate and be reminded of the past Chief Executive
13Officers of the City of Chicago, and in particular the late
14Mayor Richard J. Daley and the late Mayor Harold Washington.
15If March 4 falls on a Saturday or Sunday, Mayors' Day shall be
16observed on the following Monday.
17    (e) Notwithstanding any other provision of State law to
18the contrary, November 3, 2020 shall be a State holiday known
19as 2020 General Election Day and shall be observed throughout
20the State pursuant to Public Act 101-642 this amendatory Act
21of the 101st General Assembly. All government offices, with
22the exception of election authorities, shall be closed unless
23authorized to be used as a location for election day services
24or as a polling place.
25    Notwithstanding any other provision of State law to the
26contrary, November 8, 2022 shall be a State holiday known as

 

 

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12022 General Election Day and shall be observed throughout the
2State under Public Act 102-15.
3    Notwithstanding any other provision of State law to the
4contrary, November 5, 2024 shall be a State holiday known as
52024 General Election Day and shall be observed throughout
6this State pursuant to Public Act 103-467 this amendatory Act
7of the 103rd General Assembly.
8(Source: P.A. 102-14, eff. 1-1-22; 102-15, eff. 6-17-21;
9102-334, eff. 8-9-21; 102-411, eff. 1-1-22; 102-813, eff.
105-13-22; 103-15, eff. 7-1-23; 103-395, eff. 1-1-24; 103-467,
11eff. 8-4-23; revised 9-1-23.)
 
12    (105 ILCS 5/24-12)
13    Sec. 24-12. Removal or dismissal of teachers in
14contractual continued service.
15    (a) This subsection (a) applies only to honorable
16dismissals and recalls in which the notice of dismissal is
17provided on or before the end of the 2010-2011 school term. If
18a teacher in contractual continued service is removed or
19dismissed as a result of a decision of the board to decrease
20the number of teachers employed by the board or to discontinue
21some particular type of teaching service, written notice shall
22be mailed to the teacher and also given the teacher either by
23certified mail, return receipt requested or personal delivery
24with receipt at least 60 days before the end of the school
25term, together with a statement of honorable dismissal and the

 

 

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1reason therefor, and in all such cases the board shall first
2remove or dismiss all teachers who have not entered upon
3contractual continued service before removing or dismissing
4any teacher who has entered upon contractual continued service
5and who is legally qualified to hold a position currently held
6by a teacher who has not entered upon contractual continued
7service.
8    As between teachers who have entered upon contractual
9continued service, the teacher or teachers with the shorter
10length of continuing service with the district shall be
11dismissed first unless an alternative method of determining
12the sequence of dismissal is established in a collective
13bargaining agreement or contract between the board and a
14professional faculty members' organization and except that
15this provision shall not impair the operation of any
16affirmative action program in the district, regardless of
17whether it exists by operation of law or is conducted on a
18voluntary basis by the board. Any teacher dismissed as a
19result of such decrease or discontinuance shall be paid all
20earned compensation on or before the third business day
21following the last day of pupil attendance in the regular
22school term.
23    If the board has any vacancies for the following school
24term or within one calendar year from the beginning of the
25following school term, the positions thereby becoming
26available shall be tendered to the teachers so removed or

 

 

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1dismissed so far as they are legally qualified to hold such
2positions; provided, however, that if the number of honorable
3dismissal notices based on economic necessity exceeds 15% of
4the number of full-time equivalent positions filled by
5certified employees (excluding principals and administrative
6personnel) during the preceding school year, then if the board
7has any vacancies for the following school term or within 2
8calendar years from the beginning of the following school
9term, the positions so becoming available shall be tendered to
10the teachers who were so notified and removed or dismissed
11whenever they are legally qualified to hold such positions.
12Each board shall, in consultation with any exclusive employee
13representatives, each year establish a list, categorized by
14positions, showing the length of continuing service of each
15teacher who is qualified to hold any such positions, unless an
16alternative method of determining a sequence of dismissal is
17established as provided for in this Section, in which case a
18list shall be made in accordance with the alternative method.
19Copies of the list shall be distributed to the exclusive
20employee representative on or before February 1 of each year.
21Whenever the number of honorable dismissal notices based upon
22economic necessity exceeds 5, or 150% of the average number of
23teachers honorably dismissed in the preceding 3 years,
24whichever is more, then the board also shall hold a public
25hearing on the question of the dismissals. Following the
26hearing and board review, the action to approve any such

 

 

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1reduction shall require a majority vote of the board members.
2    (b) If any teacher, whether or not in contractual
3continued service, is removed or dismissed as a result of a
4decision of a school board to decrease the number of teachers
5employed by the board, a decision of a school board to
6discontinue some particular type of teaching service, or a
7reduction in the number of programs or positions in a special
8education joint agreement, then written notice must be mailed
9to the teacher and also given to the teacher either by
10electronic mail, certified mail, return receipt requested, or
11personal delivery with receipt on or before April 15, together
12with a statement of honorable dismissal and the reason
13therefor, and in all such cases the sequence of dismissal
14shall occur in accordance with this subsection (b); except
15that this subsection (b) shall not impair the operation of any
16affirmative action program in the school district, regardless
17of whether it exists by operation of law or is conducted on a
18voluntary basis by the board.
19    Each teacher must be categorized into one or more
20positions for which the teacher is qualified to hold, based
21upon legal qualifications and any other qualifications
22established in a district or joint agreement job description,
23on or before the May 10 prior to the school year during which
24the sequence of dismissal is determined. Within each position
25and subject to agreements made by the joint committee on
26honorable dismissals that are authorized by subsection (c) of

 

 

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1this Section, the school district or joint agreement must
2establish 4 groupings of teachers qualified to hold the
3position as follows:
4        (1) Grouping one shall consist of each teacher who is
5    not in contractual continued service and who (i) has not
6    received a performance evaluation rating, (ii) is employed
7    for one school term or less to replace a teacher on leave,
8    or (iii) is employed on a part-time basis. "Part-time
9    basis" for the purposes of this subsection (b) means a
10    teacher who is employed to teach less than a full-day,
11    teacher workload or less than 5 days of the normal student
12    attendance week, unless otherwise provided for in a
13    collective bargaining agreement between the district and
14    the exclusive representative of the district's teachers.
15    For the purposes of this Section, a teacher (A) who is
16    employed as a full-time teacher but who actually teaches
17    or is otherwise present and participating in the
18    district's educational program for less than a school term
19    or (B) who, in the immediately previous school term, was
20    employed on a full-time basis and actually taught or was
21    otherwise present and participated in the district's
22    educational program for 120 days or more is not considered
23    employed on a part-time basis.
24        (2) Grouping 2 shall consist of each teacher with a
25    Needs Improvement or Unsatisfactory performance evaluation
26    rating on either of the teacher's last 2 performance

 

 

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1    evaluation ratings.
2        (3) Grouping 3 shall consist of each teacher with a
3    performance evaluation rating of at least Satisfactory or
4    Proficient on both of the teacher's last 2 performance
5    evaluation ratings, if 2 ratings are available, or on the
6    teacher's last performance evaluation rating, if only one
7    rating is available, unless the teacher qualifies for
8    placement into grouping 4.
9        (4) Grouping 4 shall consist of each teacher whose
10    last 2 performance evaluation ratings are Excellent and
11    each teacher with 2 Excellent performance evaluation
12    ratings out of the teacher's last 3 performance evaluation
13    ratings with a third rating of Satisfactory or Proficient.
14    Among teachers qualified to hold a position, teachers must
15be dismissed in the order of their groupings, with teachers in
16grouping one dismissed first and teachers in grouping 4
17dismissed last.
18    Within grouping one, the sequence of dismissal must be at
19the discretion of the school district or joint agreement.
20Within grouping 2, the sequence of dismissal must be based
21upon average performance evaluation ratings, with the teacher
22or teachers with the lowest average performance evaluation
23rating dismissed first. A teacher's average performance
24evaluation rating must be calculated using the average of the
25teacher's last 2 performance evaluation ratings, if 2 ratings
26are available, or the teacher's last performance evaluation

 

 

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1rating, if only one rating is available, using the following
2numerical values: 4 for Excellent; 3 for Proficient or
3Satisfactory; 2 for Needs Improvement; and 1 for
4Unsatisfactory. As between or among teachers in grouping 2
5with the same average performance evaluation rating and within
6each of groupings 3 and 4, the teacher or teachers with the
7shorter length of continuing service with the school district
8or joint agreement must be dismissed first unless an
9alternative method of determining the sequence of dismissal is
10established in a collective bargaining agreement or contract
11between the board and a professional faculty members'
12organization.
13    Each board, including the governing board of a joint
14agreement, shall, in consultation with any exclusive employee
15representatives, each year establish a sequence of honorable
16dismissal list categorized by positions and the groupings
17defined in this subsection (b). Copies of the list showing
18each teacher by name, along with the race or ethnicity of the
19teacher if provided by the teacher, and categorized by
20positions and the groupings defined in this subsection (b)
21must be distributed to the exclusive bargaining representative
22at least 75 days before the end of the school term, provided
23that the school district or joint agreement may, with notice
24to any exclusive employee representatives, move teachers from
25grouping one into another grouping during the period of time
26from 75 days until April 15. Each year, each board shall also

 

 

HB4844 Engrossed- 1031 -LRB103 39009 AMC 69146 b

1establish, in consultation with any exclusive employee
2representatives, a list showing the length of continuing
3service of each teacher who is qualified to hold any such
4positions, unless an alternative method of determining a
5sequence of dismissal is established as provided for in this
6Section, in which case a list must be made in accordance with
7the alternative method. Copies of the list must be distributed
8to the exclusive employee representative at least 75 days
9before the end of the school term.
10    Any teacher dismissed as a result of such decrease or
11discontinuance must be paid all earned compensation on or
12before the third business day following the last day of pupil
13attendance in the regular school term.
14    If the board or joint agreement has any vacancies for the
15following school term or within one calendar year from the
16beginning of the following school term, the positions thereby
17becoming available must be tendered to the teachers so removed
18or dismissed who were in grouping 3 or 4 of the sequence of
19dismissal and are qualified to hold the positions, based upon
20legal qualifications and any other qualifications established
21in a district or joint agreement job description, on or before
22the May 10 prior to the date of the positions becoming
23available, provided that if the number of honorable dismissal
24notices based on economic necessity exceeds 15% of the number
25of full-time equivalent positions filled by certified
26employees (excluding principals and administrative personnel)

 

 

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1during the preceding school year, then the recall period is
2for the following school term or within 2 calendar years from
3the beginning of the following school term. If the board or
4joint agreement has any vacancies within the period from the
5beginning of the following school term through February 1 of
6the following school term (unless a date later than February
71, but no later than 6 months from the beginning of the
8following school term, is established in a collective
9bargaining agreement), the positions thereby becoming
10available must be tendered to the teachers so removed or
11dismissed who were in grouping 2 of the sequence of dismissal
12due to one "needs improvement" rating on either of the
13teacher's last 2 performance evaluation ratings, provided
14that, if 2 ratings are available, the other performance
15evaluation rating used for grouping purposes is
16"satisfactory", "proficient", or "excellent", and are
17qualified to hold the positions, based upon legal
18qualifications and any other qualifications established in a
19district or joint agreement job description, on or before the
20May 10 prior to the date of the positions becoming available.
21On and after July 1, 2014 (the effective date of Public Act
2298-648), the preceding sentence shall apply to teachers
23removed or dismissed by honorable dismissal, even if notice of
24honorable dismissal occurred during the 2013-2014 school year.
25Among teachers eligible for recall pursuant to the preceding
26sentence, the order of recall must be in inverse order of

 

 

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1dismissal, unless an alternative order of recall is
2established in a collective bargaining agreement or contract
3between the board and a professional faculty members'
4organization. Whenever the number of honorable dismissal
5notices based upon economic necessity exceeds 5 notices or
6150% of the average number of teachers honorably dismissed in
7the preceding 3 years, whichever is more, then the school
8board or governing board of a joint agreement, as applicable,
9shall also hold a public hearing on the question of the
10dismissals. Following the hearing and board review, the action
11to approve any such reduction shall require a majority vote of
12the board members.
13    For purposes of this subsection (b), subject to agreement
14on an alternative definition reached by the joint committee
15described in subsection (c) of this Section, a teacher's
16performance evaluation rating means the overall performance
17evaluation rating resulting from an annual or biennial
18performance evaluation conducted pursuant to Article 24A of
19this Code by the school district or joint agreement
20determining the sequence of dismissal, not including any
21performance evaluation conducted during or at the end of a
22remediation period. No more than one evaluation rating each
23school term shall be one of the evaluation ratings used for the
24purpose of determining the sequence of dismissal. Except as
25otherwise provided in this subsection for any performance
26evaluations conducted during or at the end of a remediation

 

 

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1period, if multiple performance evaluations are conducted in a
2school term, only the rating from the last evaluation
3conducted prior to establishing the sequence of honorable
4dismissal list in such school term shall be the one evaluation
5rating from that school term used for the purpose of
6determining the sequence of dismissal. Averaging ratings from
7multiple evaluations is not permitted unless otherwise agreed
8to in a collective bargaining agreement or contract between
9the board and a professional faculty members' organization.
10The preceding 3 sentences are not a legislative declaration
11that existing law does or does not already require that only
12one performance evaluation each school term shall be used for
13the purpose of determining the sequence of dismissal. For
14performance evaluation ratings determined prior to September
151, 2012, any school district or joint agreement with a
16performance evaluation rating system that does not use either
17of the rating category systems specified in subsection (d) of
18Section 24A-5 of this Code for all teachers must establish a
19basis for assigning each teacher a rating that complies with
20subsection (d) of Section 24A-5 of this Code for all of the
21performance evaluation ratings that are to be used to
22determine the sequence of dismissal. A teacher's grouping and
23ranking on a sequence of honorable dismissal shall be deemed a
24part of the teacher's performance evaluation, and that
25information shall be disclosed to the exclusive bargaining
26representative as part of a sequence of honorable dismissal

 

 

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1list, notwithstanding any laws prohibiting disclosure of such
2information. A performance evaluation rating may be used to
3determine the sequence of dismissal, notwithstanding the
4pendency of any grievance resolution or arbitration procedures
5relating to the performance evaluation. If a teacher has
6received at least one performance evaluation rating conducted
7by the school district or joint agreement determining the
8sequence of dismissal and a subsequent performance evaluation
9is not conducted in any school year in which such evaluation is
10required to be conducted under Section 24A-5 of this Code, the
11teacher's performance evaluation rating for that school year
12for purposes of determining the sequence of dismissal is
13deemed Proficient, except that, during any time in which the
14Governor has declared a disaster due to a public health
15emergency pursuant to Section 7 of the Illinois Emergency
16Management Agency Act, this default to Proficient does not
17apply to any teacher who has entered into contractual
18continued service and who was deemed Excellent on his or her
19most recent evaluation. During any time in which the Governor
20has declared a disaster due to a public health emergency
21pursuant to Section 7 of the Illinois Emergency Management
22Agency Act and unless the school board and any exclusive
23bargaining representative have completed the performance
24rating for teachers or have mutually agreed to an alternate
25performance rating, any teacher who has entered into
26contractual continued service, whose most recent evaluation

 

 

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1was deemed Excellent, and whose performance evaluation is not
2conducted when the evaluation is required to be conducted
3shall receive a teacher's performance rating deemed Excellent.
4A school board and any exclusive bargaining representative may
5mutually agree to an alternate performance rating for teachers
6not in contractual continued service during any time in which
7the Governor has declared a disaster due to a public health
8emergency pursuant to Section 7 of the Illinois Emergency
9Management Agency Act, as long as the agreement is in writing.
10If a performance evaluation rating is nullified as the result
11of an arbitration, administrative agency, or court
12determination, then the school district or joint agreement is
13deemed to have conducted a performance evaluation for that
14school year, but the performance evaluation rating may not be
15used in determining the sequence of dismissal.
16    Nothing in this subsection (b) shall be construed as
17limiting the right of a school board or governing board of a
18joint agreement to dismiss a teacher not in contractual
19continued service in accordance with Section 24-11 of this
20Code.
21    Any provisions regarding the sequence of honorable
22dismissals and recall of honorably dismissed teachers in a
23collective bargaining agreement entered into on or before
24January 1, 2011 and in effect on June 13, 2011 (the effective
25date of Public Act 97-8) that may conflict with Public Act 97-8
26shall remain in effect through the expiration of such

 

 

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1agreement or June 30, 2013, whichever is earlier.
2    (c) Each school district and special education joint
3agreement must use a joint committee composed of equal
4representation selected by the school board and its teachers
5or, if applicable, the exclusive bargaining representative of
6its teachers, to address the matters described in paragraphs
7(1) through (5) of this subsection (c) pertaining to honorable
8dismissals under subsection (b) of this Section.
9        (1) The joint committee must consider and may agree to
10    criteria for excluding from grouping 2 and placing into
11    grouping 3 a teacher whose last 2 performance evaluations
12    include a Needs Improvement and either a Proficient or
13    Excellent.
14        (2) The joint committee must consider and may agree to
15    an alternative definition for grouping 4, which definition
16    must take into account prior performance evaluation
17    ratings and may take into account other factors that
18    relate to the school district's or program's educational
19    objectives. An alternative definition for grouping 4 may
20    not permit the inclusion of a teacher in the grouping with
21    a Needs Improvement or Unsatisfactory performance
22    evaluation rating on either of the teacher's last 2
23    performance evaluation ratings.
24        (3) The joint committee may agree to including within
25    the definition of a performance evaluation rating a
26    performance evaluation rating administered by a school

 

 

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1    district or joint agreement other than the school district
2    or joint agreement determining the sequence of dismissal.
3        (4) For each school district or joint agreement that
4    administers performance evaluation ratings that are
5    inconsistent with either of the rating category systems
6    specified in subsection (d) of Section 24A-5 of this Code,
7    the school district or joint agreement must consult with
8    the joint committee on the basis for assigning a rating
9    that complies with subsection (d) of Section 24A-5 of this
10    Code to each performance evaluation rating that will be
11    used in a sequence of dismissal.
12        (5) Upon request by a joint committee member submitted
13    to the employing board by no later than 10 days after the
14    distribution of the sequence of honorable dismissal list,
15    a representative of the employing board shall, within 5
16    days after the request, provide to members of the joint
17    committee a list showing the most recent and prior
18    performance evaluation ratings of each teacher identified
19    only by length of continuing service in the district or
20    joint agreement and not by name. If, after review of this
21    list, a member of the joint committee has a good faith
22    belief that a disproportionate number of teachers with
23    greater length of continuing service with the district or
24    joint agreement have received a recent performance
25    evaluation rating lower than the prior rating, the member
26    may request that the joint committee review the list to

 

 

HB4844 Engrossed- 1039 -LRB103 39009 AMC 69146 b

1    assess whether such a trend may exist. Following the joint
2    committee's review, but by no later than the end of the
3    applicable school term, the joint committee or any member
4    or members of the joint committee may submit a report of
5    the review to the employing board and exclusive bargaining
6    representative, if any. Nothing in this paragraph (5)
7    shall impact the order of honorable dismissal or a school
8    district's or joint agreement's authority to carry out a
9    dismissal in accordance with subsection (b) of this
10    Section.
11    Agreement by the joint committee as to a matter requires
12the majority vote of all committee members, and if the joint
13committee does not reach agreement on a matter, then the
14otherwise applicable requirements of subsection (b) of this
15Section shall apply. Except as explicitly set forth in this
16subsection (c), a joint committee has no authority to agree to
17any further modifications to the requirements for honorable
18dismissals set forth in subsection (b) of this Section. The
19joint committee must be established, and the first meeting of
20the joint committee each school year must occur on or before
21December 1.
22    The joint committee must reach agreement on a matter on or
23before February 1 of a school year in order for the agreement
24of the joint committee to apply to the sequence of dismissal
25determined during that school year. Subject to the February 1
26deadline for agreements, the agreement of a joint committee on

 

 

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1a matter shall apply to the sequence of dismissal until the
2agreement is amended or terminated by the joint committee.
3    The provisions of the Open Meetings Act shall not apply to
4meetings of a joint committee created under this subsection
5(c).
6    (d) Notwithstanding anything to the contrary in this
7subsection (d), the requirements and dismissal procedures of
8Section 24-16.5 of this Code shall apply to any dismissal
9sought under Section 24-16.5 of this Code.
10        (1) If a dismissal of a teacher in contractual
11    continued service is sought for any reason or cause other
12    than an honorable dismissal under subsections (a) or (b)
13    of this Section or a dismissal sought under Section
14    24-16.5 of this Code, including those under Section
15    10-22.4, the board must first approve a motion containing
16    specific charges by a majority vote of all its members.
17    Written notice of such charges, including a bill of
18    particulars and the teacher's right to request a hearing,
19    must be mailed to the teacher and also given to the teacher
20    either by electronic mail, certified mail, return receipt
21    requested, or personal delivery with receipt within 5 days
22    of the adoption of the motion. Any written notice sent on
23    or after July 1, 2012 shall inform the teacher of the right
24    to request a hearing before a mutually selected hearing
25    officer, with the cost of the hearing officer split
26    equally between the teacher and the board, or a hearing

 

 

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1    before a board-selected hearing officer, with the cost of
2    the hearing officer paid by the board.
3        Before setting a hearing on charges stemming from
4    causes that are considered remediable, a board must give
5    the teacher reasonable warning in writing, stating
6    specifically the causes that, if not removed, may result
7    in charges; however, no such written warning is required
8    if the causes have been the subject of a remediation plan
9    pursuant to Article 24A of this Code.
10        If, in the opinion of the board, the interests of the
11    school require it, the board may suspend the teacher
12    without pay, pending the hearing, but if the board's
13    dismissal or removal is not sustained, the teacher shall
14    not suffer the loss of any salary or benefits by reason of
15    the suspension.
16        (2) No hearing upon the charges is required unless the
17    teacher within 17 days after receiving notice requests in
18    writing of the board that a hearing be scheduled before a
19    mutually selected hearing officer or a hearing officer
20    selected by the board. The secretary of the school board
21    shall forward a copy of the notice to the State Board of
22    Education.
23        (3) Within 5 business days after receiving a notice of
24    hearing in which either notice to the teacher was sent
25    before July 1, 2012 or, if the notice was sent on or after
26    July 1, 2012, the teacher has requested a hearing before a

 

 

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1    mutually selected hearing officer, the State Board of
2    Education shall provide a list of 5 prospective, impartial
3    hearing officers from the master list of qualified,
4    impartial hearing officers maintained by the State Board
5    of Education. Each person on the master list must (i) be
6    accredited by a national arbitration organization and have
7    had a minimum of 5 years of experience directly related to
8    labor and employment relations matters between employers
9    and employees or their exclusive bargaining
10    representatives and (ii) beginning September 1, 2012, have
11    participated in training provided or approved by the State
12    Board of Education for teacher dismissal hearing officers
13    so that he or she is familiar with issues generally
14    involved in evaluative and non-evaluative dismissals.
15        If notice to the teacher was sent before July 1, 2012
16    or, if the notice was sent on or after July 1, 2012, the
17    teacher has requested a hearing before a mutually selected
18    hearing officer, the board and the teacher or their legal
19    representatives within 3 business days shall alternately
20    strike one name from the list provided by the State Board
21    of Education until only one name remains. Unless waived by
22    the teacher, the teacher shall have the right to proceed
23    first with the striking. Within 3 business days of receipt
24    of the list provided by the State Board of Education, the
25    board and the teacher or their legal representatives shall
26    each have the right to reject all prospective hearing

 

 

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1    officers named on the list and notify the State Board of
2    Education of such rejection. Within 3 business days after
3    receiving this notification, the State Board of Education
4    shall appoint a qualified person from the master list who
5    did not appear on the list sent to the parties to serve as
6    the hearing officer, unless the parties notify it that
7    they have chosen to alternatively select a hearing officer
8    under paragraph (4) of this subsection (d).
9        If the teacher has requested a hearing before a
10    hearing officer selected by the board, the board shall
11    select one name from the master list of qualified
12    impartial hearing officers maintained by the State Board
13    of Education within 3 business days after receipt and
14    shall notify the State Board of Education of its
15    selection.
16        A hearing officer mutually selected by the parties,
17    selected by the board, or selected through an alternative
18    selection process under paragraph (4) of this subsection
19    (d) (A) must not be a resident of the school district, (B)
20    must be available to commence the hearing within 75 days
21    and conclude the hearing within 120 days after being
22    selected as the hearing officer, and (C) must issue a
23    decision as to whether the teacher must be dismissed and
24    give a copy of that decision to both the teacher and the
25    board within 30 days from the conclusion of the hearing or
26    closure of the record, whichever is later.

 

 

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1        Any hearing convened during a public health emergency
2    pursuant to Section 7 of the Illinois Emergency Management
3    Agency Act may be convened remotely. Any hearing officer
4    for a hearing convened during a public health emergency
5    pursuant to Section 7 of the Illinois Emergency Management
6    Agency Act may voluntarily withdraw from the hearing and
7    another hearing officer shall be selected or appointed
8    pursuant to this Section.
9        In this paragraph, "pre-hearing procedures" refers to
10    the pre-hearing procedures under Section 51.55 of Title 23
11    of the Illinois Administrative Code and "hearing" refers
12    to the hearing under Section 51.60 of Title 23 of the
13    Illinois Administrative Code. Any teacher who has been
14    charged with engaging in acts of corporal punishment,
15    physical abuse, grooming, or sexual misconduct and who
16    previously paused pre-hearing procedures or a hearing
17    pursuant to Public Act 101-643 must proceed with selection
18    of a hearing officer or hearing date, or both, within the
19    timeframes established by this paragraph (3) and
20    paragraphs (4) through (6) of this subsection (d), unless
21    the timeframes are mutually waived in writing by both
22    parties, and all timelines set forth in this Section in
23    cases concerning corporal punishment, physical abuse,
24    grooming, or sexual misconduct shall be reset to begin the
25    day after April 22, 2022 (the effective date of Public Act
26    102-708) this amendatory Act of the 102nd General

 

 

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1    Assembly. Any teacher charged with engaging in acts of
2    corporal punishment, physical abuse, grooming, or sexual
3    misconduct on or after April 22, 2022 (the effective date
4    of Public Act 102-708) this amendatory Act of the 102nd
5    General Assembly may not pause pre-hearing procedures or a
6    hearing.
7        (4) In the alternative to selecting a hearing officer
8    from the list received from the State Board of Education
9    or accepting the appointment of a hearing officer by the
10    State Board of Education or if the State Board of
11    Education cannot provide a list or appoint a hearing
12    officer that meets the foregoing requirements, the board
13    and the teacher or their legal representatives may
14    mutually agree to select an impartial hearing officer who
15    is not on the master list either by direct appointment by
16    the parties or by using procedures for the appointment of
17    an arbitrator established by the Federal Mediation and
18    Conciliation Service or the American Arbitration
19    Association. The parties shall notify the State Board of
20    Education of their intent to select a hearing officer
21    using an alternative procedure within 3 business days of
22    receipt of a list of prospective hearing officers provided
23    by the State Board of Education, notice of appointment of
24    a hearing officer by the State Board of Education, or
25    receipt of notice from the State Board of Education that
26    it cannot provide a list that meets the foregoing

 

 

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1    requirements, whichever is later.
2        (5) If the notice of dismissal was sent to the teacher
3    before July 1, 2012, the fees and costs for the hearing
4    officer must be paid by the State Board of Education. If
5    the notice of dismissal was sent to the teacher on or after
6    July 1, 2012, the hearing officer's fees and costs must be
7    paid as follows in this paragraph (5). The fees and
8    permissible costs for the hearing officer must be
9    determined by the State Board of Education. If the board
10    and the teacher or their legal representatives mutually
11    agree to select an impartial hearing officer who is not on
12    a list received from the State Board of Education, they
13    may agree to supplement the fees determined by the State
14    Board to the hearing officer, at a rate consistent with
15    the hearing officer's published professional fees. If the
16    hearing officer is mutually selected by the parties, then
17    the board and the teacher or their legal representatives
18    shall each pay 50% of the fees and costs and any
19    supplemental allowance to which they agree. If the hearing
20    officer is selected by the board, then the board shall pay
21    100% of the hearing officer's fees and costs. The fees and
22    costs must be paid to the hearing officer within 14 days
23    after the board and the teacher or their legal
24    representatives receive the hearing officer's decision set
25    forth in paragraph (7) of this subsection (d).
26        (6) The teacher is required to answer the bill of

 

 

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1    particulars and aver affirmative matters in his or her
2    defense, and the time for initially doing so and the time
3    for updating such answer and defenses after pre-hearing
4    discovery must be set by the hearing officer. The State
5    Board of Education shall promulgate rules so that each
6    party has a fair opportunity to present its case and to
7    ensure that the dismissal process proceeds in a fair and
8    expeditious manner. These rules shall address, without
9    limitation, discovery and hearing scheduling conferences;
10    the teacher's initial answer and affirmative defenses to
11    the bill of particulars and the updating of that
12    information after pre-hearing discovery; provision for
13    written interrogatories and requests for production of
14    documents; the requirement that each party initially
15    disclose to the other party and then update the disclosure
16    no later than 10 calendar days prior to the commencement
17    of the hearing, the names and addresses of persons who may
18    be called as witnesses at the hearing, a summary of the
19    facts or opinions each witness will testify to, and all
20    other documents and materials, including information
21    maintained electronically, relevant to its own as well as
22    the other party's case (the hearing officer may exclude
23    witnesses and exhibits not identified and shared, except
24    those offered in rebuttal for which the party could not
25    reasonably have anticipated prior to the hearing);
26    pre-hearing discovery and preparation, including provision

 

 

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1    for written interrogatories and requests for production of
2    documents, provided that discovery depositions are
3    prohibited; the conduct of the hearing; the right of each
4    party to be represented by counsel, the offer of evidence
5    and witnesses and the cross-examination of witnesses; the
6    authority of the hearing officer to issue subpoenas and
7    subpoenas duces tecum, provided that the hearing officer
8    may limit the number of witnesses to be subpoenaed on
9    behalf of each party to no more than 7; the length of
10    post-hearing briefs; and the form, length, and content of
11    hearing officers' decisions. The hearing officer shall
12    hold a hearing and render a final decision for dismissal
13    pursuant to Article 24A of this Code or shall report to the
14    school board findings of fact and a recommendation as to
15    whether or not the teacher must be dismissed for conduct.
16    The hearing officer shall commence the hearing within 75
17    days and conclude the hearing within 120 days after being
18    selected as the hearing officer, provided that the hearing
19    officer may modify these timelines upon the showing of
20    good cause or mutual agreement of the parties. Good cause
21    for the purpose of this subsection (d) shall mean the
22    illness or otherwise unavoidable emergency of the teacher,
23    district representative, their legal representatives, the
24    hearing officer, or an essential witness as indicated in
25    each party's pre-hearing submission. In a dismissal
26    hearing pursuant to Article 24A of this Code in which a

 

 

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1    witness is a student or is under the age of 18, the hearing
2    officer must make accommodations for the witness, as
3    provided under paragraph (6.5) of this subsection. The
4    hearing officer shall consider and give weight to all of
5    the teacher's evaluations written pursuant to Article 24A
6    that are relevant to the issues in the hearing.
7        Each party shall have no more than 3 days to present
8    its case, unless extended by the hearing officer to enable
9    a party to present adequate evidence and testimony,
10    including due to the other party's cross-examination of
11    the party's witnesses, for good cause or by mutual
12    agreement of the parties. The State Board of Education
13    shall define in rules the meaning of "day" for such
14    purposes. All testimony at the hearing shall be taken
15    under oath administered by the hearing officer. The
16    hearing officer shall cause a record of the proceedings to
17    be kept and shall employ a competent reporter to take
18    stenographic or stenotype notes of all the testimony. The
19    costs of the reporter's attendance and services at the
20    hearing shall be paid by the party or parties who are
21    responsible for paying the fees and costs of the hearing
22    officer. Either party desiring a transcript of the hearing
23    shall pay for the cost thereof. Any post-hearing briefs
24    must be submitted by the parties by no later than 21 days
25    after a party's receipt of the transcript of the hearing,
26    unless extended by the hearing officer for good cause or

 

 

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1    by mutual agreement of the parties.
2        (6.5) In the case of charges involving any witness who
3    is or was at the time of the alleged conduct a student or a
4    person under the age of 18, the hearing officer shall make
5    accommodations to protect a witness from being
6    intimidated, traumatized, or re-traumatized. No alleged
7    victim or other witness who is or was at the time of the
8    alleged conduct a student or under the age of 18 may be
9    compelled to testify in the physical or visual presence of
10    a teacher or other witness. If such a witness invokes this
11    right, then the hearing officer must provide an
12    accommodation consistent with the invoked right and use a
13    procedure by which each party may hear such witness's
14    witness' testimony. Accommodations may include, but are
15    not limited to: (i) testimony made via a telecommunication
16    device in a location other than the hearing room and
17    outside the physical or visual presence of the teacher and
18    other hearing participants, but accessible to the teacher
19    via a telecommunication device, (ii) testimony made in the
20    hearing room but outside the physical presence of the
21    teacher and accessible to the teacher via a
22    telecommunication device, (iii) non-public testimony, (iv)
23    testimony made via videoconference with the cameras and
24    microphones of the teacher turned off, or (v) pre-recorded
25    testimony, including, but not limited to, a recording of a
26    forensic interview conducted at an accredited Children's

 

 

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1    Advocacy Center. With all accommodations, the hearing
2    officer shall give such testimony the same consideration
3    as if the witness testified without the accommodation. The
4    teacher may not directly, or through a representative,
5    question a witness called by the school board who is or was
6    a student or under 18 years of age at the time of the
7    alleged conduct. The hearing officer must permit the
8    teacher to submit all relevant questions and follow-up
9    questions for such a witness to have the questions posed
10    by the hearing officer. All questions must exclude
11    evidence of the witness' sexual behavior or
12    predisposition, unless the evidence is offered to prove
13    that someone other than the teacher subject to the
14    dismissal hearing engaged in the charge at issue.
15        (7) The hearing officer shall, within 30 days from the
16    conclusion of the hearing or closure of the record,
17    whichever is later, make a decision as to whether or not
18    the teacher shall be dismissed pursuant to Article 24A of
19    this Code or report to the school board findings of fact
20    and a recommendation as to whether or not the teacher
21    shall be dismissed for cause and shall give a copy of the
22    decision or findings of fact and recommendation to both
23    the teacher and the school board. If a hearing officer
24    fails without good cause, specifically provided in writing
25    to both parties and the State Board of Education, to
26    render a decision or findings of fact and recommendation

 

 

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1    within 30 days after the hearing is concluded or the
2    record is closed, whichever is later, the parties may
3    mutually agree to select a hearing officer pursuant to the
4    alternative procedure, as provided in this Section, to
5    rehear the charges heard by the hearing officer who failed
6    to render a decision or findings of fact and
7    recommendation or to review the record and render a
8    decision. If any hearing officer fails without good cause,
9    specifically provided in writing to both parties and the
10    State Board of Education, to render a decision or findings
11    of fact and recommendation within 30 days after the
12    hearing is concluded or the record is closed, whichever is
13    later, or if any hearing officer fails to make an
14    accommodation as described in paragraph (6.5), the hearing
15    officer shall be removed from the master list of hearing
16    officers maintained by the State Board of Education for
17    not more than 24 months. The parties and the State Board of
18    Education may also take such other actions as it deems
19    appropriate, including recovering, reducing, or
20    withholding any fees paid or to be paid to the hearing
21    officer. If any hearing officer repeats such failure, he
22    or she must be permanently removed from the master list
23    maintained by the State Board of Education and may not be
24    selected by parties through the alternative selection
25    process under this paragraph (7) or paragraph (4) of this
26    subsection (d). The board shall not lose jurisdiction to

 

 

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1    discharge a teacher if the hearing officer fails to render
2    a decision or findings of fact and recommendation within
3    the time specified in this Section. If the decision of the
4    hearing officer for dismissal pursuant to Article 24A of
5    this Code or of the school board for dismissal for cause is
6    in favor of the teacher, then the hearing officer or
7    school board shall order reinstatement to the same or
8    substantially equivalent position and shall determine the
9    amount for which the school board is liable, including,
10    but not limited to, loss of income and benefits.
11        (8) The school board, within 45 days after receipt of
12    the hearing officer's findings of fact and recommendation
13    as to whether (i) the conduct at issue occurred, (ii) the
14    conduct that did occur was remediable, and (iii) the
15    proposed dismissal should be sustained, shall issue a
16    written order as to whether the teacher must be retained
17    or dismissed for cause from its employ. The school board's
18    written order shall incorporate the hearing officer's
19    findings of fact, except that the school board may modify
20    or supplement the findings of fact if, in its opinion, the
21    findings of fact are against the manifest weight of the
22    evidence.
23        If the school board dismisses the teacher
24    notwithstanding the hearing officer's findings of fact and
25    recommendation, the school board shall make a conclusion
26    in its written order, giving its reasons therefor, and

 

 

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1    such conclusion and reasons must be included in its
2    written order. The failure of the school board to strictly
3    adhere to the timelines contained in this Section shall
4    not render it without jurisdiction to dismiss the teacher.
5    The school board shall not lose jurisdiction to discharge
6    the teacher for cause if the hearing officer fails to
7    render a recommendation within the time specified in this
8    Section. The decision of the school board is final, unless
9    reviewed as provided in paragraph (9) of this subsection
10    (d).
11        If the school board retains the teacher, the school
12    board shall enter a written order stating the amount of
13    back pay and lost benefits, less mitigation, to be paid to
14    the teacher, within 45 days after its retention order.
15    Should the teacher object to the amount of the back pay and
16    lost benefits or amount mitigated, the teacher shall give
17    written objections to the amount within 21 days. If the
18    parties fail to reach resolution within 7 days, the
19    dispute shall be referred to the hearing officer, who
20    shall consider the school board's written order and
21    teacher's written objection and determine the amount to
22    which the school board is liable. The costs of the hearing
23    officer's review and determination must be paid by the
24    board.
25        (9) The decision of the hearing officer pursuant to
26    Article 24A of this Code or of the school board's decision

 

 

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1    to dismiss for cause is final unless reviewed as provided
2    in Section 24-16 of this Code. If the school board's
3    decision to dismiss for cause is contrary to the hearing
4    officer's recommendation, the court on review shall give
5    consideration to the school board's decision and its
6    supplemental findings of fact, if applicable, and the
7    hearing officer's findings of fact and recommendation in
8    making its decision. In the event such review is
9    instituted, the school board shall be responsible for
10    preparing and filing the record of proceedings, and such
11    costs associated therewith must be divided equally between
12    the parties.
13        (10) If a decision of the hearing officer for
14    dismissal pursuant to Article 24A of this Code or of the
15    school board for dismissal for cause is adjudicated upon
16    review or appeal in favor of the teacher, then the trial
17    court shall order reinstatement and shall remand the
18    matter to the school board with direction for entry of an
19    order setting the amount of back pay, lost benefits, and
20    costs, less mitigation. The teacher may challenge the
21    school board's order setting the amount of back pay, lost
22    benefits, and costs, less mitigation, through an expedited
23    arbitration procedure, with the costs of the arbitrator
24    borne by the school board.
25        Any teacher who is reinstated by any hearing or
26    adjudication brought under this Section shall be assigned

 

 

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1    by the board to a position substantially similar to the
2    one which that teacher held prior to that teacher's
3    suspension or dismissal.
4        (11) Subject to any later effective date referenced in
5    this Section for a specific aspect of the dismissal
6    process, the changes made by Public Act 97-8 shall apply
7    to dismissals instituted on or after September 1, 2011.
8    Any dismissal instituted prior to September 1, 2011 must
9    be carried out in accordance with the requirements of this
10    Section prior to amendment by Public Act 97-8.
11    (e) Nothing contained in Public Act 98-648 repeals,
12supersedes, invalidates, or nullifies final decisions in
13lawsuits pending on July 1, 2014 (the effective date of Public
14Act 98-648) in Illinois courts involving the interpretation of
15Public Act 97-8.
16(Source: P.A. 102-708, eff. 4-22-22; 103-354, eff. 1-1-24;
17103-398, eff. 1-1-24; 103-500, eff. 8-4-23; revised 8-30-23.)
 
18    (105 ILCS 5/24A-5)  (from Ch. 122, par. 24A-5)
19    Sec. 24A-5. Content of evaluation plans. This Section
20does not apply to teachers assigned to schools identified in
21an agreement entered into between the board of a school
22district operating under Article 34 of this Code and the
23exclusive representative of the district's teachers in
24accordance with Section 34-85c of this Code.
25    Each school district to which this Article applies shall

 

 

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1establish a teacher evaluation plan which ensures that each
2teacher in contractual continued service is evaluated at least
3once in the course of every 2 or 3 school years as provided in
4this Section.
5    Each school district shall establish a teacher evaluation
6plan that ensures that:
7        (1) each teacher not in contractual continued service
8    is evaluated at least once every school year; and
9        (2) except as otherwise provided in this Section, each
10    teacher in contractual continued service is evaluated at
11    least once in the course of every 2 school years. However,
12    any teacher in contractual continued service whose
13    performance is rated as either "needs improvement" or
14    "unsatisfactory" must be evaluated at least once in the
15    school year following the receipt of such rating.
16    No later than September 1, 2022, each school district must
17establish a teacher evaluation plan that ensures that each
18teacher in contractual continued service whose performance is
19rated as either "excellent" or "proficient" is evaluated at
20least once in the course of the 3 school years after receipt of
21the rating and implement an informal teacher observation plan
22established by agency rule and by agreement of the joint
23committee established under subsection (b) of Section 24A-4 of
24this Code that ensures that each teacher in contractual
25continued service whose performance is rated as either
26"excellent" or "proficient" is informally observed at least

 

 

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1once in the course of the 2 school years after receipt of the
2rating.
3    For the 2022-2023 school year only, if the Governor has
4declared a disaster due to a public health emergency pursuant
5to Section 7 of the Illinois Emergency Management Agency Act,
6a school district may waive the evaluation requirement of all
7teachers in contractual continued service whose performances
8were rated as either "excellent" or "proficient" during the
9last school year in which the teachers were evaluated under
10this Section.
11    Notwithstanding anything to the contrary in this Section
12or any other Section of this Code, a principal shall not be
13prohibited from evaluating any teachers within a school during
14his or her first year as principal of such school. If a
15first-year principal exercises this option in a school
16district where the evaluation plan provides for a teacher in
17contractual continued service to be evaluated once in the
18course of every 2 or 3 school years, as applicable, then a new
192-year or 3-year evaluation plan must be established.
20    The evaluation plan shall comply with the requirements of
21this Section and of any rules adopted by the State Board of
22Education pursuant to this Section.
23    The plan shall include a description of each teacher's
24duties and responsibilities and of the standards to which that
25teacher is expected to conform, and shall include at least the
26following components:

 

 

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1        (a) personal observation of the teacher in the
2    classroom by the evaluator, unless the teacher has no
3    classroom duties.
4        (b) consideration of the teacher's attendance,
5    planning, instructional methods, classroom management,
6    where relevant, and competency in the subject matter
7    taught.
8        (c) by no later than the applicable implementation
9    date, consideration of student growth as a significant
10    factor in the rating of the teacher's performance.
11        (d) prior to September 1, 2012, rating of the
12    performance of teachers in contractual continued service
13    as either:
14            (i) "excellent", "satisfactory" or
15        "unsatisfactory"; or
16            (ii) "excellent", "proficient", "needs
17        improvement" or "unsatisfactory".
18        (e) on and after September 1, 2012, rating of the
19    performance of all teachers as "excellent", "proficient",
20    "needs improvement" or "unsatisfactory".
21        (f) specification as to the teacher's strengths and
22    weaknesses, with supporting reasons for the comments made.
23        (g) inclusion of a copy of the evaluation in the
24    teacher's personnel file and provision of a copy to the
25    teacher.
26        (h) within 30 school days after the completion of an

 

 

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1    evaluation rating a teacher in contractual continued
2    service as "needs improvement", development by the
3    evaluator, in consultation with the teacher, and taking
4    into account the teacher's on-going professional
5    responsibilities including his or her regular teaching
6    assignments, of a professional development plan directed
7    to the areas that need improvement and any supports that
8    the district will provide to address the areas identified
9    as needing improvement.
10        (i) within 30 school days after completion of an
11    evaluation rating a teacher in contractual continued
12    service as "unsatisfactory", development and commencement
13    by the district of a remediation plan designed to correct
14    deficiencies cited, provided the deficiencies are deemed
15    remediable. In all school districts the remediation plan
16    for unsatisfactory, tenured teachers shall provide for 90
17    school days of remediation within the classroom, unless an
18    applicable collective bargaining agreement provides for a
19    shorter duration. In all school districts evaluations
20    issued pursuant to this Section shall be issued within 10
21    days after the conclusion of the respective remediation
22    plan. However, the school board or other governing
23    authority of the district shall not lose jurisdiction to
24    discharge a teacher in the event the evaluation is not
25    issued within 10 days after the conclusion of the
26    respective remediation plan.

 

 

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1        (j) participation in the remediation plan by the
2    teacher in contractual continued service rated
3    "unsatisfactory", an evaluator and a consulting teacher
4    selected by the evaluator of the teacher who was rated
5    "unsatisfactory", which consulting teacher is an
6    educational employee as defined in the Illinois
7    Educational Labor Relations Act, has at least 5 years'
8    teaching experience, and a reasonable familiarity with the
9    assignment of the teacher being evaluated, and who
10    received an "excellent" rating on his or her most recent
11    evaluation. Where no teachers who meet these criteria are
12    available within the district, the district shall request
13    and the applicable regional office of education shall
14    supply, to participate in the remediation process, an
15    individual who meets these criteria.
16        In a district having a population of less than 500,000
17    with an exclusive bargaining agent, the bargaining agent
18    may, if it so chooses, supply a roster of qualified
19    teachers from whom the consulting teacher is to be
20    selected. That roster shall, however, contain the names of
21    at least 5 teachers, each of whom meets the criteria for
22    consulting teacher with regard to the teacher being
23    evaluated, or the names of all teachers so qualified if
24    that number is less than 5. In the event of a dispute as to
25    qualification, the State Board shall determine
26    qualification.

 

 

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1        (k) a mid-point and final evaluation by an evaluator
2    during and at the end of the remediation period,
3    immediately following receipt of a remediation plan
4    provided for under subsections (i) and (j) of this
5    Section. Each evaluation shall assess the teacher's
6    performance during the time period since the prior
7    evaluation; provided that the last evaluation shall also
8    include an overall evaluation of the teacher's performance
9    during the remediation period. A written copy of the
10    evaluations and ratings, in which any deficiencies in
11    performance and recommendations for correction are
12    identified, shall be provided to and discussed with the
13    teacher within 10 school days after the date of the
14    evaluation, unless an applicable collective bargaining
15    agreement provides to the contrary. These subsequent
16    evaluations shall be conducted by an evaluator. The
17    consulting teacher shall provide advice to the teacher
18    rated "unsatisfactory" on how to improve teaching skills
19    and to successfully complete the remediation plan. The
20    consulting teacher shall participate in developing the
21    remediation plan, but the final decision as to the
22    evaluation shall be done solely by the evaluator, unless
23    an applicable collective bargaining agreement provides to
24    the contrary. Evaluations at the conclusion of the
25    remediation process shall be separate and distinct from
26    the required annual evaluations of teachers and shall not

 

 

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1    be subject to the guidelines and procedures relating to
2    those annual evaluations. The evaluator may but is not
3    required to use the forms provided for the annual
4    evaluation of teachers in the district's evaluation plan.
5        (l) reinstatement to the evaluation schedule set forth
6    in the district's evaluation plan for any teacher in
7    contractual continued service who achieves a rating equal
8    to or better than "satisfactory" or "proficient" in the
9    school year following a rating of "needs improvement" or
10    "unsatisfactory".
11        (m) dismissal in accordance with subsection (d) of
12    Section 24-12 or Section 24-16.5 or 34-85 of this Code of
13    any teacher who fails to complete any applicable
14    remediation plan with a rating equal to or better than a
15    "satisfactory" or "proficient" rating. Districts and
16    teachers subject to dismissal hearings are precluded from
17    compelling the testimony of consulting teachers at such
18    hearings under subsection (d) of Section 24-12 or Section
19    24-16.5 or 34-85 of this Code, either as to the rating
20    process or for opinions of performances by teachers under
21    remediation.
22        (n) After the implementation date of an evaluation
23    system for teachers in a district as specified in Section
24    24A-2.5 of this Code, if a teacher in contractual
25    continued service successfully completes a remediation
26    plan following a rating of "unsatisfactory" in an overall

 

 

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1    performance evaluation received after the foregoing
2    implementation date and receives a subsequent rating of
3    "unsatisfactory" in any of the teacher's overall
4    performance evaluation ratings received during the
5    36-month period following the teacher's completion of the
6    remediation plan, then the school district may forgo
7    forego remediation and seek dismissal in accordance with
8    subsection (d) of Section 24-12 or Section 34-85 of this
9    Code.
10        (o) Teachers who are due to be evaluated in the last
11    year before they are set to retire shall be offered the
12    opportunity to waive their evaluation and to retain their
13    most recent rating, unless the teacher was last rated as
14    "needs improvement" or "unsatisfactory". The school
15    district may still reserve the right to evaluate a teacher
16    provided the district gives notice to the teacher at least
17    14 days before the evaluation and a reason for evaluating
18    the teacher.
19    Nothing in this Section or Section 24A-4 shall be
20construed as preventing immediate dismissal of a teacher for
21deficiencies which are deemed irremediable or for actions
22which are injurious to or endanger the health or person of
23students in the classroom or school, or preventing the
24dismissal or non-renewal of teachers not in contractual
25continued service for any reason not prohibited by applicable
26employment, labor, and civil rights laws. Failure to strictly

 

 

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1comply with the time requirements contained in Section 24A-5
2shall not invalidate the results of the remediation plan.
3    Nothing contained in Public Act 98-648 this amendatory Act
4of the 98th General Assembly repeals, supersedes, invalidates,
5or nullifies final decisions in lawsuits pending on July 1,
62014 (the effective date of Public Act 98-648) this amendatory
7Act of the 98th General Assembly in Illinois courts involving
8the interpretation of Public Act 97-8.
9    If the Governor has declared a disaster due to a public
10health emergency pursuant to Section 7 of the Illinois
11Emergency Management Agency Act that suspends in-person
12instruction, the timelines in this Section connected to the
13commencement and completion of any remediation plan are
14waived. Except if the parties mutually agree otherwise and the
15agreement is in writing, any remediation plan that had been in
16place for more than 45 days prior to the suspension of
17in-person instruction shall resume when in-person instruction
18resumes and any remediation plan that had been in place for
19fewer than 45 days prior to the suspension of in-person
20instruction shall be discontinued and a new remediation period
21shall begin when in-person instruction resumes. The
22requirements of this paragraph apply regardless of whether
23they are included in a school district's teacher evaluation
24plan.
25(Source: P.A. 102-252, eff. 1-1-22; 102-729, eff. 5-6-22;
26103-85, eff. 6-9-23; revised 9-20-23.)
 

 

 

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1    (105 ILCS 5/26A-40)
2    (This Section may contain text from a Public Act with a
3delayed effective date)
4    Sec. 26A-40. Support and services.
5    (a) To facilitate the full participation of students who
6are parents, expectant parents, or victims of domestic or
7sexual violence, each school district must provide those
8students with in-school support services and information
9regarding nonschool-based support services, and the ability to
10make up work missed on account of circumstances related to the
11student's status as a parent, expectant parent, or victim of
12domestic or sexual violence. Victims of domestic or sexual
13violence must have access to those supports and services
14regardless of when or where the violence for which they are
15seeking supports and services occurred. All supports and
16services must be offered for as long as necessary to maintain
17the mental and physical well-being and safety of the student.
18Schools may periodically check on students receiving supports
19and services to determine whether each support and service
20continues to be necessary to maintain the mental and physical
21well-being and safety of the student or whether termination is
22appropriate.
23    (b) Supports provided under subsection (a) shall include,
24but are not limited to (i) the provision of sufficiently
25private settings to ensure confidentiality and time off from

 

 

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1class for meetings with counselors or other service providers,
2(ii) assisting the student with a student success plan, (iii)
3transferring a victim of domestic or sexual violence or the
4student perpetrator to a different classroom or school, if
5available, (iv) changing a seating assignment, (v)
6implementing in-school, school grounds, and bus safety
7procedures, (vi) honoring court orders, including orders of
8protection and no-contact orders to the fullest extent
9possible, and (vii) providing any other supports that may
10facilitate the full participation in the regular education
11program of students who are parents, expectant parents, or
12victims of domestic or sexual violence.
13    (c) If a student who is a parent, expectant parent, or
14victim of domestic or sexual violence is a student at risk of
15academic failure or displays poor academic performance, the
16student or the student's parent or guardian may request that
17the school district provide the student with or refer the
18student to education and support services designed to assist
19the student in meeting State learning standards. A school
20district may either provide education or support services
21directly or may collaborate with public or private State,
22local, or community-based organizations or agencies that
23provide these services. A school district must also inform
24those students about support services of nonschool-based
25organizations and agencies from which those students typically
26receive services in the community.

 

 

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1    (d) Any student who is unable, because of circumstances
2related to the student's status as a parent, expectant parent,
3or victim of domestic or sexual violence, to participate in
4classes on a particular day or days or at the particular time
5of day must be excused in accordance with the procedures set
6forth in this Code. Upon student or parent or guardian's
7request, the teachers and of the school administrative
8personnel and officials shall make available to each student
9who is unable to participate because of circumstances related
10to the student's status as a parent, expectant parent, or
11victim of domestic or sexual violence a meaningful opportunity
12to make up any examination, study, or work requirement that
13the student has missed because of the inability to participate
14on any particular day or days or at any particular time of day.
15For a student receiving homebound instruction, it is the
16responsibility of the student and parent to work with the
17school or school district to meet academic standards for
18matriculation, as defined by school district policy. Costs
19assessed by the school district on the student for
20participation in those activities shall be considered waivable
21fees for any student whose parent or guardian is unable to
22afford them, consistent with Section 10-20.13. Each school
23district must adopt written policies for waiver of those fees
24in accordance with rules adopted by the State Board of
25Education.
26    (e) If a school or school district employee or agent

 

 

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1becomes aware of or suspects a student's status as a parent,
2expectant parent, or victim of domestic or sexual violence, it
3is the responsibility of the employee or agent of the school or
4school district to refer the student to the school district's
5domestic or sexual violence and parenting resource personnel
6set forth in Section 26A-35. A school district must make
7respecting a student's privacy, confidentiality, mental and
8physical health, and safety a paramount concern.
9    (f) Each school must honor a student's and a parent's or
10guardian's decision to obtain education and support services
11and nonschool-based support services, to terminate the receipt
12of those education and support services, or nonschool-based
13support services, or to decline participation in those
14education and support services, or nonschool-based support
15services. No student is obligated to use education and support
16services, or nonschool-based support services. In developing
17educational support services, the privacy, mental and physical
18health, and safety of the student shall be of paramount
19concern. No adverse or prejudicial effects may result to any
20student because of the student's availing of or declining the
21provisions of this Section as long as the student is working
22with the school to meet academic standards for matriculation
23as defined by school district policy.
24    (g) Any support services must be available in any school
25or by home or hospital instruction to the highest quality and
26fullest extent possible for the individual setting.

 

 

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1    (h) School-based counseling services, if available, must
2be offered to students who are parents, expectant parents, or
3victims of domestic or sexual violence consistent with the
4Mental Health and Developmental Disabilities Code. At least
5once every school year, each school district must inform, in
6writing, all school personnel and all students 12 years of age
7or older of the availability of counseling without parental or
8guardian consent under Section 3-5A-105 (to be renumbered as
9Section 3-550 in a revisory bill as of the effective date of
10this amendatory Act of the 102nd General Assembly) of the
11Mental Health and Developmental Disabilities Code. This
12information must also be provided to students immediately
13after any school personnel becomes aware that a student is a
14parent, expectant parent, or victim of domestic or sexual
15violence.
16    (i) All domestic or sexual violence organizations and
17their staff and any other nonschool organization and its staff
18shall maintain confidentiality under federal and State laws
19and their professional ethics policies regardless of when or
20where information, advice, counseling, or any other
21interaction with students takes place. A school or school
22district may not request or require those organizations or
23individuals to breach confidentiality.
24(Source: P.A. 102-466, eff. 7-1-25; revised 4-3-23.)
 
25    (105 ILCS 5/27-23.1)  (from Ch. 122, par. 27-23.1)

 

 

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1    Sec. 27-23.1. Parenting education.
2    (a) The State Board of Education must assist each school
3district that offers an evidence-based parenting education
4model. School districts may provide instruction in parenting
5education for grades 6 through 12 and include such instruction
6in the courses of study regularly taught therein. School
7districts may give regular school credit for satisfactory
8completion by the student of such courses.
9    As used in this subsection (a), "parenting education"
10means and includes instruction in the following:
11        (1) Child growth and development, including prenatal
12    development.
13        (2) Childbirth and child care.
14        (3) Family structure, function, and management.
15        (4) Prenatal and postnatal care for mothers and
16    infants.
17        (5) Prevention of child abuse.
18        (6) The physical, mental, emotional, social, economic,
19    and psychological aspects of interpersonal and family
20    relationships.
21        (7) Parenting skill development.
22    The State Board of Education shall assist those districts
23offering parenting education instruction, upon request, in
24developing instructional materials, training teachers, and
25establishing appropriate time allotments for each of the areas
26included in such instruction.

 

 

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1    School districts may offer parenting education courses
2during that period of the day which is not part of the regular
3school day. Residents of the school district may enroll in
4such courses. The school board may establish fees and collect
5such charges as may be necessary for attendance at such
6courses in an amount not to exceed the per capita cost of the
7operation thereof, except that the board may waive all or part
8of such charges if it determines that the individual is
9indigent or that the educational needs of the individual
10requires his or her attendance at such courses.
11    (b) Beginning with the 2019-2020 school year, from
12appropriations made for the purposes of this Section, the
13State Board of Education shall implement and administer a
147-year pilot program supporting the health and wellness
15student-learning requirement by utilizing a unit of
16instruction on parenting education in participating school
17districts that maintain grades 9 through 12, to be determined
18by the participating school districts. The program is
19encouraged to include, but is not be limited to, instruction
20on (i) family structure, function, and management, (ii) the
21prevention of child abuse, (iii) the physical, mental,
22emotional, social, economic, and psychological aspects of
23interpersonal and family relationships, and (iv) parenting
24education competency development that is aligned to the social
25and emotional learning standards of the student's grade level.
26Instruction under this subsection (b) may be included in the

 

 

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1Comprehensive Health Education Program set forth under Section
23 of the Critical Health Problems and Comprehensive Health
3Education Act. The State Board of Education is authorized to
4make grants to school districts that apply to participate in
5the pilot program under this subsection (b). The provisions of
6this subsection (b), other than this sentence, are inoperative
7at the conclusion of the pilot program.
8(Source: P.A. 103-8, eff. 6-7-23; 103-175, eff. 6-30-23;
9revised 9-5-23.)
 
10    (105 ILCS 5/27A-3)
11    Sec. 27A-3. Definitions. For purposes of this Article:
12    "At-risk pupil" means a pupil who, because of physical,
13emotional, socioeconomic, or cultural factors, is less likely
14to succeed in a conventional educational environment.
15    "Authorizer" means an entity authorized under this Article
16to review applications, decide whether to approve or reject
17applications, enter into charter contracts with applicants,
18oversee charter schools, and decide whether to renew, not
19renew, or revoke a charter.
20    "Local school board" means the duly elected or appointed
21school board or board of education of a public school
22district, including special charter districts and school
23districts located in cities having a population of more than
24500,000, organized under the laws of this State.
25    "State Board" means the State Board of Education.

 

 

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1    "Union neutrality clause" means a provision whereby a
2charter school agrees: (1) to be neutral regarding the
3unionization of any of its employees, such that the charter
4school will not at any time express a position on the matter of
5whether its employees will be unionized and such that the
6charter school will not threaten, intimidate, discriminate
7against, retaliate against, or take any adverse action against
8any employees based on their decision to support or oppose
9union representation; (2) to provide any bona fide labor
10organization access at reasonable times to areas in which the
11charter school's employees work for the purpose of meeting
12with employees to discuss their right to representation,
13employment rights under the law, and terms and conditions of
14employment; and (3) that union recognition shall be through a
15majority card check verified by a neutral third-party
16arbitrator mutually selected by the charter school and the
17bona fide labor organization through alternate striking from a
18panel of arbitrators provided by the Federal Mediation and
19Conciliation Service. As used in this definition, "bona fide
20labor organization" means a labor organization recognized
21under the National Labor Relations Act or the Illinois
22Educational Labor Relations Act. As used in this definition,
23"employees" means non-represented, non-management, and
24non-confidential employees of a charter school.
25(Source: P.A. 103-175, eff. 6-30-23; 103-416, eff. 8-4-23;
26revised 9-5-23.)
 

 

 

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1    (105 ILCS 5/27A-5)
2    (Text of Section before amendment by P.A. 102-466 and
3103-472)
4    Sec. 27A-5. Charter school; legal entity; requirements.
5    (a) A charter school shall be a public, nonsectarian,
6nonreligious, non-home based, and non-profit school. A charter
7school shall be organized and operated as a nonprofit
8corporation or other discrete, legal, nonprofit entity
9authorized under the laws of the State of Illinois.
10    (b) A charter school may be established under this Article
11by creating a new school or by converting an existing public
12school or attendance center to charter school status. In all
13new applications to establish a charter school in a city
14having a population exceeding 500,000, operation of the
15charter school shall be limited to one campus. This limitation
16does not apply to charter schools existing or approved on or
17before April 16, 2003.
18    (b-5) (Blank).
19    (c) A charter school shall be administered and governed by
20its board of directors or other governing body in the manner
21provided in its charter. The governing body of a charter
22school shall be subject to the Freedom of Information Act and
23the Open Meetings Act. A charter school's board of directors
24or other governing body must include at least one parent or
25guardian of a pupil currently enrolled in the charter school

 

 

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1who may be selected through the charter school or a charter
2network election, appointment by the charter school's board of
3directors or other governing body, or by the charter school's
4Parent Teacher Organization or its equivalent.
5    (c-5) No later than January 1, 2021 or within the first
6year of his or her first term, every voting member of a charter
7school's board of directors or other governing body shall
8complete a minimum of 4 hours of professional development
9leadership training to ensure that each member has sufficient
10familiarity with the board's or governing body's role and
11responsibilities, including financial oversight and
12accountability of the school, evaluating the principal's and
13school's performance, adherence to the Freedom of Information
14Act and the Open Meetings Act, and compliance with education
15and labor law. In each subsequent year of his or her term, a
16voting member of a charter school's board of directors or
17other governing body shall complete a minimum of 2 hours of
18professional development training in these same areas. The
19training under this subsection may be provided or certified by
20a statewide charter school membership association or may be
21provided or certified by other qualified providers approved by
22the State Board.
23    (d) For purposes of this subsection (d), "non-curricular
24health and safety requirement" means any health and safety
25requirement created by statute or rule to provide, maintain,
26preserve, or safeguard safe or healthful conditions for

 

 

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1students and school personnel or to eliminate, reduce, or
2prevent threats to the health and safety of students and
3school personnel. "Non-curricular health and safety
4requirement" does not include any course of study or
5specialized instructional requirement for which the State
6Board has established goals and learning standards or which is
7designed primarily to impart knowledge and skills for students
8to master and apply as an outcome of their education.
9    A charter school shall comply with all non-curricular
10health and safety requirements applicable to public schools
11under the laws of the State of Illinois. The State Board shall
12promulgate and post on its Internet website a list of
13non-curricular health and safety requirements that a charter
14school must meet. The list shall be updated annually no later
15than September 1. Any charter contract between a charter
16school and its authorizer must contain a provision that
17requires the charter school to follow the list of all
18non-curricular health and safety requirements promulgated by
19the State Board and any non-curricular health and safety
20requirements added by the State Board to such list during the
21term of the charter. Nothing in this subsection (d) precludes
22an authorizer from including non-curricular health and safety
23requirements in a charter school contract that are not
24contained in the list promulgated by the State Board,
25including non-curricular health and safety requirements of the
26authorizing local school board.

 

 

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1    (e) Except as otherwise provided in the School Code, a
2charter school shall not charge tuition; provided that a
3charter school may charge reasonable fees for textbooks,
4instructional materials, and student activities.
5    (f) A charter school shall be responsible for the
6management and operation of its fiscal affairs, including, but
7not limited to, the preparation of its budget. An audit of each
8charter school's finances shall be conducted annually by an
9outside, independent contractor retained by the charter
10school. The contractor shall not be an employee of the charter
11school or affiliated with the charter school or its authorizer
12in any way, other than to audit the charter school's finances.
13To ensure financial accountability for the use of public
14funds, on or before December 1 of every year of operation, each
15charter school shall submit to its authorizer and the State
16Board a copy of its audit and a copy of the Form 990 the
17charter school filed that year with the federal Internal
18Revenue Service. In addition, if deemed necessary for proper
19financial oversight of the charter school, an authorizer may
20require quarterly financial statements from each charter
21school.
22    (g) A charter school shall comply with all provisions of
23this Article, the Illinois Educational Labor Relations Act,
24all federal and State laws and rules applicable to public
25schools that pertain to special education and the instruction
26of English learners, and its charter. A charter school is

 

 

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1exempt from all other State laws and regulations in this Code
2governing public schools and local school board policies;
3however, a charter school is not exempt from the following:
4        (1) Sections 10-21.9 and 34-18.5 of this Code
5    regarding criminal history records checks and checks of
6    the Statewide Sex Offender Database and Statewide Murderer
7    and Violent Offender Against Youth Database of applicants
8    for employment;
9        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
10    34-84a of this Code regarding discipline of students;
11        (3) the Local Governmental and Governmental Employees
12    Tort Immunity Act;
13        (4) Section 108.75 of the General Not For Profit
14    Corporation Act of 1986 regarding indemnification of
15    officers, directors, employees, and agents;
16        (5) the Abused and Neglected Child Reporting Act;
17        (5.5) subsection (b) of Section 10-23.12 and
18    subsection (b) of Section 34-18.6 of this Code;
19        (6) the Illinois School Student Records Act;
20        (7) Section 10-17a of this Code regarding school
21    report cards;
22        (8) the P-20 Longitudinal Education Data System Act;
23        (9) Section 27-23.7 of this Code regarding bullying
24    prevention;
25        (10) Section 2-3.162 of this Code regarding student
26    discipline reporting;

 

 

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1        (11) Sections 22-80 and 27-8.1 of this Code;
2        (12) Sections 10-20.60 and 34-18.53 of this Code;
3        (13) Sections 10-20.63 and 34-18.56 of this Code;
4        (14) Sections 22-90 and 26-18 of this Code;
5        (15) Section 22-30 of this Code;
6        (16) Sections 24-12 and 34-85 of this Code;
7        (17) the Seizure Smart School Act;
8        (18) Section 2-3.64a-10 of this Code;
9        (19) Sections 10-20.73 and 34-21.9 of this Code;
10        (20) Section 10-22.25b of this Code;
11        (21) Section 27-9.1a of this Code;
12        (22) Section 27-9.1b of this Code;
13        (23) Section 34-18.8 of this Code;
14        (25) Section 2-3.188 of this Code;
15        (26) Section 22-85.5 of this Code;
16        (27) subsections (d-10), (d-15), and (d-20) of Section
17    10-20.56 of this Code;
18        (28) Sections 10-20.83 and 34-18.78 of this Code;
19        (29) Section 10-20.13 of this Code;
20        (30) Section 28-19.2 of this Code;
21        (31) Section 34-21.6 of this Code; and
22        (32) Section 22-85.10 of this Code.
23    The change made by Public Act 96-104 to this subsection
24(g) is declaratory of existing law.
25    (h) A charter school may negotiate and contract with a
26school district, the governing body of a State college or

 

 

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1university or public community college, or any other public or
2for-profit or nonprofit private entity for: (i) the use of a
3school building and grounds or any other real property or
4facilities that the charter school desires to use or convert
5for use as a charter school site, (ii) the operation and
6maintenance thereof, and (iii) the provision of any service,
7activity, or undertaking that the charter school is required
8to perform in order to carry out the terms of its charter.
9Except as provided in subsection (i) of this Section, a school
10district may charge a charter school reasonable rent for the
11use of the district's buildings, grounds, and facilities. Any
12services for which a charter school contracts with a school
13district shall be provided by the district at cost. Any
14services for which a charter school contracts with a local
15school board or with the governing body of a State college or
16university or public community college shall be provided by
17the public entity at cost.
18    (i) In no event shall a charter school that is established
19by converting an existing school or attendance center to
20charter school status be required to pay rent for space that is
21deemed available, as negotiated and provided in the charter
22agreement, in school district facilities. However, all other
23costs for the operation and maintenance of school district
24facilities that are used by the charter school shall be
25subject to negotiation between the charter school and the
26local school board and shall be set forth in the charter.

 

 

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1    (j) A charter school may limit student enrollment by age
2or grade level.
3    (k) If the charter school is authorized by the State
4Board, then the charter school is its own local education
5agency.
6(Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;
7102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff.
88-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21;
9102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff.
101-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175,
11eff. 6-30-23.)
 
12    (Text of Section after amendment by P.A. 103-472 but
13before amendment by P.A. 102-466)
14    Sec. 27A-5. Charter school; legal entity; requirements.
15    (a) A charter school shall be a public, nonsectarian,
16nonreligious, non-home based, and non-profit school. A charter
17school shall be organized and operated as a nonprofit
18corporation or other discrete, legal, nonprofit entity
19authorized under the laws of the State of Illinois.
20    (b) A charter school may be established under this Article
21by creating a new school or by converting an existing public
22school or attendance center to charter school status. In all
23new applications to establish a charter school in a city
24having a population exceeding 500,000, operation of the
25charter school shall be limited to one campus. This limitation

 

 

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1does not apply to charter schools existing or approved on or
2before April 16, 2003.
3    (b-5) (Blank).
4    (c) A charter school shall be administered and governed by
5its board of directors or other governing body in the manner
6provided in its charter. The governing body of a charter
7school shall be subject to the Freedom of Information Act and
8the Open Meetings Act. A charter school's board of directors
9or other governing body must include at least one parent or
10guardian of a pupil currently enrolled in the charter school
11who may be selected through the charter school or a charter
12network election, appointment by the charter school's board of
13directors or other governing body, or by the charter school's
14Parent Teacher Organization or its equivalent.
15    (c-5) No later than January 1, 2021 or within the first
16year of his or her first term, every voting member of a charter
17school's board of directors or other governing body shall
18complete a minimum of 4 hours of professional development
19leadership training to ensure that each member has sufficient
20familiarity with the board's or governing body's role and
21responsibilities, including financial oversight and
22accountability of the school, evaluating the principal's and
23school's performance, adherence to the Freedom of Information
24Act and the Open Meetings Act, and compliance with education
25and labor law. In each subsequent year of his or her term, a
26voting member of a charter school's board of directors or

 

 

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1other governing body shall complete a minimum of 2 hours of
2professional development training in these same areas. The
3training under this subsection may be provided or certified by
4a statewide charter school membership association or may be
5provided or certified by other qualified providers approved by
6the State Board.
7    (d) For purposes of this subsection (d), "non-curricular
8health and safety requirement" means any health and safety
9requirement created by statute or rule to provide, maintain,
10preserve, or safeguard safe or healthful conditions for
11students and school personnel or to eliminate, reduce, or
12prevent threats to the health and safety of students and
13school personnel. "Non-curricular health and safety
14requirement" does not include any course of study or
15specialized instructional requirement for which the State
16Board has established goals and learning standards or which is
17designed primarily to impart knowledge and skills for students
18to master and apply as an outcome of their education.
19    A charter school shall comply with all non-curricular
20health and safety requirements applicable to public schools
21under the laws of the State of Illinois. The State Board shall
22promulgate and post on its Internet website a list of
23non-curricular health and safety requirements that a charter
24school must meet. The list shall be updated annually no later
25than September 1. Any charter contract between a charter
26school and its authorizer must contain a provision that

 

 

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1requires the charter school to follow the list of all
2non-curricular health and safety requirements promulgated by
3the State Board and any non-curricular health and safety
4requirements added by the State Board to such list during the
5term of the charter. Nothing in this subsection (d) precludes
6an authorizer from including non-curricular health and safety
7requirements in a charter school contract that are not
8contained in the list promulgated by the State Board,
9including non-curricular health and safety requirements of the
10authorizing local school board.
11    (e) Except as otherwise provided in the School Code, a
12charter school shall not charge tuition; provided that a
13charter school may charge reasonable fees for textbooks,
14instructional materials, and student activities.
15    (f) A charter school shall be responsible for the
16management and operation of its fiscal affairs, including, but
17not limited to, the preparation of its budget. An audit of each
18charter school's finances shall be conducted annually by an
19outside, independent contractor retained by the charter
20school. The contractor shall not be an employee of the charter
21school or affiliated with the charter school or its authorizer
22in any way, other than to audit the charter school's finances.
23To ensure financial accountability for the use of public
24funds, on or before December 1 of every year of operation, each
25charter school shall submit to its authorizer and the State
26Board a copy of its audit and a copy of the Form 990 the

 

 

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1charter school filed that year with the federal Internal
2Revenue Service. In addition, if deemed necessary for proper
3financial oversight of the charter school, an authorizer may
4require quarterly financial statements from each charter
5school.
6    (g) A charter school shall comply with all provisions of
7this Article, the Illinois Educational Labor Relations Act,
8all federal and State laws and rules applicable to public
9schools that pertain to special education and the instruction
10of English learners, and its charter. A charter school is
11exempt from all other State laws and regulations in this Code
12governing public schools and local school board policies;
13however, a charter school is not exempt from the following:
14        (1) Sections 10-21.9 and 34-18.5 of this Code
15    regarding criminal history records checks and checks of
16    the Statewide Sex Offender Database and Statewide Murderer
17    and Violent Offender Against Youth Database of applicants
18    for employment;
19        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
20    34-84a of this Code regarding discipline of students;
21        (3) the Local Governmental and Governmental Employees
22    Tort Immunity Act;
23        (4) Section 108.75 of the General Not For Profit
24    Corporation Act of 1986 regarding indemnification of
25    officers, directors, employees, and agents;
26        (5) the Abused and Neglected Child Reporting Act;

 

 

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1        (5.5) subsection (b) of Section 10-23.12 and
2    subsection (b) of Section 34-18.6 of this Code;
3        (6) the Illinois School Student Records Act;
4        (7) Section 10-17a of this Code regarding school
5    report cards;
6        (8) the P-20 Longitudinal Education Data System Act;
7        (9) Section 27-23.7 of this Code regarding bullying
8    prevention;
9        (10) Section 2-3.162 of this Code regarding student
10    discipline reporting;
11        (11) Sections 22-80 and 27-8.1 of this Code;
12        (12) Sections 10-20.60 and 34-18.53 of this Code;
13        (13) Sections 10-20.63 and 34-18.56 of this Code;
14        (14) Sections 22-90 and 26-18 of this Code;
15        (15) Section 22-30 of this Code;
16        (16) Sections 24-12 and 34-85 of this Code;
17        (17) the Seizure Smart School Act;
18        (18) Section 2-3.64a-10 of this Code;
19        (19) Sections 10-20.73 and 34-21.9 of this Code;
20        (20) Section 10-22.25b of this Code;
21        (21) Section 27-9.1a of this Code;
22        (22) Section 27-9.1b of this Code;
23        (23) Section 34-18.8 of this Code;
24        (25) Section 2-3.188 of this Code;
25        (26) Section 22-85.5 of this Code;
26        (27) subsections (d-10), (d-15), and (d-20) of Section

 

 

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1    10-20.56 of this Code;
2        (28) Sections 10-20.83 and 34-18.78 of this Code;
3        (29) Section 10-20.13 of this Code;
4        (30) Section 28-19.2 of this Code;
5        (31) Section 34-21.6 of this Code; and
6        (32) Section 22-85.10 of this Code;
7        (33) Section 2-3.196 of this Code;
8        (34) Section 22-95 of this Code;
9        (35) Section 34-18.62 of this Code; and
10        (36) the Illinois Human Rights Act.
11    The change made by Public Act 96-104 to this subsection
12(g) is declaratory of existing law.
13    (h) A charter school may negotiate and contract with a
14school district, the governing body of a State college or
15university or public community college, or any other public or
16for-profit or nonprofit private entity for: (i) the use of a
17school building and grounds or any other real property or
18facilities that the charter school desires to use or convert
19for use as a charter school site, (ii) the operation and
20maintenance thereof, and (iii) the provision of any service,
21activity, or undertaking that the charter school is required
22to perform in order to carry out the terms of its charter.
23Except as provided in subsection (i) of this Section, a school
24district may charge a charter school reasonable rent for the
25use of the district's buildings, grounds, and facilities. Any
26services for which a charter school contracts with a school

 

 

HB4844 Engrossed- 1089 -LRB103 39009 AMC 69146 b

1district shall be provided by the district at cost. Any
2services for which a charter school contracts with a local
3school board or with the governing body of a State college or
4university or public community college shall be provided by
5the public entity at cost.
6    (i) In no event shall a charter school that is established
7by converting an existing school or attendance center to
8charter school status be required to pay rent for space that is
9deemed available, as negotiated and provided in the charter
10agreement, in school district facilities. However, all other
11costs for the operation and maintenance of school district
12facilities that are used by the charter school shall be
13subject to negotiation between the charter school and the
14local school board and shall be set forth in the charter.
15    (j) A charter school may limit student enrollment by age
16or grade level.
17    (k) If the charter school is authorized by the State
18Board, then the charter school is its own local education
19agency.
20(Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;
21102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff.
228-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21;
23102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff.
241-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175,
25eff. 6-30-23; 103-472, eff. 8-1-24; revised 8-31-23.)
 

 

 

HB4844 Engrossed- 1090 -LRB103 39009 AMC 69146 b

1    (Text of Section after amendment by P.A. 102-466)
2    Sec. 27A-5. Charter school; legal entity; requirements.
3    (a) A charter school shall be a public, nonsectarian,
4nonreligious, non-home based, and non-profit school. A charter
5school shall be organized and operated as a nonprofit
6corporation or other discrete, legal, nonprofit entity
7authorized under the laws of the State of Illinois.
8    (b) A charter school may be established under this Article
9by creating a new school or by converting an existing public
10school or attendance center to charter school status. In all
11new applications to establish a charter school in a city
12having a population exceeding 500,000, operation of the
13charter school shall be limited to one campus. This limitation
14does not apply to charter schools existing or approved on or
15before April 16, 2003.
16    (b-5) (Blank).
17    (c) A charter school shall be administered and governed by
18its board of directors or other governing body in the manner
19provided in its charter. The governing body of a charter
20school shall be subject to the Freedom of Information Act and
21the Open Meetings Act. A charter school's board of directors
22or other governing body must include at least one parent or
23guardian of a pupil currently enrolled in the charter school
24who may be selected through the charter school or a charter
25network election, appointment by the charter school's board of
26directors or other governing body, or by the charter school's

 

 

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1Parent Teacher Organization or its equivalent.
2    (c-5) No later than January 1, 2021 or within the first
3year of his or her first term, every voting member of a charter
4school's board of directors or other governing body shall
5complete a minimum of 4 hours of professional development
6leadership training to ensure that each member has sufficient
7familiarity with the board's or governing body's role and
8responsibilities, including financial oversight and
9accountability of the school, evaluating the principal's and
10school's performance, adherence to the Freedom of Information
11Act and the Open Meetings Act, and compliance with education
12and labor law. In each subsequent year of his or her term, a
13voting member of a charter school's board of directors or
14other governing body shall complete a minimum of 2 hours of
15professional development training in these same areas. The
16training under this subsection may be provided or certified by
17a statewide charter school membership association or may be
18provided or certified by other qualified providers approved by
19the State Board.
20    (d) For purposes of this subsection (d), "non-curricular
21health and safety requirement" means any health and safety
22requirement created by statute or rule to provide, maintain,
23preserve, or safeguard safe or healthful conditions for
24students and school personnel or to eliminate, reduce, or
25prevent threats to the health and safety of students and
26school personnel. "Non-curricular health and safety

 

 

HB4844 Engrossed- 1092 -LRB103 39009 AMC 69146 b

1requirement" does not include any course of study or
2specialized instructional requirement for which the State
3Board has established goals and learning standards or which is
4designed primarily to impart knowledge and skills for students
5to master and apply as an outcome of their education.
6    A charter school shall comply with all non-curricular
7health and safety requirements applicable to public schools
8under the laws of the State of Illinois. The State Board shall
9promulgate and post on its Internet website a list of
10non-curricular health and safety requirements that a charter
11school must meet. The list shall be updated annually no later
12than September 1. Any charter contract between a charter
13school and its authorizer must contain a provision that
14requires the charter school to follow the list of all
15non-curricular health and safety requirements promulgated by
16the State Board and any non-curricular health and safety
17requirements added by the State Board to such list during the
18term of the charter. Nothing in this subsection (d) precludes
19an authorizer from including non-curricular health and safety
20requirements in a charter school contract that are not
21contained in the list promulgated by the State Board,
22including non-curricular health and safety requirements of the
23authorizing local school board.
24    (e) Except as otherwise provided in the School Code, a
25charter school shall not charge tuition; provided that a
26charter school may charge reasonable fees for textbooks,

 

 

HB4844 Engrossed- 1093 -LRB103 39009 AMC 69146 b

1instructional materials, and student activities.
2    (f) A charter school shall be responsible for the
3management and operation of its fiscal affairs, including, but
4not limited to, the preparation of its budget. An audit of each
5charter school's finances shall be conducted annually by an
6outside, independent contractor retained by the charter
7school. The contractor shall not be an employee of the charter
8school or affiliated with the charter school or its authorizer
9in any way, other than to audit the charter school's finances.
10To ensure financial accountability for the use of public
11funds, on or before December 1 of every year of operation, each
12charter school shall submit to its authorizer and the State
13Board a copy of its audit and a copy of the Form 990 the
14charter school filed that year with the federal Internal
15Revenue Service. In addition, if deemed necessary for proper
16financial oversight of the charter school, an authorizer may
17require quarterly financial statements from each charter
18school.
19    (g) A charter school shall comply with all provisions of
20this Article, the Illinois Educational Labor Relations Act,
21all federal and State laws and rules applicable to public
22schools that pertain to special education and the instruction
23of English learners, and its charter. A charter school is
24exempt from all other State laws and regulations in this Code
25governing public schools and local school board policies;
26however, a charter school is not exempt from the following:

 

 

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1        (1) Sections 10-21.9 and 34-18.5 of this Code
2    regarding criminal history records checks and checks of
3    the Statewide Sex Offender Database and Statewide Murderer
4    and Violent Offender Against Youth Database of applicants
5    for employment;
6        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
7    34-84a of this Code regarding discipline of students;
8        (3) the Local Governmental and Governmental Employees
9    Tort Immunity Act;
10        (4) Section 108.75 of the General Not For Profit
11    Corporation Act of 1986 regarding indemnification of
12    officers, directors, employees, and agents;
13        (5) the Abused and Neglected Child Reporting Act;
14        (5.5) subsection (b) of Section 10-23.12 and
15    subsection (b) of Section 34-18.6 of this Code;
16        (6) the Illinois School Student Records Act;
17        (7) Section 10-17a of this Code regarding school
18    report cards;
19        (8) the P-20 Longitudinal Education Data System Act;
20        (9) Section 27-23.7 of this Code regarding bullying
21    prevention;
22        (10) Section 2-3.162 of this Code regarding student
23    discipline reporting;
24        (11) Sections 22-80 and 27-8.1 of this Code;
25        (12) Sections 10-20.60 and 34-18.53 of this Code;
26        (13) Sections 10-20.63 and 34-18.56 of this Code;

 

 

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1        (14) Sections 22-90 and 26-18 of this Code;
2        (15) Section 22-30 of this Code;
3        (16) Sections 24-12 and 34-85 of this Code;
4        (17) the Seizure Smart School Act;
5        (18) Section 2-3.64a-10 of this Code;
6        (19) Sections 10-20.73 and 34-21.9 of this Code;
7        (20) Section 10-22.25b of this Code;
8        (21) Section 27-9.1a of this Code;
9        (22) Section 27-9.1b of this Code;
10        (23) Section 34-18.8 of this Code;
11        (24) Article 26A of this Code;
12        (25) Section 2-3.188 of this Code;
13        (26) Section 22-85.5 of this Code;
14        (27) subsections (d-10), (d-15), and (d-20) of Section
15    10-20.56 of this Code;
16        (28) Sections 10-20.83 and 34-18.78 of this Code;
17        (29) Section 10-20.13 of this Code;
18        (30) Section 28-19.2 of this Code;
19        (31) Section 34-21.6 of this Code; and
20        (32) Section 22-85.10 of this Code;
21        (33) Section 2-3.196 of this Code;
22        (34) Section 22-95 of this Code;
23        (35) Section 34-18.62 of this Code; and
24        (36) the Illinois Human Rights Act.
25    The change made by Public Act 96-104 to this subsection
26(g) is declaratory of existing law.

 

 

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1    (h) A charter school may negotiate and contract with a
2school district, the governing body of a State college or
3university or public community college, or any other public or
4for-profit or nonprofit private entity for: (i) the use of a
5school building and grounds or any other real property or
6facilities that the charter school desires to use or convert
7for use as a charter school site, (ii) the operation and
8maintenance thereof, and (iii) the provision of any service,
9activity, or undertaking that the charter school is required
10to perform in order to carry out the terms of its charter.
11Except as provided in subsection (i) of this Section, a school
12district may charge a charter school reasonable rent for the
13use of the district's buildings, grounds, and facilities. Any
14services for which a charter school contracts with a school
15district shall be provided by the district at cost. Any
16services for which a charter school contracts with a local
17school board or with the governing body of a State college or
18university or public community college shall be provided by
19the public entity at cost.
20    (i) In no event shall a charter school that is established
21by converting an existing school or attendance center to
22charter school status be required to pay rent for space that is
23deemed available, as negotiated and provided in the charter
24agreement, in school district facilities. However, all other
25costs for the operation and maintenance of school district
26facilities that are used by the charter school shall be

 

 

HB4844 Engrossed- 1097 -LRB103 39009 AMC 69146 b

1subject to negotiation between the charter school and the
2local school board and shall be set forth in the charter.
3    (j) A charter school may limit student enrollment by age
4or grade level.
5    (k) If the charter school is authorized by the State
6Board, then the charter school is its own local education
7agency.
8(Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;
9102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-466, eff.
107-1-25; 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676,
11eff. 12-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23;
12102-805, eff. 1-1-23; 102-813, eff. 5-13-22; 103-154, eff.
136-30-23; 103-175, eff. 6-30-23; 103-472, eff. 8-1-24; revised
148-31-23.)
 
15    (105 ILCS 5/27A-6)
16    Sec. 27A-6. Contract contents; applicability of laws and
17regulations.
18    (a) A certified charter shall constitute a binding
19contract and agreement between the charter school and a local
20school board under the terms of which the local school board
21authorizes the governing body of the charter school to operate
22the charter school on the terms specified in the contract.
23    (b) Notwithstanding any other provision of this Article,
24the certified charter may not waive or release the charter
25school from the State goals, standards, and assessments

 

 

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1established pursuant to Section 2-3.64a-5 of this Code. The
2certified charter for a charter school operating in a city
3having a population exceeding 500,000 shall require the
4charter school to administer any other nationally recognized
5standardized tests to its students that the chartering entity
6administers to other students, and the results on such tests
7shall be included in the chartering entity's assessment
8reports.
9    (c) Subject to the provisions of subsection (e), a
10material revision to a previously certified contract or a
11renewal shall be made with the approval of both the local
12school board and the governing body of the charter school.
13    (c-5) The proposed contract shall include a provision on
14how both parties will address minor violations of the
15contract.
16    (c-10) After August 4, 2023 (the effective date of Public
17Act 103-416) this amendatory Act of the 103rd General
18Assembly, any renewal of a certified charter must include a
19union neutrality clause.
20    (d) The proposed contract between the governing body of a
21proposed charter school and the local school board as
22described in Section 27A-7 must be submitted to and certified
23by the State Board before it can take effect. If the State
24Board recommends that the proposed contract be modified for
25consistency with this Article before it can be certified, the
26modifications must be consented to by both the governing body

 

 

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1of the charter school and the local school board, and
2resubmitted to the State Board for its certification. If the
3proposed contract is resubmitted in a form that is not
4consistent with this Article, the State Board may refuse to
5certify the charter.
6    The State Board shall assign a number to each submission
7or resubmission in chronological order of receipt, and shall
8determine whether the proposed contract is consistent with the
9provisions of this Article. If the proposed contract complies,
10the State Board shall so certify.
11    (e) No renewal of a previously certified contract is
12effective unless and until the State Board certifies that the
13renewal is consistent with the provisions of this Article. A
14material revision to a previously certified contract may go
15into effect immediately upon approval of both the local school
16board and the governing body of the charter school, unless
17either party requests in writing that the State Board certify
18that the material revision is consistent with the provisions
19of this Article. If such a request is made, the proposed
20material revision is not effective unless and until the State
21Board so certifies.
22(Source: P.A. 103-175, eff. 6-30-23; 103-416, eff. 8-4-23;
23revised 9-5-23.)
 
24    (105 ILCS 5/27A-7)
25    Sec. 27A-7. Charter submission.

 

 

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1    (a) A proposal to establish a charter school shall be
2submitted to the local school board and the State Board for
3certification under Section 27A-6 of this Code in the form of a
4proposed contract entered into between the local school board
5and the governing body of a proposed charter school. The
6charter school proposal shall include:
7        (1) The name of the proposed charter school, which
8    must include the words "Charter School".
9        (2) The age or grade range, areas of focus, minimum
10    and maximum numbers of pupils to be enrolled in the
11    charter school, and any other admission criteria that
12    would be legal if used by a school district.
13        (3) A description of and address for the physical
14    plant in which the charter school will be located;
15    provided that nothing in the Article shall be deemed to
16    justify delaying or withholding favorable action on or
17    approval of a charter school proposal because the building
18    or buildings in which the charter school is to be located
19    have not been acquired or rented at the time a charter
20    school proposal is submitted or approved or a charter
21    school contract is entered into or submitted for
22    certification or certified, so long as the proposal or
23    submission identifies and names at least 2 sites that are
24    potentially available as a charter school facility by the
25    time the charter school is to open.
26        (4) The mission statement of the charter school, which

 

 

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1    must be consistent with the General Assembly's declared
2    purposes; provided that nothing in this Article shall be
3    construed to require that, in order to receive favorable
4    consideration and approval, a charter school proposal
5    demonstrate unequivocally that the charter school will be
6    able to meet each of those declared purposes, it being the
7    intention of the Charter Schools Law that those purposes
8    be recognized as goals that charter schools must aspire to
9    attain.
10        (5) The goals, objectives, and pupil performance
11    standards to be achieved by the charter school.
12        (6) In the case of a proposal to establish a charter
13    school by converting an existing public school or
14    attendance center to charter school status, evidence that
15    the proposed formation of the charter school has received
16    the approval of certified teachers, parents and guardians,
17    and, if applicable, a local school council as provided in
18    subsection (b) of Section 27A-8.
19        (7) A description of the charter school's educational
20    program, pupil performance standards, curriculum, school
21    year, school days, and hours of operation.
22        (8) A description of the charter school's plan for
23    evaluating pupil performance, the types of assessments
24    that will be used to measure pupil progress toward towards
25    achievement of the school's pupil performance standards,
26    the timeline for achievement of those standards, and the

 

 

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1    procedures for taking corrective action in the event that
2    pupil performance at the charter school falls below those
3    standards.
4        (9) Evidence that the terms of the charter as proposed
5    are economically sound for both the charter school and the
6    school district, a proposed budget for the term of the
7    charter, a description of the manner in which an annual
8    audit of the financial and administrative operations of
9    the charter school, including any services provided by the
10    school district, are to be conducted, and a plan for the
11    displacement of pupils, teachers, and other employees who
12    will not attend or be employed in the charter school.
13        (10) A description of the governance and operation of
14    the charter school, including the nature and extent of
15    parental, professional educator, and community involvement
16    in the governance and operation of the charter school.
17        (11) An explanation of the relationship that will
18    exist between the charter school and its employees,
19    including evidence that the terms and conditions of
20    employment have been addressed with affected employees and
21    their recognized representative, if any. However, a
22    bargaining unit of charter school employees shall be
23    separate and distinct from any bargaining units formed
24    from employees of a school district in which the charter
25    school is located.
26        (12) An agreement between the parties regarding their

 

 

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1    respective legal liability and applicable insurance
2    coverage.
3        (13) A description of how the charter school plans to
4    meet the transportation needs of its pupils, and a plan
5    for addressing the transportation needs of low-income and
6    at-risk pupils.
7        (14) The proposed effective date and term of the
8    charter; provided that the first day of the first academic
9    year shall be no earlier than August 15 and no later than
10    September 15 of a calendar year, and the first day of the
11    fiscal year shall be July 1.
12        (14.5) Disclosure of any known active civil or
13    criminal investigation by a local, state, or federal law
14    enforcement agency into an organization submitting the
15    charter school proposal or a criminal investigation by a
16    local, state, or federal law enforcement agency into any
17    member of the governing body of that organization. For the
18    purposes of this subdivision (14.5), a known investigation
19    means a request for an interview by a law enforcement
20    agency, a subpoena, an arrest, or an indictment. Such
21    disclosure is required for a period from the initial
22    application submission through 10 business days prior to
23    the authorizer's scheduled decision date.
24        (14.7) A union neutrality clause.
25        (15) Any other information reasonably required by the
26    State Board.

 

 

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1    (b) A proposal to establish a charter school may be
2initiated by individuals or organizations that will have
3majority representation on the board of directors or other
4governing body of the corporation or other discrete legal
5entity that is to be established to operate the proposed
6charter school, by a board of education or an
7intergovernmental agreement between or among boards of
8education, or by the board of directors or other governing
9body of a discrete legal entity already existing or
10established to operate the proposed charter school. The
11individuals or organizations referred to in this subsection
12may be school teachers, school administrators, local school
13councils, colleges or universities or their faculty members,
14public community colleges or their instructors or other
15representatives, corporations, or other entities or their
16representatives. The proposal shall be submitted to the local
17school board for consideration and, if appropriate, for
18development of a proposed contract to be submitted to the
19State Board for certification under Section 27A-6.
20    (c) The local school board may not without the consent of
21the governing body of the charter school condition its
22approval of a charter school proposal on acceptance of an
23agreement to operate under State laws and regulations and
24local school board policies from which the charter school is
25otherwise exempted under this Article.
26(Source: P.A. 103-175, eff. 6-30-23; 103-416, eff. 8-4-23;

 

 

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1revised 9-6-23.)
 
2    (105 ILCS 5/27A-11.5)
3    Sec. 27A-11.5. State financing. The State Board shall make
4the following funds available to school districts and charter
5schools:
6        (1) From a separate appropriation made to the State
7    Board for purposes of this subdivision (1), the State
8    Board shall make transition impact aid available to school
9    districts that approve a new charter school. The amount of
10    the aid shall equal 90% of the per capita funding paid to
11    the charter school during the first year of its initial
12    charter term, 65% of the per capita funding paid to the
13    charter school during the second year of its initial term,
14    and 35% of the per capita funding paid to the charter
15    school during the third year of its initial term. This
16    transition impact aid shall be paid to the local school
17    board in equal quarterly installments, with the payment of
18    the installment for the first quarter being made by August
19    1st immediately preceding the first, second, and third
20    years of the initial term. The district shall file an
21    application for this aid with the State Board in a format
22    designated by the State Board. If the appropriation is
23    insufficient in any year to pay all approved claims, the
24    impact aid shall be prorated.. If any funds remain after
25    these claims have been paid, then the State Board may pay

 

 

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1    all other approved claims on a pro rata basis. Transition
2    impact aid shall be paid for charter schools that are in
3    the first, second, or third year of their initial term.
4    Transition impact aid shall not be paid for any charter
5    school that is proposed and created by one or more boards
6    of education, as authorized under subsection (b) of
7    Section 27A-7.
8        (2) From a separate appropriation made for the purpose
9    of this subdivision (2), the State Board shall make grants
10    to charter schools to pay their start-up costs of
11    acquiring educational materials and supplies, textbooks,
12    electronic textbooks and the technological equipment
13    necessary to gain access to and use electronic textbooks,
14    furniture, and other equipment or materials needed during
15    their initial term. The State Board shall annually
16    establish the time and manner of application for these
17    grants, which shall not exceed $250 per student enrolled
18    in the charter school.
19        (3) The Charter Schools Revolving Loan Fund is created
20    as a special fund in the State treasury. Federal funds,
21    such other funds as may be made available for costs
22    associated with the establishment of charter schools in
23    Illinois, and amounts repaid by charter schools that have
24    received a loan from the Charter Schools Revolving Loan
25    Fund shall be deposited into the Charter Schools Revolving
26    Loan Fund, and the moneys in the Charter Schools Revolving

 

 

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1    Loan Fund shall be appropriated to the State Board and
2    used to provide interest-free loans to charter schools.
3    These funds shall be used to pay start-up costs of
4    acquiring educational materials and supplies, textbooks,
5    electronic textbooks and the technological equipment
6    necessary to gain access to and use electronic textbooks,
7    furniture, and other equipment or materials needed in the
8    initial term of the charter school and for acquiring and
9    remodeling a suitable physical plant, within the initial
10    term of the charter school. Loans shall be limited to one
11    loan per charter school and shall not exceed $750 per
12    student enrolled in the charter school. A loan shall be
13    repaid by the end of the initial term of the charter
14    school. The State Board may deduct amounts necessary to
15    repay the loan from funds due to the charter school or may
16    require that the local school board that authorized the
17    charter school deduct such amounts from funds due the
18    charter school and remit these amounts to the State Board,
19    provided that the local school board shall not be
20    responsible for repayment of the loan. The State Board may
21    use up to 3% of the appropriation to contract with a
22    non-profit entity to administer the loan program.
23        (4) A charter school may apply for and receive,
24    subject to the same restrictions applicable to school
25    districts, any grant administered by the State Board that
26    is available for school districts.

 

 

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1    If a charter school fails to make payments toward
2administrative costs, the State Board may withhold State funds
3from that school until it has made all payments for those
4costs.
5(Source: P.A. 103-175, eff. 6-30-23; revised 9-20-23.)
 
6    (105 ILCS 5/34-18.82)
7    Sec. 34-18.82. Trauma kit; trauma response training.
8    (a) In this Section, "trauma kit" means a first aid
9response kit that contains, at a minimum, all of the
10following:
11        (1) One tourniquet endorsed by the Committee on
12    Tactical Combat Casualty Care.
13        (2) One compression bandage.
14        (3) One hemostatic bleeding control dressing endorsed
15    by the Committee on Tactical Combat Casualty Care.
16        (4) Protective gloves and a marker.
17        (5) Scissors.
18        (6) Instructional documents developed by the Stop the
19    Bleed national awareness campaign of the United States
20    Department of Homeland Security or the American College of
21    Surgeons' Committee on Trauma, or both.
22        (7) Any other medical materials or equipment similar
23    to those described in paragraphs (1) through (3) or any
24    other items that (i) are approved by a local law
25    enforcement agency or first responders, (ii) can

 

 

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1    adequately treat a traumatic injury, and (iii) can be
2    stored in a readily available kit.
3    (b) The school district may maintain an on-site trauma kit
4at each school for bleeding emergencies.
5    (c) Products purchased for the trauma kit, including those
6products endorsed by the Committee on Tactical Combat Casualty
7Care, shall, whenever possible, be manufactured in the United
8States.
9    (d) At least once every 2 years, the board shall conduct
10in-service training for all school district employees on the
11methods to respond to trauma. The training must include
12instruction on how to respond to an incident involving
13life-threatening bleeding and, if applicable, how to use a
14school's trauma kit. The board may satisfy the training
15requirements under this subsection by using the training,
16including online training, available from the American College
17of Surgeons or any other similar organization.
18    School district employees who are trained to respond to
19trauma pursuant to this subsection (d) shall be immune from
20civil liability in the use of a trauma kit unless the action
21constitutes willful or wanton misconduct.
22(Source: P.A. 103-128, eff. 6-30-23.)
 
23    (105 ILCS 5/34-18.83)
24    Sec. 34-18.83 34-18.82. Subsequent teaching endorsements
25for employees.

 

 

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1    (a) Subsequent teaching endorsements may be granted to
2employees licensed under Article 21B of this Code for specific
3content areas and grade levels as part of a pilot program.
4    (b) The school district is authorized to prepare educators
5for subsequent teaching endorsements on licenses issued under
6paragraph (1) of Section 21B-20 of this Code to applicants who
7meet all of the requirements for the endorsement or
8endorsements, including passing any required content area
9knowledge tests. If seeking to provide subsequent
10endorsements, the school district must establish professional
11development sequences to be offered instead of coursework
12required for issuance of the subsequent endorsement and must
13apply for approval of these professional development sequences
14by the State Board of Education, in collaboration with the
15State Educator Preparation and Licensure Board. The
16professional development sequences under this Section shall
17include a comprehensive review of relevant State learning
18standards, the applicable State content-test framework, and,
19if applicable, relevant educator preparation standards.
20    (c) The State Board of Education shall adopt any rules
21necessary to implement this Section no later than June 30,
222024.
23(Source: P.A. 103-157, eff. 6-30-23; revised 8-30-23.)
 
24    (105 ILCS 5/34-18.84)
25    (This Section may contain text from a Public Act with a

 

 

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1delayed effective date)
2    Sec. 34-18.84 34-18.82. Community input on local
3assessments.
4    (a) As used in this Section, "district-administered
5assessment" means an assessment that requires all student test
6takers at any grade level to answer the same questions, or a
7selection of questions from a common bank of questions, in the
8same manner or substantially the same questions in the same
9manner. The term does not include an observational assessment
10tool used to satisfy the requirements of Section 2-3.64a-10 of
11this Code or an assessment developed by district teachers or
12administrators that will be used to measure student progress
13at an attendance center within the school district.
14    (b) Prior to approving a new contract for any
15district-administered assessment, the board must hold a public
16vote at a regular meeting of the board, at which the terms of
17the proposal must be substantially presented and an
18opportunity for allowing public comments must be provided,
19subject to applicable notice requirements. However, if the
20assessment being made available to review is subject to
21copyright, trademark, or other intellectual property
22protection, the review process shall include technical and
23procedural safeguards to ensure that the materials are not
24able to be widely disseminated to the general public in
25violation of the intellectual property rights of the publisher
26and to ensure content validity is not undermined.

 

 

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1(Source: P.A. 103-393, eff. 7-1-24; revised 8-30-23.)
 
2    (105 ILCS 5/34-84)  (from Ch. 122, par. 34-84)
3    Sec. 34-84. Appointments and promotions of teachers.
4Appointments and promotions of teachers shall be made for
5merit only, and after satisfactory service for a probationary
6period of 3 years with respect to probationary employees
7employed as full-time teachers in the public school system of
8the district before January 1, 1998 or on or after July 1, 2023
9and 4 years with respect to probationary employees who are
10first employed as full-time teachers in the public school
11system of the district on or after January 1, 1998 but before
12July 1, 2023, during which period the board may dismiss or
13discharge any such probationary employee upon the
14recommendation, accompanied by the written reasons therefor,
15of the general superintendent of schools and after which
16period appointments of teachers shall become permanent,
17subject to removal for cause in the manner provided by Section
1834-85.
19    For a probationary-appointed teacher in full-time service
20who is appointed on or after July 1, 2013 and who receives
21ratings of "excellent" during his or her first 3 school terms
22of full-time service, the probationary period shall be 3
23school terms of full-time service. For a
24probationary-appointed teacher in full-time service who is
25appointed on or after July 1, 2013 and who had previously

 

 

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1entered into contractual continued service in another school
2district in this State or a program of a special education
3joint agreement in this State, as defined in Section 24-11 of
4this Code, the probationary period shall be 2 school terms of
5full-time service, provided that (i) the teacher voluntarily
6resigned or was honorably dismissed from the prior district or
7program within the 3-month period preceding his or her
8appointment date, (ii) the teacher's last 2 ratings in the
9prior district or program were at least "proficient" and were
10issued after the prior district's or program's PERA
11implementation date, as defined in Section 24-11 of this Code,
12and (iii) the teacher receives ratings of "excellent" during
13his or her first 2 school terms of full-time service.
14    For a probationary-appointed teacher in full-time service
15who has not entered into contractual continued service after 2
16or 3 school terms of full-time service as provided in this
17Section, the probationary period shall be 3 school terms of
18full-time service, provided that the teacher holds a
19Professional Educator License and receives a rating of at
20least "proficient" in the last school term and a rating of at
21least "proficient" in either the second or third school term.
22    As used in this Section, "school term" means the school
23term established by the board pursuant to Section 10-19 of
24this Code, and "full-time service" means the teacher has
25actually worked at least 150 days during the school term. As
26used in this Article, "teachers" means and includes all

 

 

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1members of the teaching force excluding the general
2superintendent and principals.
3    There shall be no reduction in teachers because of a
4decrease in student membership or a change in subject
5requirements within the attendance center organization after
6the 20th day following the first day of the school year, except
7that: (1) this provision shall not apply to desegregation
8positions, special education positions, or any other positions
9funded by State or federal categorical funds, and (2) at
10attendance centers maintaining any of grades 9 through 12,
11there may be a second reduction in teachers on the first day of
12the second semester of the regular school term because of a
13decrease in student membership or a change in subject
14requirements within the attendance center organization.
15    A teacher Teachers who is are due to be evaluated in the
16last year before the teacher is they are set to retire shall be
17offered the opportunity to waive the their evaluation and to
18retain the teacher's their most recent rating, unless the
19teacher was last rated as "needs improvement" or
20"unsatisfactory". The school district may still reserve the
21right to evaluate a teacher provided the district gives notice
22to the teacher at least 14 days before the evaluation and a
23reason for evaluating the teacher.
24    The school principal shall make the decision in selecting
25teachers to fill new and vacant positions consistent with
26Section 34-8.1.

 

 

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1(Source: P.A. 103-85, eff. 6-9-23; 103-500, eff. 8-4-23;
2revised 9-6-23.)
 
3    Section 280. The Asbestos Abatement Act is amended by
4changing Section 10a as follows:
 
5    (105 ILCS 105/10a)  (from Ch. 122, par. 1410a)
6    Sec. 10a. Licensing. No inspector, management planner,
7project designer, project manager, air sampling professional,
8asbestos abatement contractor, worker or project supervisor
9may be employed as a response action contractor unless that
10individual or entity is licensed by the Department. Those
11individuals and entities wishing to be licensed shall make
12application on forms prescribed and furnished by the
13Department. A license shall expire annually according to a
14schedule determined by the Department. Applications for
15renewal of licenses shall be filed with the Department at
16least 30 days before the expiration date. When a licensure
17examination is required, the application for licensure shall
18be submitted to the Department at least 30 days prior to the
19date of the scheduled examination. The Department shall
20evaluate each application based on its minimum standards for
21licensure, promulgated as rules, and render a decision. Such
22standards may include a requirement for the successful
23completion of a course of training approved by the Department.
24If the Department denies the application, the applicant may

 

 

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1appeal such decision pursuant to the provisions of the
2"Administrative Review Law".
3    The Department, upon notification by the Illinois Workers'
4Compensation Commission or the Department of Insurance, shall
5refuse the issuance or renewal of a license to, or suspend or
6revoke the license of, any individual, corporation,
7partnership, or other business entity that has been found by
8the Illinois Workers' Compensation Commission or the
9Department of Insurance to have failed:
10        (a) to secure workers' compensation obligations in the
11    manner required by subsections (a) and (b) of Section 4 of
12    the Workers' Compensation Act;
13        (b) to pay in full a fine or penalty imposed by the
14    Illinois Workers' Compensation Commission or the
15    Department of Insurance due to a failure to secure
16    workers' compensation obligations in the manner required
17    by subsections (a) and (b) of Section 4 of the Workers'
18    Compensation Act; or
19        (c) to fulfill all obligations assumed pursuant to any
20    settlement reached with the Illinois Workers' Compensation
21    Commission or the Department of Insurance due to a failure
22    to secure workers' compensation obligations in the manner
23    required by subsections (a) and (b) of Section 4 of the
24    Workers' Compensation Act.
25    A complaint filed with the Department by the Illinois
26Workers' Compensation Commission or the Department of

 

 

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1Insurance that includes a certification, signed by its
2Director or Chairman, or the Director or Chairman's designee,
3attesting to a finding of the failure to secure workers'
4compensation obligations in the manner required by subsections
5(a) and (b) of Section 4 of the Workers' Compensation Act or
6the failure to pay any fines or penalties or to discharge any
7obligation under a settlement relating to the failure to
8secure workers' compensation obligations in the manner
9required by subsections (a) and (b) of Section 4 of the
10Workers' Compensation Act is prima facie evidence of the
11licensee's or applicant's failure to comply with subsections
12(a) and (b) of Section 4 of the Workers' Compensation Act. Upon
13receipt of that certification, the Department shall, without a
14hearing, immediately suspend all licenses held by the licensee
15or the processing of any application from the applicant.
16Enforcement of the Department's order shall be stayed for 60
17days. The Department shall provide notice of the suspension to
18the licensee by mailing a copy of the Department's order to the
19licensee's or applicant's address of record or emailing a copy
20of the order to the licensee's or applicant's email address of
21record. The notice shall advise the licensee or applicant that
22the suspension shall be effective 60 days after the issuance
23of the order unless the Department receives, from the licensee
24or applicant, a request for a hearing before the Department to
25dispute the matters contained in the order.
26    Upon receiving notice from the Illinois Workers'

 

 

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1Compensation Commission or the Department of Insurance that
2the violation has been corrected or otherwise resolved, the
3Department shall vacate the order suspending a licensee's
4license or the processing of an applicant's application.
5    No license shall be suspended or revoked until after the
6licensee is afforded any due process protection guaranteed by
7statute or rule adopted by the Illinois Workers' Compensation
8Commission or the Department of Insurance.
9(Source: P.A. 103-26, eff. 1-1-24; revised 1-2-24.)
 
10    Section 285. The Critical Health Problems and
11Comprehensive Health Education Act is amended by changing
12Section 3 as follows:
 
13    (105 ILCS 110/3)
14    Sec. 3. Comprehensive Health Education Program. The
15program established under this Act shall include, but not be
16limited to, the following major educational areas as a basis
17for curricula in all elementary and secondary schools in this
18State: human ecology and health; human growth and development;
19the emotional, psychological, physiological, hygienic, and
20social responsibilities of family life, including sexual
21abstinence until marriage; the prevention and control of
22disease, including instruction in grades 6 through 12 on the
23prevention, transmission, and spread of AIDS; age-appropriate
24sexual abuse and assault awareness and prevention education in

 

 

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1grades pre-kindergarten through 12; public and environmental
2health; consumer health; safety education and disaster
3survival; mental health and illness; personal health habits;
4alcohol and drug use and abuse, including the medical and
5legal ramifications of alcohol, drug, and tobacco use; abuse
6during pregnancy; evidence-based and medically accurate
7information regarding sexual abstinence; tobacco and
8e-cigarettes and other vapor devices; nutrition; and dental
9health. The instruction on mental health and illness must
10evaluate the multiple dimensions of health by reviewing the
11relationship between physical and mental health so as to
12enhance student understanding, attitudes, and behaviors that
13promote health, well-being, and human dignity and must include
14how and where to find mental health resources and specialized
15treatment in the State. The program shall also provide course
16material and instruction to advise pupils of the Abandoned
17Newborn Infant Protection Act. The program shall include
18information about cancer, including, without limitation, types
19of cancer, signs and symptoms, risk factors, the importance of
20early prevention and detection, and information on where to go
21for help. Notwithstanding the above educational areas, the
22following areas may also be included as a basis for curricula
23in all elementary and secondary schools in this State: basic
24first aid (including, but not limited to, cardiopulmonary
25resuscitation and the Heimlich maneuver), heart disease,
26diabetes, stroke, the prevention of child abuse, neglect, and

 

 

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1suicide, and teen dating violence in grades 7 through 12.
2Beginning with the 2014-2015 school year, training on how to
3properly administer cardiopulmonary resuscitation (which
4training must be in accordance with standards of the American
5Red Cross, the American Heart Association, or another
6nationally recognized certifying organization) and how to use
7an automated external defibrillator shall be included as a
8basis for curricula in all secondary schools in this State.
9    Beginning with the 2024-2025 school year in grades 9
10through 12, the program shall include instruction, study, and
11discussion on the dangers of allergies. Information for the
12instruction, study, and discussion shall come from information
13provided by the Department of Public Health and the federal
14Centers for Disease Control and Prevention. This instruction,
15study, and discussion shall include, at a minimum:
16        (1) recognizing the signs and symptoms of an allergic
17    reaction, including anaphylaxis;
18        (2) the steps to take to prevent exposure to
19    allergens; and
20        (3) safe emergency epinephrine administration.
21    The school board of each public elementary and secondary
22school in the State shall encourage all teachers and other
23school personnel to acquire, develop, and maintain the
24knowledge and skills necessary to properly administer
25life-saving techniques, including, without limitation, the
26Heimlich maneuver and rescue breathing. The training shall be

 

 

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1in accordance with standards of the American Red Cross, the
2American Heart Association, or another nationally recognized
3certifying organization. A school board may use the services
4of non-governmental entities whose personnel have expertise in
5life-saving techniques to instruct teachers and other school
6personnel in these techniques. Each school board is encouraged
7to have in its employ, or on its volunteer staff, at least one
8person who is certified, by the American Red Cross or by
9another qualified certifying agency, as qualified to
10administer first aid and cardiopulmonary resuscitation. In
11addition, each school board is authorized to allocate
12appropriate portions of its institute or inservice days to
13conduct training programs for teachers and other school
14personnel who have expressed an interest in becoming qualified
15to administer emergency first aid or cardiopulmonary
16resuscitation. School boards are urged to encourage their
17teachers and other school personnel who coach school athletic
18programs and other extracurricular school activities to
19acquire, develop, and maintain the knowledge and skills
20necessary to properly administer first aid and cardiopulmonary
21resuscitation in accordance with standards and requirements
22established by the American Red Cross or another qualified
23certifying agency. Subject to appropriation, the State Board
24of Education shall establish and administer a matching grant
25program to pay for half of the cost that a school district
26incurs in training those teachers and other school personnel

 

 

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1who express an interest in becoming qualified to administer
2cardiopulmonary resuscitation (which training must be in
3accordance with standards of the American Red Cross, the
4American Heart Association, or another nationally recognized
5certifying organization) or in learning how to use an
6automated external defibrillator. A school district that
7applies for a grant must demonstrate that it has funds to pay
8half of the cost of the training for which matching grant money
9is sought. The State Board of Education shall award the grants
10on a first-come, first-serve basis.
11    No pupil shall be required to take or participate in any
12class or course on AIDS or family life instruction or to
13receive training on how to properly administer cardiopulmonary
14resuscitation or how to use an automated external
15defibrillator if his or her parent or guardian submits written
16objection thereto, and refusal to take or participate in the
17course or program or the training shall not be reason for
18suspension or expulsion of the pupil.
19    Curricula developed under programs established in
20accordance with this Act in the major educational area of
21alcohol and drug use and abuse shall include classroom
22instruction in grades 5 through 12. The instruction, which
23shall include matters relating to both the physical and legal
24effects and ramifications of drug and substance abuse, shall
25be integrated into existing curricula; and the State Board of
26Education shall develop and make available to all elementary

 

 

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1and secondary schools in this State instructional materials
2and guidelines which will assist the schools in incorporating
3the instruction into their existing curricula. In addition,
4school districts may offer, as part of existing curricula
5during the school day or as part of an after-school after
6school program, support services and instruction for pupils or
7pupils whose parent, parents, or guardians are chemically
8dependent. Curricula developed under programs established in
9accordance with this Act in the major educational area of
10alcohol and drug use and abuse shall include the instruction,
11study, and discussion required under subsection (c) of Section
1227-13.2 of the School Code.
13(Source: P.A. 102-464, eff. 8-20-21; 102-558, eff. 8-20-21;
14102-1034, eff. 1-1-23; 103-212, eff. 1-1-24; 103-365, eff.
151-1-24; revised 12-12-23.)
 
16    Section 290. The School Safety Drill Act is amended by
17setting forth, renumbering, and changing multiple versions of
18Section 50 as follows:
 
19    (105 ILCS 128/50)
20    Sec. 50. Crisis response mapping data grants.
21    (a) Subject to appropriation, a public school district, a
22charter school, a special education cooperative or district,
23an education for employment system, a State-approved area
24career center, a public university laboratory school, the

 

 

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1Illinois Mathematics and Science Academy, the Department of
2Juvenile Justice School District, a regional office of
3education, the Illinois School for the Deaf, the Illinois
4School for the Visually Impaired, the Philip J. Rock Center
5and School, an early childhood or preschool program supported
6by the Early Childhood Block Grant, or any other public school
7entity designated by the State Board of Education by rule, may
8apply to the State Board of Education or the State Board of
9Education or the State Board's designee for a grant to obtain
10crisis response mapping data and to provide copies of the
11crisis response mapping data to appropriate local, county,
12State, and federal first responders for use in response to
13emergencies. The crisis response mapping data shall be stored
14and provided in an electronic or digital format to assist
15first responders in responding to emergencies at the school.
16    (b) Subject to appropriation, including funding for any
17administrative costs reasonably incurred by the State Board of
18Education or the State Board's designee in the administration
19of the grant program described by this Section, the State
20Board shall provide grants to any entity in subsection (a)
21upon approval of an application submitted by the entity to
22cover the costs incurred in obtaining crisis response mapping
23data under this Section. The grant application must include
24crisis response mapping data for all schools under the
25jurisdiction of the entity submitting the application,
26including, in the case of a public school district, any

 

 

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1charter schools authorized by the school board for the school
2district.
3    (c) To be eligible for a grant under this Section, the
4crisis response mapping data must, at a minimum:
5        (1) be compatible and integrate into security software
6    platforms in use by the specific school for which the data
7    is provided without requiring local law enforcement
8    agencies or the school district to purchase additional
9    software or requiring the integration of third-party
10    software to view the data;
11        (2) be compatible with security software platforms in
12    use by the specific school for which the data is provided
13    without requiring local public safety agencies or the
14    school district to purchase additional software or
15    requiring the integration of third-party software to view
16    the data;
17        (3) be capable of being provided in a printable
18    format;
19        (4) be verified for accuracy by an on-site
20    walk-through of the school building and grounds;
21        (5) be oriented to true north;
22        (6) be overlaid on current aerial imagery or plans of
23    the school building;
24        (7) contain site-specific labeling that matches the
25    structure of the school building, including room labels,
26    hallway names, and external door or stairwell numbers and

 

 

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1    the location of hazards, critical utilities, key boxes,
2    automated external defibrillators, and trauma kits, and
3    that matches the school grounds, including parking areas,
4    athletic fields, surrounding roads, and neighboring
5    properties; and
6        (8) be overlaid with gridded x/y coordinates.
7    (d) Subject to appropriation, the crisis response mapping
8data may be reviewed annually to update the data as necessary.
9    (e) Crisis response mapping data obtained pursuant to this
10Section are confidential and exempt from disclosure under the
11Freedom of Information Act.
12    (f) The State Board may adopt rules to implement the
13provisions of this Section.
14(Source: P.A. 103-8, eff. 6-7-23; revised 1-20-24.)
 
15    (105 ILCS 128/55)
16    Sec. 55 50. Rapid entry. A school building's emergency and
17crisis response plan, protocol, and procedures shall include a
18plan for local law enforcement to rapidly enter a school
19building in the event of an emergency.
20(Source: P.A. 103-194, eff. 1-1-24; revised 1-2-24.)
 
21    Section 295. The University of Illinois Act is amended by
22changing Section 115 as follows:
 
23    (110 ILCS 305/115)

 

 

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1    (Section scheduled to be repealed on January 1, 2025)
2    Sec. 115. Water rates report.
3    (a) Subject to appropriation, no later than June 30, 2023,
4the Government Finance Research Center at the University of
5Illinois at Chicago, in coordination with an intergovernmental
6advisory committee, must issue a report evaluating the setting
7of water rates throughout the Lake Michigan service area of
8northeastern Illinois and, no later than December 31, 2024,
9for the remainder of Illinois. The report must provide
10recommendations for policy and regulatory needs at the State
11and local level based on its findings. The report shall, at a
12minimum, address all of the following areas:
13        (1) The components of a water bill.
14        (2) Reasons for increases in water rates.
15        (3) The definition of affordability throughout the
16    State and any variances to that definition.
17        (4) Evidence of rate-setting that utilizes
18    inappropriate practices.
19        (5) The extent to which State or local policies drive
20    cost increases or variations in rate-settings.
21        (6) Challenges within economically disadvantaged
22    communities in setting water rates.
23        (7) Opportunities for increased intergovernmental
24    coordination for setting equitable water rates.
25    (b) In developing the report under this Section, the
26Government Finance Research Center shall form an advisory

 

 

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1committee, which shall be composed of all of the following
2members:
3        (1) The Director of the Environmental Protection
4    Agency, or his or her designee.
5        (2) The Director of Natural Resources, or his or her
6    designee.
7        (3) The Director of Commerce and Economic Opportunity,
8    or his or her designee.
9        (4) The Attorney General, or his or her designee.
10        (5) At least 2 members who are representatives of
11    private water utilities operating in Illinois, appointed
12    by the Director of the Government Finance Research Center.
13        (6) At least 4 members who are representatives of
14    municipal water utilities, appointed by the Director of
15    the Government Finance Research Center.
16        (7) One member who is a representative of an
17    environmental justice advocacy organization, appointed by
18    the Director of the Government Finance Research Center.
19        (8) One member who is a representative of a consumer
20    advocacy organization, appointed by the Director of the
21    Government Finance Research Center.
22        (9) One member who is a representative of an
23    environmental planning organization that serves
24    northeastern Illinois, appointed by the Director of the
25    Government Finance Research Center.
26        (10) The Director of the Illinois State Water Survey,

 

 

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1    or his or her designee.
2        (11) The Chairperson of the Illinois Commerce
3    Commission, or his or her designee.
4    (c) After all members are appointed, the committee shall
5hold its first meeting at the call of the Director of the
6Government Finance Research Center, at which meeting the
7members shall select a chairperson from among themselves.
8After its first meeting, the committee shall meet at the call
9of the chairperson. Members of the committee shall serve
10without compensation but may be reimbursed for their
11reasonable and necessary expenses incurred in performing their
12duties. The Government Finance Research Center shall provide
13administrative and other support to the committee.
14    (d) (Blank.).
15    (e) This Section is repealed on January 1, 2025.
16(Source: P.A. 102-507, eff. 8-20-21; 102-558, eff. 8-20-21;
17103-4, eff. 5-31-23; revised 9-20-23.)
 
18    Section 300. The University of Illinois Hospital Act is
19amended by setting forth, renumbering, and changing multiple
20versions of Section 8h as follows:
 
21    (110 ILCS 330/8h)
22    Sec. 8h. Maternal milk donation education.
23    (a) To ensure an adequate supply of pasteurized donor
24human milk for premature infants in Illinois, the University

 

 

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1of Illinois Hospital shall provide information and
2instructional materials to parents of each newborn, upon
3discharge from the University of Illinois Hospital, regarding
4the option to voluntarily donate milk to nonprofit non-profit
5milk banks that are accredited by the Human Milk Banking
6Association of North America or its successor organization.
7The materials shall be provided free of charge and shall
8include general information regarding nonprofit non-profit
9milk banking practices and contact information for area
10nonprofit milk banks that are accredited by the Human Milk
11Banking Association of North America.
12    (b) The information and instructional materials described
13in subsection (a) may be provided electronically.
14    (c) Nothing in this Section prohibits the University of
15Illinois Hospital from obtaining free and suitable information
16on voluntary milk donation from the Human Milk Banking
17Association of North America, or its successor organization,
18or their accredited members.
19(Source: P.A. 103-160, eff. 1-1-24; revised 9-26-23.)
 
20    (110 ILCS 330/8i)
21    Sec. 8i 8h. Emergency room treatment; delay of treatment
22prohibition. Notwithstanding any provision of law to the
23contrary, the University of Illinois Hospital, in accordance
24with Section 1395dd(a) and 1395dd(b) of the Social Security
25Act, shall not delay provisions of a required appropriate

 

 

HB4844 Engrossed- 1131 -LRB103 39009 AMC 69146 b

1medical screening examination or further medical examination
2and treatment for a patient in a University of Illinois
3Hospital emergency room in order to inquire about the
4individual's method of payment or insurance status.
5(Source: P.A. 103-213, eff. 1-1-24; revised 1-2-24.)
 
6    Section 305. The Underserved Health Care Provider
7Workforce Act is amended by changing Section 3.09 as follows:
 
8    (110 ILCS 935/3.09)
9    Sec. 3.09. Eligible health care provider. "Eligible health
10care provider" means a primary care physician, general
11surgeon, emergency medicine physician, obstetrician,
12chiropractic physician, anesthesiologist, advanced practice
13registered nurse, or physician assistant who accepts Medicaid,
14Medicare, the State's Children's Health Insurance Program,
15private insurance, and self-pay.
16(Source: P.A. 102-888, eff. 5-17-22; 103-219, eff. 1-1-24;
17103-507, eff. 1-1-24; revised 9-5-23.)
 
18    Section 310. The Higher Education Student Assistance Act
19is amended by changing Sections 65.100 and 67 as follows:
 
20    (110 ILCS 947/65.100)
21    Sec. 65.100. AIM HIGH Grant Program.
22    (a) The General Assembly makes all of the following

 

 

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1findings:
2        (1) Both access and affordability are important
3    aspects of the Illinois Public Agenda for College and
4    Career Success report.
5        (2) This State is in the top quartile with respect to
6    the percentage of family income needed to pay for college.
7        (3) Research suggests that as loan amounts increase,
8    rather than an increase in grant amounts, the probability
9    of college attendance decreases.
10        (4) There is further research indicating that
11    socioeconomic status may affect the willingness of
12    students to use loans to attend college.
13        (5) Strategic use of tuition discounting can decrease
14    the amount of loans that students must use to pay for
15    tuition.
16        (6) A modest, individually tailored tuition discount
17    can make the difference in a student choosing to attend
18    college and enhance college access for low-income and
19    middle-income families.
20        (7) Even if the federally calculated financial need
21    for college attendance is met, the federally determined
22    Expected Family Contribution can still be a daunting
23    amount.
24        (8) This State is the second largest exporter of
25    students in the country.
26        (9) When talented Illinois students attend

 

 

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1    universities in this State, the State and those
2    universities benefit.
3        (10) State universities in other states have adopted
4    pricing and incentives that allow many Illinois residents
5    to pay less to attend an out-of-state university than to
6    remain in this State for college.
7        (11) Supporting Illinois student attendance at
8    Illinois public universities can assist in State efforts
9    to maintain and educate a highly trained workforce.
10        (12) Modest tuition discounts that are individually
11    targeted and tailored can result in enhanced revenue for
12    public universities.
13        (13) By increasing a public university's capacity to
14    strategically use tuition discounting, the public
15    university will be capable of creating enhanced tuition
16    revenue by increasing enrollment yields.
17    (b) In this Section:
18    "Eligible applicant" means a student from any high school
19in this State, whether or not recognized by the State Board of
20Education, who is engaged in a program of study that in due
21course will be completed by the end of the school year and who
22meets all of the qualifications and requirements under this
23Section.
24    "Tuition and other necessary fees" includes the customary
25charge for instruction and use of facilities in general and
26the additional fixed fees charged for specified purposes that

 

 

HB4844 Engrossed- 1134 -LRB103 39009 AMC 69146 b

1are required generally of non-grant recipients for each
2academic period for which the grant applicant actually
3enrolls, but does not include fees payable only once or
4breakage fees and other contingent deposits that are
5refundable in whole or in part. The Commission may adopt, by
6rule not inconsistent with this Section, detailed provisions
7concerning the computation of tuition and other necessary
8fees.
9    (c) Beginning with the 2019-2020 academic year, each
10public university may establish a merit-based scholarship
11program known as the AIM HIGH Grant Program. Each year, the
12Commission shall receive and consider applications from public
13universities under this Section. Each participating public
14university shall indicate that grants under the program come
15from AIM HIGH and shall use the words "AIM HIGH" in the name of
16any grant under the program and in any published or posted
17materials about the program. Subject to appropriation and any
18tuition waiver limitation established by the Board of Higher
19Education, a public university campus may award a grant to a
20student under this Section if it finds that the applicant
21meets all of the following criteria:
22        (1) He or she is a resident of this State and a citizen
23    or eligible noncitizen of the United States.
24        (2) He or she files a Free Application for Federal
25    Student Aid and demonstrates financial need with a
26    household income no greater than 8 times the poverty

 

 

HB4844 Engrossed- 1135 -LRB103 39009 AMC 69146 b

1    guidelines updated periodically in the Federal Register by
2    the U.S. Department of Health and Human Services under the
3    authority of 42 U.S.C. 9902(2). The household income of
4    the applicant at the time of initial application shall be
5    deemed to be the household income of the applicant for the
6    duration of the program.
7        (3) He or she meets the minimum cumulative grade point
8    average or ACT or SAT college admissions test score, as
9    determined by the public university campus.
10        (4) He or she is enrolled in a public university as an
11    undergraduate student on a full-time basis.
12        (5) He or she has not yet received a baccalaureate
13    degree or the equivalent of 135 semester credit hours.
14        (6) He or she is not incarcerated.
15        (7) He or she is not in default on any student loan or
16    does not owe a refund or repayment on any State or federal
17    grant or scholarship.
18        (8) Any other reasonable criteria, as determined by
19    the public university campus.
20    Each public university campus shall allow qualified
21full-time undergraduate students to apply for a grant, but may
22choose to allow qualified part-time undergraduate students who
23are enrolling in their final semester at the public university
24campus to also apply.
25    (d) Each public university campus shall determine grant
26renewal criteria consistent with the requirements under this

 

 

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1Section.
2    (e) Each participating public university campus shall post
3on its Internet website criteria and eligibility requirements
4for receiving awards that use funds under this Section that
5include a range in the sizes of these individual awards. The
6criteria and amounts must also be reported to the Commission
7and the Board of Higher Education, who shall post the
8information on their respective Internet websites.
9    (f) After enactment of an appropriation for this Program,
10the Commission shall determine an allocation of funds to each
11public university in an amount proportionate to the number of
12undergraduate students who are residents of this State and
13citizens or eligible noncitizens of the United States and who
14were enrolled at each public university campus in the previous
15academic year. All applications must be made to the Commission
16on or before a date determined by the Commission and on forms
17that the Commission shall provide to each public university
18campus. The form of the application and the information
19required shall be determined by the Commission and shall
20include, without limitation, the total public university
21campus funds used to match funds received from the Commission
22in the previous academic year under this Section, if any, the
23total enrollment of undergraduate students who are residents
24of this State from the previous academic year, and any
25supporting documents as the Commission deems necessary. Each
26public university campus shall match the amount of funds

 

 

HB4844 Engrossed- 1137 -LRB103 39009 AMC 69146 b

1received by the Commission with financial aid for eligible
2students.
3    A public university in which an average of at least 49% of
4the students seeking a bachelor's degree or certificate
5received a Pell Grant over the prior 3 academic years, as
6reported to the Commission, shall match 35% of the amount of
7funds awarded in a given academic year with non-loan financial
8aid for eligible students. A public university in which an
9average of less than 49% of the students seeking a bachelor's
10degree or certificate received a Pell Grant over the prior 3
11academic years, as reported to the Commission, shall match 70%
12of the amount of funds awarded in a given academic year with
13non-loan financial aid for eligible students.
14    A public university campus is not required to claim its
15entire allocation. The Commission shall make available to all
16public universities, on a date determined by the Commission,
17any unclaimed funds and the funds must be made available to
18those public university campuses in the proportion determined
19under this subsection (f), excluding from the calculation
20those public university campuses not claiming their full
21allocations.
22    Each public university campus may determine the award
23amounts for eligible students on an individual or broad basis,
24but, subject to renewal eligibility, each renewed award may
25not be less than the amount awarded to the eligible student in
26his or her first year attending the public university campus.

 

 

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1Notwithstanding this limitation, a renewal grant may be
2reduced due to changes in the student's cost of attendance,
3including, but not limited to, if a student reduces the number
4of credit hours in which he or she is enrolled, but remains a
5full-time student, or switches to a course of study with a
6lower tuition rate.
7    An eligible applicant awarded grant assistance under this
8Section is eligible to receive other financial aid. Total
9grant aid to the student from all sources may not exceed the
10total cost of attendance at the public university campus.
11    (g) All money allocated to a public university campus
12under this Section may be used only for financial aid purposes
13for students attending the public university campus during the
14academic year, not including summer terms. Notwithstanding any
15other provision of law to the contrary, any funds received by a
16public university campus under this Section that are not
17granted to students in the academic year for which the funds
18are received may be retained by the public university campus
19for expenditure on students participating in the Program or
20students eligible to participate in the Program.
21    (h) Each public university campus that establishes a
22Program under this Section must annually report to the
23Commission, on or before a date determined by the Commission,
24the number of undergraduate students enrolled at that campus
25who are residents of this State.
26    (i) Each public university campus must report to the

 

 

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1Commission the total non-loan financial aid amount given by
2the public university campus to undergraduate students in the
32017-2018 academic year or the 2021-2022 academic year, not
4including the summer terms. To be eligible to receive funds
5under the Program, a public university campus may not decrease
6the total amount of non-loan financial aid it gives to
7undergraduate students, not including any funds received from
8the Commission under this Section or any funds used to match
9grant awards under this Section, to an amount lower than the
10amount reported under this subsection (i) for the 2017-2018
11academic year or the 2021-2022 academic year, whichever is
12less, not including the summer terms.
13    (j) On or before a date determined by the Commission, each
14public university campus that participates in the Program
15under this Section shall annually submit a report to the
16Commission with all of the following information:
17        (1) The Program's impact on tuition revenue and
18    enrollment goals and increase in access and affordability
19    at the public university campus.
20        (2) Total funds received by the public university
21    campus under the Program.
22        (3) Total non-loan financial aid awarded to
23    undergraduate students attending the public university
24    campus.
25        (4) Total amount of funds matched by the public
26    university campus.

 

 

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1        (5) Total amount of claimed and unexpended funds
2    retained by the public university campus.
3        (6) The percentage of total financial aid distributed
4    under the Program by the public university campus.
5        (7) The total number of students receiving grants from
6    the public university campus under the Program and those
7    students' grade level, race, gender, income level, family
8    size, Monetary Award Program eligibility, Pell Grant
9    eligibility, and zip code of residence and the amount of
10    each grant award. This information shall include unit
11    record data on those students regarding variables
12    associated with the parameters of the public university's
13    Program, including, but not limited to, a student's ACT or
14    SAT college admissions test score, high school or
15    university cumulative grade point average, or program of
16    study.
17    On or before October 1, 2020 and annually on or before
18October 1 through 2024, the Commission shall submit a report
19with the findings under this subsection (j) and any other
20information regarding the AIM HIGH Grant Program to (i) the
21Governor, (ii) the Speaker of the House of Representatives,
22(iii) the Minority Leader of the House of Representatives,
23(iv) the President of the Senate, and (v) the Minority Leader
24of the Senate. The reports to the General Assembly shall be
25filed with the Clerk of the House of Representatives and the
26Secretary of the Senate in electronic form only, in the manner

 

 

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1that the Clerk and the Secretary shall direct. The
2Commission's report may not disaggregate data to a level that
3may disclose personally identifying information of individual
4students.
5    The sharing and reporting of student data under this
6subsection (j) must be in accordance with the requirements
7under the federal Family Educational Rights and Privacy Act of
81974 and the Illinois School Student Records Act. All parties
9must preserve the confidentiality of the information as
10required by law. The names of the grant recipients under this
11Section are not subject to disclosure under the Freedom of
12Information Act.
13    Public university campuses that fail to submit a report
14under this subsection (j) or that fail to adhere to any other
15requirements under this Section may not be eligible for
16distribution of funds under the Program for the next academic
17year, but may be eligible for distribution of funds for each
18academic year thereafter.
19    (k) The Commission shall adopt rules to implement this
20Section.
21    (l) (Blank).
22(Source: P.A. 103-8, eff. 6-7-23; 103-516, eff. 8-11-23;
23revised 9-6-23.)
 
24    (110 ILCS 947/67)
25    Sec. 67. Illinois DREAM Fund Commission.

 

 

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1    (a) The Illinois Student Assistance Commission shall
2establish an Illinois DREAM Fund Commission. The Governor
3shall appoint, with the advice and consent of the Senate,
4members to the Illinois DREAM Fund Commission, which shall be
5comprised of 9 members representing the geographic and ethnic
6diversity of this State, including students, college and
7university administrators and faculty, and other individuals
8committed to advancing the educational opportunities of the
9children of immigrants.
10    (b) The Illinois DREAM Fund Commission is charged with all
11of the following responsibilities:
12        (1) Administering this Section and raising funds for
13    the Illinois DREAM Fund.
14        (2) Establishing a not-for-profit entity charged with
15    raising funds for the administration of this Section, any
16    educational or training programs the Commission is tasked
17    with administering, and funding scholarships to students
18    who are the children of immigrants to the United States.
19        (3) Publicizing the availability of scholarships from
20    the Illinois DREAM Fund.
21        (4) Selecting the recipients of scholarships funded
22    through the Illinois DREAM Fund.
23        (5) Researching issues pertaining to the availability
24    of assistance with the costs of higher education for the
25    children of immigrants and other issues regarding access
26    for and the performance of the children of immigrants

 

 

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1    within higher education.
2        (6) Overseeing implementation of the other provisions
3    of Public Act 97-233 this amendatory Act of the 97th
4    General Assembly.
5        (7) Establishing and administering training programs
6    for high school counselors and counselors, admissions
7    officers, and financial aid officers of public
8    institutions of higher education. The training programs
9    shall instruct participants on the educational
10    opportunities available to college-bound students who are
11    the children of immigrants, including, but not limited to,
12    in-state tuition and scholarship programs. The Illinois
13    DREAM Fund Commission may also establish a public
14    awareness campaign regarding educational opportunities
15    available to college bound students who are the children
16    of immigrants.
17    The Illinois DREAM Fund Commission shall establish, by
18rule, procedures for accepting and evaluating applications for
19scholarships from the children of immigrants and issuing
20scholarships to selected student applicants.
21    (c) To receive a scholarship under this Section, a student
22must meet all of the following qualifications:
23        (1) Have resided with his or her parents or guardian
24    while attending a public or private high school in this
25    State.
26        (2) Have graduated from a public or private high

 

 

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1    school or received the equivalent of a high school diploma
2    in this State.
3        (3) Have attended school in this State for at least 3
4    years as of the date he or she graduated from high school
5    or received the equivalent of a high school diploma.
6        (4) Have at least one parent who immigrated to the
7    United States.
8    (d) The Illinois Student Assistance Commission shall
9establish an Illinois DREAM Fund to provide scholarships under
10this Section. The Illinois DREAM Fund shall be funded entirely
11from private contributions, gifts, grants, awards, and
12proceeds from the scratch-off created in Section 21.16 of the
13Illinois Lottery Law.
14    (e) The Illinois DREAM Fund Commission shall develop a
15comprehensive program, including creation of informational
16materials and a marketing plan, to educate people in the State
17of Illinois about the purpose and benefits of contributions
18made to the Illinois DREAM Fund. The Illinois DREAM Fund
19Commission shall develop specific marketing materials for the
20voluntary use by persons licensed pursuant to the Transmitters
21of Money Act.
22(Source: P.A. 103-338, eff. 7-28-23; 103-381, eff. 7-28-23;
23revised 9-6-23.)
 
24    Section 315. The Illinois Educational Labor Relations Act
25is amended by changing Section 2 as follows:
 

 

 

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1    (115 ILCS 5/2)  (from Ch. 48, par. 1702)
2    Sec. 2. Definitions. As used in this Act:
3    (a) "Educational employer" or "employer" means the
4governing body of a public school district, including the
5governing body of a charter school established under Article
627A of the School Code or of a contract school or contract
7turnaround school established under paragraph 30 of Section
834-18 of the School Code, combination of public school
9districts, including the governing body of joint agreements of
10any type formed by 2 or more school districts, public
11community college district or State college or university, a
12subcontractor of instructional services of a school district
13(other than a school district organized under Article 34 of
14the School Code), combination of school districts, charter
15school established under Article 27A of the School Code, or
16contract school or contract turnaround school established
17under paragraph 30 of Section 34-18 of the School Code, an
18Independent Authority created under Section 2-3.25f-5 of the
19School Code, and any State agency whose major function is
20providing educational services. "Educational employer" or
21"employer" does not include (1) a Financial Oversight Panel
22created pursuant to Section 1A-8 of the School Code due to a
23district violating a financial plan or (2) an approved
24nonpublic special education facility that contracts with a
25school district or combination of school districts to provide

 

 

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1special education services pursuant to Section 14-7.02 of the
2School Code, but does include a School Finance Authority
3created under Article 1E of the School Code and a Financial
4Oversight Panel created under Article 1B or 1H of the School
5Code. The change made by Public Act 96-104 this amendatory Act
6of the 96th General Assembly to this paragraph (a) to make
7clear that the governing body of a charter school is an
8"educational employer" is declaratory of existing law.
9    (b) "Educational employee" or "employee" means any
10individual, excluding supervisors, managerial, confidential,
11short term employees, student, and part-time academic
12employees of community colleges employed full or part time by
13an educational employer, but shall not include elected
14officials and appointees of the Governor with the advice and
15consent of the Senate, firefighters as defined by subsection
16(g-1) of Section 3 of the Illinois Public Labor Relations Act,
17and peace officers employed by a State university. However,
18with respect to an educational employer of a school district
19organized under Article 34 of the School Code, a supervisor
20shall be considered an educational employee under this
21definition unless the supervisor is also a managerial
22employee. For the purposes of this Act, part-time academic
23employees of community colleges shall be defined as those
24employees who provide less than 3 credit hours of instruction
25per academic semester. In this subsection (b), the term
26"student" does not include graduate students who are research

 

 

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1assistants primarily performing duties that involve research,
2graduate assistants primarily performing duties that are
3pre-professional, graduate students who are teaching
4assistants primarily performing duties that involve the
5delivery and support of instruction, or any other graduate
6assistants.
7    (c) "Employee organization" or "labor organization" means
8an organization of any kind in which membership includes
9educational employees, and which exists for the purpose, in
10whole or in part, of dealing with employers concerning
11grievances, employee-employer disputes, wages, rates of pay,
12hours of employment, or conditions of work, but shall not
13include any organization which practices discrimination in
14membership because of race, color, creed, age, gender,
15national origin or political affiliation.
16    (d) "Exclusive representative" means the labor
17organization which has been designated by the Illinois
18Educational Labor Relations Board as the representative of the
19majority of educational employees in an appropriate unit, or
20recognized by an educational employer prior to January 1, 1984
21as the exclusive representative of the employees in an
22appropriate unit or, after January 1, 1984, recognized by an
23employer upon evidence that the employee organization has been
24designated as the exclusive representative by a majority of
25the employees in an appropriate unit.
26    (e) "Board" means the Illinois Educational Labor Relations

 

 

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1Board.
2    (f) "Regional Superintendent" means the regional
3superintendent of schools provided for in Articles 3 and 3A of
4The School Code.
5    (g) "Supervisor" means any individual having authority in
6the interests of the employer to hire, transfer, suspend, lay
7off, recall, promote, discharge, reward or discipline other
8employees within the appropriate bargaining unit and adjust
9their grievances, or to effectively recommend such action if
10the exercise of such authority is not of a merely routine or
11clerical nature but requires the use of independent judgment.
12The term "supervisor" includes only those individuals who
13devote a preponderance of their employment time to such
14exercising authority.
15    (h) "Unfair labor practice" or "unfair practice" means any
16practice prohibited by Section 14 of this Act.
17    (i) "Person" includes an individual, educational employee,
18educational employer, legal representative, or employee
19organization.
20    (j) "Wages" means salaries or other forms of compensation
21for services rendered.
22    (k) "Professional employee" means, in the case of a public
23community college, State college or university, State agency
24whose major function is providing educational services, the
25Illinois School for the Deaf, and the Illinois School for the
26Visually Impaired, (1) any employee engaged in work (i)

 

 

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1predominantly intellectual and varied in character as opposed
2to routine mental, manual, mechanical, or physical work; (ii)
3involving the consistent exercise of discretion and judgment
4in its performance; (iii) of such character that the output
5produced or the result accomplished cannot be standardized in
6relation to a given period of time; and (iv) requiring
7knowledge of an advanced type in a field of science or learning
8customarily acquired by a prolonged course of specialized
9intellectual instruction and study in an institution of higher
10learning or a hospital, as distinguished from a general
11academic education or from an apprenticeship or from training
12in the performance of routine mental, manual, or physical
13processes; or (2) any employee, who (i) has completed the
14courses of specialized intellectual instruction and study
15described in clause (iv) of paragraph (1) of this subsection,
16and (ii) is performing related work under the supervision of a
17professional person to qualify himself or herself to become a
18professional as defined in paragraph (l).
19    (l) "Professional employee" means, in the case of any
20public school district, or combination of school districts
21pursuant to joint agreement, any employee who has a license
22issued under Article 21B of the School Code.
23    (m) "Unit" or "bargaining unit" means any group of
24employees for which an exclusive representative is selected.
25    (n) "Confidential employee" means an employee, who (i) in
26the regular course of his or her duties, assists and acts in a

 

 

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1confidential capacity to persons who formulate, determine and
2effectuate management policies with regard to labor relations
3or who (ii) in the regular course of his or her duties has
4access to information relating to the effectuation or review
5of the employer's collective bargaining policies.
6    (o) "Managerial employee" means, with respect to an
7educational employer other than an educational employer of a
8school district organized under Article 34 of the School Code,
9an individual who is engaged predominantly in executive and
10management functions and is charged with the responsibility of
11directing the effectuation of such management policies and
12practices or, with respect to an educational employer of a
13school district organized under Article 34 of the School Code,
14an individual who has a significant role in the negotiation of
15collective bargaining agreements or who formulates and
16determines employer-wide management policies and practices.
17"Managerial employee" includes a general superintendent of
18schools provided for under Section 34-6 of the School Code.
19    (p) "Craft employee" means a skilled journeyman, craft
20person, and his or her apprentice or helper.
21    (q) "Short-term employee" is an employee who is employed
22for less than 2 consecutive calendar quarters during a
23calendar year and who does not have a reasonable expectation
24that he or she will be rehired by the same employer for the
25same service in a subsequent calendar year. Nothing in this
26subsection shall affect the employee status of individuals who

 

 

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1were covered by a collective bargaining agreement on January
21, 1992 (the effective date of Public Act 87-736) this
3amendatory Act of 1991.
4    The changes made to this Section by Public Act 102-1138
5this amendatory Act of the 102nd General Assembly may not be
6construed to void or change the powers and duties given to
7local school councils under Section 34-2.3 of the School Code.
8(Source: P.A. 101-380, eff. 1-1-20; 102-894, eff. 5-20-22;
9102-1071, eff. 6-10-22; 102-1138, eff. 2-10-23; revised
103-2-23.)
 
11    Section 320. The Alternative Health Care Delivery Act is
12amended by changing Section 35.2 as follows:
 
13    (210 ILCS 3/35.2)
14    Sec. 35.2. Maternal milk donation education.
15    (a) To ensure an adequate supply of pasteurized donor
16human milk for premature infants in Illinois, a birth center
17with obstetrical service beds shall provide information and
18instructional materials to parents of each newborn, upon
19discharge from the birth center, regarding the option to
20voluntarily donate milk to nonprofit non-profit milk banks
21that are accredited by the Human Milk Banking Association of
22North America or its successor organization. The materials
23shall be provided free of charge and shall include general
24information regarding nonprofit non-profit milk banking

 

 

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1practices and contact information for area nonprofit milk
2banks that are accredited by the Human Milk Banking
3Association of North America.
4    (b) The information and instructional materials described
5in subsection (a) may be provided electronically.
6    (c) Nothing in this Section prohibits a birth center from
7obtaining free and suitable information on voluntary milk
8donation from the Human Milk Banking Association of North
9America, or its successor organization, or its accredited
10members.
11(Source: P.A. 103-160, eff. 1-1-24; revised 12-22-23.)
 
12    Section 325. The Life Care Facilities Act is amended by
13setting forth, renumbering, and changing multiple versions of
14Section 10.3 as follows:
 
15    (210 ILCS 40/10.3)
16    Sec. 10.3. Posting of Long Term Care Ombudsman Program
17information.
18    (a) Except as provided under subsection (b), all licensed
19facilities shall post on the home page of the facility's
20website the following:
21        (1) The Long Term Care Ombudsman Program's statewide
22    toll-free telephone number.
23        (2) A link to the Long Term Care Ombudsman Program's
24    website.

 

 

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1    (b) A facility:
2        (1) may comply with this Section by posting the
3    required information on the website of the facility's
4    parent company if the facility does not maintain a unique
5    website;
6        (2) is not required to comply with this Section if the
7    facility and any parent company do not maintain a website;
8    and
9        (3) is not required to comply with this Section in
10    instances where the parent company operates in multiple
11    states and the facility does not maintain a unique
12    website.
13(Source: P.A. 103-119, eff. 1-1-24; revised 12-22-23.)
 
14    (210 ILCS 40/10.4)
15    Sec. 10.4 10.3. Provision of at-home continuing care.
16    (a) The Department shall adopt rules that:
17        (1) establish standards for providers of at-home
18    continuing care;
19        (2) provide for the certification and registration of
20    providers of at-home continuing care and the annual
21    renewal of certificates of registration;
22        (3) provide for and encourage the establishment of
23    at-home continuing care programs;
24        (4) set minimum requirements for any individual who is
25    employed by or under contract with a provider of at-home

 

 

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1    continuing care and who will enter a provider of at-home
2    continuing care's subscriber's home to provide at-home
3    continuing care services, including requirements for
4    criminal background checks of such an individual who will
5    have routine, direct access to a subscriber;
6        (5) establish standards for the renewal of
7    certificates of registration for providers of at-home
8    continuing care;
9        (6) establish standards for the number of executed
10    agreements necessary to begin operation as a provider of
11    at-home continuing care;
12        (7) establish standards for when and how a provider of
13    at-home continuing care or a subscriber may rescind an
14    at-home continuing care agreement before at-home
15    continuing care services are provided to the subscriber;
16        (8) allow a subscriber to rescind an agreement for
17    at-home continuing care services at any time if the terms
18    of the agreement violate this Section;
19        (9) establish that a provider may terminate an
20    agreement to provide at-home continuing care services or
21    discharge a subscriber only for just cause; and
22        (10) establish procedures to carry out a termination
23    or discharge under paragraph (9).
24    (b) The Department shall certify and register a person as
25a provider of at-home continuing care services under this
26Section if the Department determines that:

 

 

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1        (1) a reasonable financial plan has been developed to
2    provide at-home continuing care services, including a plan
3    for the number of agreements to be executed before
4    beginning operation;
5        (2) a market for the at-home continuing care program
6    exists;
7        (3) the provider has submitted all proposed
8    advertisements, advertising campaigns, and other
9    promotional materials for the program;
10        (4) the form and substance of all advertisements,
11    advertising campaigns, and other promotional materials
12    submitted are not deceptive, misleading, or likely to
13    mislead; and
14        (5) an actuarial forecast supports the market for the
15    program.
16    (c) A provider may not enter into an agreement to provide
17at-home continuing care services until the Department issues a
18preliminary certificate of registration to the provider. An
19application for a preliminary certificate of registration
20shall:
21        (1) be filed in a form determined by the Department by
22    rule; and
23        (2) include:
24            (A) a copy of the proposed at-home continuing care
25        agreement; and
26            (B) the form and substance of any proposed

 

 

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1        advertisements, advertising campaigns, or other
2        promotional materials for the program that are is
3        available at the time of filing the application and
4        that have has not been filed previously with the
5        Department.
6    (d) The Department shall issue a preliminary certificate
7of registration to a provider under subsection (c) if the
8Department determines that:
9        (1) the proposed at-home continuing care agreement is
10    satisfactory;
11        (2) the provider has submitted all proposed
12    advertisements, advertising campaigns, and other
13    promotional materials for the program; and
14        (3) the form and substance of all advertisements,
15    advertising campaigns, and other promotional materials
16    submitted are not deceptive, misleading, or likely to
17    mislead.
18    (e) A person may not provide at-home continuing care
19services until the Department issues a certificate of
20registration to the person. An application for a certificate
21of registration shall:
22        (1) be filed in a form determined by the Department by
23    rule; and
24        (2) include:
25            (A) verification that the required number of
26        agreements has been executed;

 

 

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1            (B) the form and substance of any proposed
2        advertisements, advertising campaigns, or other
3        promotional materials for the program that are
4        available at the time of filing and that have not been
5        filed previously with the Department; and
6            (C) verification that any other license or
7        certificate required by other appropriate State units
8        has been issued to the provider.
9    (f) The Department shall issue a certificate of
10registration to a provider under subsection (e) if the
11Department determines that:
12        (1) the information and documents submitted and
13    application for a preliminary certificate of registration
14    are current and accurate or have been updated to make them
15    accurate;
16        (2) the required agreements have been executed;
17        (3) any other license or certificate required by other
18    appropriate State units has been issued to the provider;
19        (4) the provider has submitted all proposed
20    advertisements, advertising campaigns, and other
21    promotional materials for the program; and
22        (5) the material submitted is not an advertisement,
23    advertising campaign, or other promotional material that
24    is deceptive, misleading, or likely to mislead.
25    If a provider intends to advertise before the Department
26issues a certificate of registration, the provider shall

 

 

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1submit to the Department any advertisement, advertising
2campaign, or other promotional material materials before using
3it.
4    (g) Every 2 years, within 120 days after the end of a
5provider's fiscal year, a provider shall file an application
6for a renewal certificate of registration with the Department.
7The application shall:
8            (A) be filed in a form determined by the
9        Department by rule; and
10            (B) contain any reasonable and pertinent
11        information that the Department requires.
12    (h) The Department shall issue a renewal certificate of
13registration under subsection (g) if the Department determines
14that:
15        (1) all required documents have been filed and are
16    satisfactory;
17        (2) any revised agreements for at-home continuing care
18    services meet the Department's requirements;
19        (3) the provider has submitted all proposed
20    advertisements, advertising campaigns, and other
21    promotional materials for the program; and
22        (4) the form and substance of all advertisements,
23    advertising campaigns, and other promotional materials
24    submitted are not deceptive, misleading, or likely to
25    mislead.
26    (i) The Department may deny, suspend, or revoke a

 

 

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1preliminary, initial, or renewal certificate of registration
2under this Section for cause. The Department shall set forth
3in writing its reasons for a denial, suspension, or
4revocation. A provider may appeal a denial in writing. Grounds
5for a denial, suspension, or revocation include, but are not
6limited to:
7        (1) violation of this Section;
8        (2) violation of a rule adopted by the Department
9    under this Section;
10        (3) misrepresentation; or
11        (4) submission of false information.
12(Source: P.A. 103-332, eff. 1-1-24; revised 1-2-24.)
 
13    Section 330. The Emergency Medical Services (EMS) Systems
14Act is amended by changing Sections 3.55 and 3.116 as follows:
 
15    (210 ILCS 50/3.55)
16    Sec. 3.55. Scope of practice.
17    (a) Any person currently licensed as an EMR, EMT, EMT-I,
18A-EMT, PHRN, PHAPRN, PHPA, or Paramedic may perform emergency
19and non-emergency medical services as defined in this Act, in
20accordance with his or her level of education, training and
21licensure, the standards of performance and conduct prescribed
22by the Department in rules adopted pursuant to this Act, and
23the requirements of the EMS System in which he or she
24practices, as contained in the approved Program Plan for that

 

 

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1System. The Director may, by written order, temporarily modify
2individual scopes of practice in response to public health
3emergencies for periods not exceeding 180 days.
4    (a-5) EMS personnel who have successfully completed a
5Department approved course in automated defibrillator
6operation and who are functioning within a Department approved
7EMS System may utilize such automated defibrillator according
8to the standards of performance and conduct prescribed by the
9Department in rules adopted pursuant to this Act and the
10requirements of the EMS System in which they practice, as
11contained in the approved Program Plan for that System.
12    (a-7) An EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or
13Paramedic who has successfully completed a Department approved
14course in the administration of epinephrine shall be required
15to carry epinephrine with him or her as part of the EMS
16personnel medical supplies whenever he or she is performing
17official duties as determined by the EMS System. The
18epinephrine may be administered from a glass vial,
19auto-injector, ampule, or pre-filled syringe.
20    (b) An EMR, EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or
21Paramedic may practice as an EMR, EMT, EMT-I, A-EMT, or
22Paramedic or utilize his or her EMR, EMT, EMT-I, A-EMT, PHRN,
23PHAPRN, PHPA, or Paramedic license in pre-hospital or
24inter-hospital emergency care settings or non-emergency
25medical transport situations, under the written or verbal
26direction of the EMS Medical Director. For purposes of this

 

 

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1Section, a "pre-hospital emergency care setting" may include a
2location, that is not a health care facility, which utilizes
3EMS personnel to render pre-hospital emergency care prior to
4the arrival of a transport vehicle. The location shall include
5communication equipment and all of the portable equipment and
6drugs appropriate for the EMR, EMT, EMT-I, A-EMT, or
7Paramedic's level of care, as required by this Act, rules
8adopted by the Department pursuant to this Act, and the
9protocols of the EMS Systems, and shall operate only with the
10approval and under the direction of the EMS Medical Director.
11    This Section shall not prohibit an EMR, EMT, EMT-I, A-EMT,
12PHRN, PHAPRN, PHPA, or Paramedic from practicing within an
13emergency department or other health care setting for the
14purpose of receiving continuing education or training approved
15by the EMS Medical Director. This Section shall also not
16prohibit an EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or
17Paramedic from seeking credentials other than his or her EMT,
18EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or Paramedic license and
19utilizing such credentials to work in emergency departments or
20other health care settings under the jurisdiction of that
21employer.
22    (c) An EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or Paramedic
23may honor Do Not Resuscitate (DNR) orders and powers of
24attorney for health care only in accordance with rules adopted
25by the Department pursuant to this Act and protocols of the EMS
26System in which he or she practices.

 

 

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1    (d) A student enrolled in a Department approved EMS
2personnel program, while fulfilling the clinical training and
3in-field supervised experience requirements mandated for
4licensure or approval by the System and the Department, may
5perform prescribed procedures under the direct supervision of
6a physician licensed to practice medicine in all of its
7branches, a qualified registered professional nurse, or
8qualified EMS personnel, only when authorized by the EMS
9Medical Director.
10    (e) An EMR, EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or
11Paramedic may transport a police dog injured in the line of
12duty to a veterinary clinic or similar facility if there are no
13persons requiring medical attention or transport at that time.
14For the purposes of this subsection, "police dog" means a dog
15owned or used by a law enforcement department or agency in the
16course of the department or agency's work, including a search
17and rescue dog, service dog, accelerant detection canine, or
18other dog that is in use by a county, municipal, or State law
19enforcement agency.
20    (f) Nothing in this Act shall be construed to prohibit an
21EMT, EMT-I, A-EMT, Paramedic, or PHRN from completing an
22initial Occupational Safety and Health Administration
23Respirator Medical Evaluation Questionnaire on behalf of fire
24service personnel, as permitted by his or her EMS System
25Medical Director.
26    (g) An EMT, EMT-I, A-EMT, Paramedic, PHRN, PHAPRN, or PHPA

 

 

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1shall be eligible to work for another EMS System for a period
2not to exceed 2 weeks if the individual is under the direct
3supervision of another licensed individual operating at the
4same or higher level as the EMT, EMT-I, A-EMT, Paramedic,
5PHRN, PHAPRN, or PHPA; obtained approval in writing from the
6EMS System's Medical Director; and tests into the EMS System
7based upon appropriate standards as outlined in the EMS System
8Program Plan. The EMS System within which the EMT, EMT-I,
9A-EMT, Paramedic, PHRN, PHAPRN, or PHPA is seeking to join
10must make all required testing available to the EMT, EMT-I,
11A-EMT, Paramedic, PHRN, PHAPRN, or PHPA within 2 weeks after
12the written request. Failure to do so by the EMS System shall
13allow the EMT, EMT-I, A-EMT, Paramedic, PHRN, PHAPRN, or PHPA
14to continue working for another EMS System until all required
15testing becomes available.
16    (h) (g) A member of a fire department's or fire protection
17district's collective bargaining unit shall be eligible to
18work under a silver spanner program for another EMS System's
19fire department or fire protection district that is not the
20full-time employer of that member, for a period not to exceed 2
21weeks, if the member: (1) is under the direct supervision of
22another licensed individual operating at the same or higher
23licensure level as the member; (2) made a written request to
24the EMS System's Medical Director for approval to work under
25the silver spanner program, which shall be approved or denied
26within 24 hours after the EMS System's Medical Director

 

 

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1received the request; and (3) tests into the EMS System based
2upon appropriate standards as outlined in the EMS System
3Program Plan. The EMS System within which the member is
4seeking to join must make all required testing available to
5the member within 2 weeks of the written request. Failure to do
6so by the EMS System shall allow the member to continue working
7under a silver spanner program until all required testing
8becomes available.
9(Source: P.A. 102-79, eff. 1-1-22; 103-521, eff. 1-1-24;
10103-547, eff. 8-11-23; revised 8-30-23.)
 
11    (210 ILCS 50/3.116)
12    Sec. 3.116. Hospital Stroke Care; definitions. As used in
13Sections 3.116 through 3.119, 3.130, and 3.200 of this Act:
14    "Acute Stroke-Ready Hospital" means a hospital that has
15been designated by the Department as meeting the criteria for
16providing emergent stroke care. Designation may be provided
17after a hospital has been certified or through application and
18designation as such.
19    "Certification" or "certified" means certification, using
20evidence-based standards, from a nationally recognized
21certifying body approved by the Department.
22    "Comprehensive Stroke Center" means a hospital that has
23been certified and has been designated as such.
24    "Designation" or "designated" means the Department's
25recognition of a hospital as a Comprehensive Stroke Center,

 

 

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

 

 

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1within the Region, if any, Primary Stroke Centers Plus within
2the Region, if any, Primary Stroke Centers within the Region,
3if any, and Acute Stroke-Ready Hospitals within the Region, if
4any; one physician from each level of stroke care, including
5one physician who is a neurologist or who provides advanced
6stroke care at a Comprehensive Stroke Center in the Region, if
7any, one physician who is a neurologist or who provides acute
8stroke care at a Thrombectomy Capable Stroke Center within the
9Region, if any, a Thrombectomy Ready Stroke Center within the
10Region, if any, or a Primary Stroke Center Plus in the Region,
11if any, one physician who is a neurologist or who provides
12acute stroke care at a Primary Stroke Center in the Region, if
13any, and one physician who provides acute stroke care at an
14Acute Stroke-Ready Hospital in the Region, if any; one nurse
15practicing in each level of stroke care, including one nurse
16from a Comprehensive Stroke Center in the Region, if any, one
17nurse from a Thrombectomy Capable Stroke Center, if any, a
18Thrombectomy Ready Stroke Center within the Region, if any, or
19a Primary Stroke Center Plus in the Region, if any, one nurse
20from a Primary Stroke Center in the Region, if any, and one
21nurse from an Acute Stroke-Ready Hospital in the Region, if
22any; one representative from both a public and a private
23vehicle service provider that transports possible acute stroke
24patients within the Region; the State-designated regional EMS
25Coordinator; and a fire chief or his or her designee from the
26EMS Region, if the Region serves a population of more than

 

 

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12,000,000. The Regional Stroke Advisory Subcommittee shall
2establish bylaws to ensure equal membership that rotates and
3clearly delineates committee responsibilities and structure.
4Of the members first appointed, one-third shall be appointed
5for a term of one year, one-third shall be appointed for a term
6of 2 years, and the remaining members shall be appointed for a
7term of 3 years. The terms of subsequent appointees shall be 3
8years.
9    "State Stroke Advisory Subcommittee" means a standing
10advisory body within the State Emergency Medical Services
11Advisory Council.
12    "Thrombectomy Capable Stroke Center" means a hospital that
13has been certified by a Department-approved, nationally
14recognized certifying body and designated as such by the
15Department.
16    "Thrombectomy Ready Stroke Center" means a hospital that
17has been certified by a Department-approved, nationally
18recognized certifying body and designated as such by the
19Department.
20(Source: P.A. 102-687, eff. 12-17-21; 103-149, eff. 1-1-24;
21103-363, eff. 7-28-23; revised 12-12-23.)
 
22    Section 335. The Hospital Licensing Act is amended by
23changing Sections 10.10 and 11.9 as follows:
 
24    (210 ILCS 85/10.10)

 

 

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1    Sec. 10.10. Nurse staffing by patient acuity.
2    (a) Findings. The Legislature finds and declares all of
3the following:
4        (1) The State of Illinois has a substantial interest
5    in promoting quality care and improving the delivery of
6    health care services.
7        (2) Evidence-based studies have shown that the basic
8    principles of staffing in the acute care setting should be
9    based on the complexity of patients' care needs aligned
10    with available nursing skills to promote quality patient
11    care consistent with professional nursing standards.
12        (3) Compliance with this Section promotes an
13    organizational climate that values registered nurses'
14    input in meeting the health care needs of hospital
15    patients.
16    (b) Definitions. As used in this Section:
17    "Acuity model" means an assessment tool selected and
18implemented by a hospital, as recommended by a nursing care
19committee, that assesses the complexity of patient care needs
20requiring professional nursing care and skills and aligns
21patient care needs and nursing skills consistent with
22professional nursing standards.
23    "Department" means the Department of Public Health.
24    "Direct patient care" means care provided by a registered
25professional nurse with direct responsibility to oversee or
26carry out medical regimens or nursing care for one or more

 

 

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1patients.
2    "Nursing care committee" means a hospital-wide committee
3or committees of nurses whose functions, in part or in whole,
4contribute to the development, recommendation, and review of
5the hospital's nurse staffing plan established pursuant to
6subsection (d).
7    "Registered professional nurse" means a person licensed as
8a Registered Nurse under the Nurse Practice Act.
9    "Written staffing plan for nursing care services" means a
10written plan for the assignment of patient care nursing staff
11based on multiple nurse and patient considerations that yield
12minimum staffing levels for inpatient care units and the
13adopted acuity model aligning patient care needs with nursing
14skills required for quality patient care consistent with
15professional nursing standards.
16    (c) Written staffing plan.
17        (1) Every hospital shall implement a written
18    hospital-wide staffing plan, prepared by a nursing care
19    committee or committees, that provides for minimum direct
20    care professional registered nurse-to-patient staffing
21    needs for each inpatient care unit, including inpatient
22    emergency departments. If the staffing plan prepared by
23    the nursing care committee is not adopted by the hospital,
24    or if substantial changes are proposed to it, the chief
25    nursing officer shall either: (i) provide a written
26    explanation to the committee of the reasons the plan was

 

 

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1    not adopted; or (ii) provide a written explanation of any
2    substantial changes made to the proposed plan prior to it
3    being adopted by the hospital. The written hospital-wide
4    staffing plan shall include, but need not be limited to,
5    the following considerations:
6            (A) The complexity of complete care, assessment on
7        patient admission, volume of patient admissions,
8        discharges and transfers, evaluation of the progress
9        of a patient's problems, ongoing physical assessments,
10        planning for a patient's discharge, assessment after a
11        change in patient condition, and assessment of the
12        need for patient referrals.
13            (B) The complexity of clinical professional
14        nursing judgment needed to design and implement a
15        patient's nursing care plan, the need for specialized
16        equipment and technology, the skill mix of other
17        personnel providing or supporting direct patient care,
18        and involvement in quality improvement activities,
19        professional preparation, and experience.
20            (C) Patient acuity and the number of patients for
21        whom care is being provided.
22            (D) The ongoing assessments of a unit's patient
23        acuity levels and nursing staff needed shall be
24        routinely made by the unit nurse manager or his or her
25        designee.
26            (E) The identification of additional registered

 

 

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1        nurses available for direct patient care when
2        patients' unexpected needs exceed the planned workload
3        for direct care staff.
4        (2) In order to provide staffing flexibility to meet
5    patient needs, every hospital shall identify an acuity
6    model for adjusting the staffing plan for each inpatient
7    care unit.
8        (2.5) Each hospital shall implement the staffing plan
9    and assign nursing personnel to each inpatient care unit,
10    including inpatient emergency departments, in accordance
11    with the staffing plan.
12            (A) A registered nurse may report to the nursing
13        care committee any variations where the nurse
14        personnel assignment in an inpatient care unit is not
15        in accordance with the adopted staffing plan and may
16        make a written report to the nursing care committee
17        based on the variations.
18            (B) Shift-to-shift adjustments in staffing levels
19        required by the staffing plan may be made by the
20        appropriate hospital personnel overseeing inpatient
21        care operations. If a registered nurse in an inpatient
22        care unit objects to a shift-to-shift adjustment, the
23        registered nurse may submit a written report to the
24        nursing care committee.
25            (C) The nursing care committee shall develop a
26        process to examine and respond to written reports

 

 

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1        submitted under subparagraphs (A) and (B) of this
2        paragraph (2.5), including the ability to determine if
3        a specific written report is resolved or should be
4        dismissed.
5        (3) The written staffing plan shall be posted, either
6    by physical or electronic means, in a conspicuous and
7    accessible location for both patients and direct care
8    staff, as required under the Hospital Report Card Act. A
9    copy of the written staffing plan shall be provided to any
10    member of the general public upon request.
11    (d) Nursing care committee.
12        (1) Every hospital shall have a nursing care committee
13    that meets at least 6 times per year. A hospital shall
14    appoint members of a committee whereby at least 55% of the
15    members are registered professional nurses providing
16    direct inpatient care, one of whom shall be selected
17    annually by the direct inpatient care nurses to serve as
18    co-chair of the committee.
19        (2) (Blank).
20        (2.5) A nursing care committee shall prepare and
21    recommend to hospital administration the hospital's
22    written hospital-wide staffing plan. If the staffing plan
23    is not adopted by the hospital, the chief nursing officer
24    shall provide a written statement to the committee prior
25    to a staffing plan being adopted by the hospital that: (A)
26    explains the reasons the committee's proposed staffing

 

 

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1    plan was not adopted; and (B) describes the changes to the
2    committee's proposed staffing or any alternative to the
3    committee's proposed staffing plan.
4        (3) A nursing care committee's or committees' written
5    staffing plan for the hospital shall be based on the
6    principles from the staffing components set forth in
7    subsection (c). In particular, a committee or committees
8    shall provide input and feedback on the following:
9            (A) Selection, implementation, and evaluation of
10        minimum staffing levels for inpatient care units.
11            (B) Selection, implementation, and evaluation of
12        an acuity model to provide staffing flexibility that
13        aligns changing patient acuity with nursing skills
14        required.
15            (C) Selection, implementation, and evaluation of a
16        written staffing plan incorporating the items
17        described in subdivisions (c)(1) and (c)(2) of this
18        Section.
19            (D) Review the nurse staffing plans for all
20        inpatient areas and current acuity tools and measures
21        in use. The nursing care committee's review shall
22        consider:
23                (i) patient outcomes;
24                (ii) complaints regarding staffing, including
25            complaints about a delay in direct care nursing or
26            an absence of direct care nursing;

 

 

HB4844 Engrossed- 1174 -LRB103 39009 AMC 69146 b

1                (iii) the number of hours of nursing care
2            provided through an inpatient hospital unit
3            compared with the number of inpatients served by
4            the hospital unit during a 24-hour period;
5                (iv) the aggregate hours of overtime worked by
6            the nursing staff;
7                (v) the extent to which actual nurse staffing
8            for each hospital inpatient unit differs from the
9            staffing specified by the staffing plan; and
10                (vi) any other matter or change to the
11            staffing plan determined by the committee to
12            ensure that the hospital is staffed to meet the
13            health care needs of patients.
14        (4) A nursing care committee must issue a written
15    report addressing the items described in subparagraphs (A)
16    through (D) of paragraph (3) semi-annually. A written copy
17    of this report shall be made available to direct inpatient
18    care nurses by making available a paper copy of the
19    report, distributing it electronically, or posting it on
20    the hospital's website.
21        (5) A nursing care committee must issue a written
22    report at least annually to the hospital governing board
23    that addresses items including, but not limited to: the
24    items described in paragraph (3); changes made based on
25    committee recommendations and the impact of such changes;
26    and recommendations for future changes related to nurse

 

 

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1    staffing.
2        (6) A nursing care committee must annually notify the
3    hospital nursing staff of the staff's rights under this
4    Section. The annual notice must provide a phone number and
5    an email address for staff to report noncompliance with
6    the nursing staff's rights as described in this Section.
7    The notice must be provided by email or by regular mail in
8    a manner that effectively facilitates receipt of the
9    notice. The Department shall monitor and enforce the
10    requirements of this paragraph (6).
11    (e) Nothing in this Section 10.10 shall be construed to
12limit, alter, or modify any of the terms, conditions, or
13provisions of a collective bargaining agreement entered into
14by the hospital.
15    (f) No hospital may discipline, discharge, or take any
16other adverse employment action against an employee solely
17because the employee expresses a concern or complaint
18regarding an alleged violation of this Section or concerns
19related to nurse staffing.
20    (g) Any employee of a hospital may file a complaint with
21the Department regarding an alleged violation of this Section.
22The Department must forward notification of the alleged
23violation to the hospital in question within 10 business days
24after the complaint is filed. Upon receiving a complaint of a
25violation of this Section, the Department may take any action
26authorized under Section Sections 7 or 9 of this Act.

 

 

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1(Source: P.A. 102-4, eff. 4-27-21; 102-641, eff. 8-27-21;
2102-813, eff. 5-13-22; 103-211, eff. 1-1-24; revised 1-2-24.)
 
3    (210 ILCS 85/11.9)
4    Sec. 11.9. Maternal milk donation education.
5    (a) To ensure an adequate supply of pasteurized donor
6human milk for premature infants in Illinois, a hospital with
7licensed obstetric beds shall provide information and
8instructional materials to parents of each newborn, upon
9discharge from the hospital, regarding the option to
10voluntarily donate milk to nonprofit non-profit milk banks
11that are accredited by the Human Milk Banking Association of
12North America or its successor organization. The materials
13shall be provided free of charge and shall include general
14information regarding nonprofit non-profit milk banking
15practices and contact information for area nonprofit milk
16banks that are accredited by the Human Milk Banking
17Association of North America.
18    (b) The information and instructional materials described
19in subsection (a) may be provided electronically.
20    (c) Nothing in this Section prohibits a hospital from
21obtaining free and suitable information on voluntary milk
22donation from the Human Milk Banking Association of North
23America, or its successor organization, or its accredited
24members.
25(Source: P.A. 103-160, eff. 1-1-24; revised 12-22-23.)
 

 

 

HB4844 Engrossed- 1177 -LRB103 39009 AMC 69146 b

1    Section 340. The Hospital Uninsured Patient Discount Act
2is amended by changing Section 15 as follows:
 
3    (210 ILCS 89/15)
4    Sec. 15. Patient responsibility.
5    (a) Hospitals may make the availability of a discount and
6the maximum collectible amount under this Act contingent upon
7the uninsured patient first applying for coverage under public
8health insurance programs, such as Medicare, Medicaid,
9AllKids, the State Children's Health Insurance Program, the
10Health Benefits for Immigrants program, or any other program,
11if there is a reasonable basis to believe that the uninsured
12patient may be eligible for such program. If the patient
13declines to apply for a public health insurance program on the
14basis of concern for immigration-related consequences, the
15hospital may refer the patient to a free, unbiased resource,
16such as an Immigrant Family Resource Program, to address the
17patient's immigration-related concerns and assist in enrolling
18the patient in a public health insurance program. The hospital
19may still screen the patient for eligibility under its
20financial assistance policy.
21    (b) Hospitals shall permit an uninsured patient to apply
22for a discount within 90 days of the date of discharge, date of
23service, completion of the screening under the Fair Patient
24Billing Act, or denial of an application for a public health

 

 

HB4844 Engrossed- 1178 -LRB103 39009 AMC 69146 b

1insurance program.
2    Hospitals shall offer uninsured patients who receive
3community-based primary care provided by a community health
4center or a free and charitable clinic, are referred by such an
5entity to the hospital, and seek access to nonemergency
6hospital-based health care services with an opportunity to be
7screened for and assistance with applying for public health
8insurance programs if there is a reasonable basis to believe
9that the uninsured patient may be eligible for a public health
10insurance program. An uninsured patient who receives
11community-based primary care provided by a community health
12center or free and charitable clinic and is referred by such an
13entity to the hospital for whom there is not a reasonable basis
14to believe that the uninsured patient may be eligible for a
15public health insurance program shall be given the opportunity
16to apply for hospital financial assistance when hospital
17services are scheduled.
18        (1) Income verification. Hospitals may require an
19    uninsured patient who is requesting an uninsured discount
20    to provide documentation of family income. Acceptable
21    family income documentation shall include any one of the
22    following:
23            (A) a copy of the most recent tax return;
24            (B) a copy of the most recent W-2 form and 1099
25        forms;
26            (C) copies of the 2 most recent pay stubs;

 

 

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1            (D) written income verification from an employer
2        if paid in cash; or
3            (E) one other reasonable form of third-party third
4        party income verification deemed acceptable to the
5        hospital.
6        (2) Asset verification. Hospitals may require an
7    uninsured patient who is requesting an uninsured discount
8    to certify the existence or absence of assets owned by the
9    patient and to provide documentation of the value of such
10    assets, except for those assets referenced in paragraph
11    (4) of subsection (c) of Section 10. Acceptable
12    documentation may include statements from financial
13    institutions or some other third-party third party
14    verification of an asset's value. If no third-party third
15    party verification exists, then the patient shall certify
16    as to the estimated value of the asset.
17        (3) Illinois resident verification. Hospitals may
18    require an uninsured patient who is requesting an
19    uninsured discount to verify Illinois residency.
20    Acceptable verification of Illinois residency shall
21    include any one of the following:
22            (A) any of the documents listed in paragraph (1);
23            (B) a valid state-issued identification card;
24            (C) a recent residential utility bill;
25            (D) a lease agreement;
26            (E) a vehicle registration card;

 

 

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1            (F) a voter registration card;
2            (G) mail addressed to the uninsured patient at an
3        Illinois address from a government or other credible
4        source;
5            (H) a statement from a family member of the
6        uninsured patient who resides at the same address and
7        presents verification of residency;
8            (I) a letter from a homeless shelter, transitional
9        house or other similar facility verifying that the
10        uninsured patient resides at the facility; or
11            (J) a temporary visitor's drivers license.
12    (c) Hospital obligations toward an individual uninsured
13patient under this Act shall cease if that patient
14unreasonably fails or refuses to provide the hospital with
15information or documentation requested under subsection (b) or
16to apply for coverage under public programs when requested
17under subsection (a) within 30 days of the hospital's request.
18    (d) In order for a hospital to determine the 12 month
19maximum amount that can be collected from a patient deemed
20eligible under Section 10, an uninsured patient shall inform
21the hospital in subsequent inpatient admissions or outpatient
22encounters that the patient has previously received health
23care services from that hospital and was determined to be
24entitled to the uninsured discount.
25    (e) Hospitals may require patients to certify that all of
26the information provided in the application is true. The

 

 

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1application may state that if any of the information is
2untrue, any discount granted to the patient is forfeited and
3the patient is responsible for payment of the hospital's full
4charges.
5    (f) Hospitals shall ask for an applicant's race,
6ethnicity, sex, and preferred language on the financial
7assistance application. However, the questions shall be
8clearly marked as optional responses for the patient and shall
9note that responses or nonresponses by the patient will not
10have any impact on the outcome of the application.
11(Source: P.A. 102-581, eff. 1-1-22; 103-323, eff. 1-1-24;
12103-492, eff. 1-1-24; revised 9-7-23.)
 
13    Section 345. The Birth Center Licensing Act is amended by
14changing Section 46 as follows:
 
15    (210 ILCS 170/46)
16    Sec. 46. Maternal milk donation education.
17    (a) To ensure an adequate supply of pasteurized donor
18human milk for premature infants in Illinois, a birth center
19with obstetrical service beds shall provide information and
20instructional materials to parents of each newborn, upon
21discharge from the birth center, regarding the option to
22voluntarily donate milk to nonprofit non-profit milk banks
23that are accredited by the Human Milk Banking Association of
24North America or its successor organization. The materials

 

 

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1shall be provided free of charge and shall include general
2information regarding nonprofit non-profit milk banking
3practices and contact information for area nonprofit milk
4banks that are accredited by the Human Milk Banking
5Association of North America.
6    (b) The information and instructional materials described
7in subsection (a) may be provided electronically.
8    (c) Nothing in this Section prohibits a birth center from
9obtaining free and suitable information on voluntary milk
10donation from the Human Milk Banking Association of North
11America, or its successor organization, or its accredited
12members.
13(Source: P.A. 103-160, eff. 1-1-24; revised 12-22-23.)
 
14    Section 350. The Illinois Insurance Code is amended by
15setting forth, renumbering, and changing multiple versions of
16Section 356z.61 and by changing Section 370c.1 as follows:
 
17    (215 ILCS 5/356z.61)
18    Sec. 356z.61. Coverage for liver disease screening. A
19group or individual policy of accident and health insurance or
20a managed care plan that is amended, delivered, issued, or
21renewed on or after January 1, 2025 shall provide coverage for
22preventative liver disease screenings for individuals 35 years
23of age or older and under the age of 65 at high risk for liver
24disease, including liver ultrasounds and alpha-fetoprotein

 

 

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1blood tests every 6 months, without imposing a deductible,
2coinsurance, copayment, or any other cost-sharing requirement
3on the coverage provided; except that this Section does not
4apply to coverage of liver disease screenings to the extent
5such coverage would disqualify a high-deductible health plan
6from eligibility for a health savings account pursuant to
7Section 223 of the Internal Revenue Code.
8(Source: P.A. 103-84, eff. 1-1-24.)
 
9    (215 ILCS 5/356z.63)
10    Sec. 356z.63 356z.61. Coverage of pharmacy testing,
11screening, vaccinations, and treatment. A group or individual
12policy of accident and health insurance or a managed care plan
13that is amended, delivered, issued, or renewed on or after
14January 1, 2025 shall provide coverage for health care or
15patient care services provided by a pharmacist if:
16        (1) the pharmacist meets the requirements and scope of
17    practice described in paragraph (15), (16), or (17) of
18    subsection (d) of Section 3 of the Pharmacy Practice Act;
19        (2) the health plan provides coverage for the same
20    service provided by a licensed physician, an advanced
21    practice registered nurse, or a physician assistant;
22        (3) the pharmacist is included in the health benefit
23    plan's network of participating providers; and
24        (4) reimbursement has been successfully negotiated in
25    good faith between the pharmacist and the health plan.

 

 

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1(Source: P.A. 103-1, eff. 4-27-23; revised 8-29-23.)
 
2    (215 ILCS 5/356z.64)
3    Sec. 356z.64 356z.61. Coverage for compression sleeves. A
4group or individual policy of accident and health insurance or
5a managed care plan that is amended, delivered, issued, or
6renewed on or after January 1, 2025 shall provide coverage for
7compression sleeves that are is medically necessary for the
8enrollee to prevent or mitigate lymphedema.
9(Source: P.A. 103-91, eff. 1-1-24; revised 8-29-23.)
 
10    (215 ILCS 5/356z.65)
11    Sec. 356z.65 356z.61. Coverage for reconstructive
12services.
13    (a) As used in this Section, "reconstructive services"
14means treatments performed on structures of the body damaged
15by trauma to restore physical appearance.
16    (b) A group or individual policy of accident and health
17insurance or a managed care plan that is amended, delivered,
18issued, or renewed on or after January 1, 2025 may not deny
19coverage for medically necessary reconstructive services that
20are intended to restore physical appearance.
21(Source: P.A. 103-123, eff. 1-1-24; revised 8-29-23.)
 
22    (215 ILCS 5/356z.66)
23    Sec. 356z.66 356z.61. Proton beam therapy.

 

 

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1    (a) As used in this Section:
2    "Medically necessary" has the meaning given to that term
3in the Prior Authorization Reform Act.
4    "Proton beam therapy" means a type of radiation therapy
5treatment that utilizes protons as the radiation delivery
6method for the treatment of tumors and cancerous cells.
7    "Radiation therapy treatment" means the delivery of
8biological effective doses with proton therapy, intensity
9modulated radiation therapy, brachytherapy, stereotactic body
10radiation therapy, three-dimensional conformal radiation
11therapy, or other forms of therapy using radiation.
12    (b) A group or individual policy of accident and health
13insurance or managed care plan that is amended, delivered,
14issued, or renewed on or after January 1, 2025 that provides
15coverage for the treatment of cancer shall not apply a higher
16standard of clinical evidence for the coverage of proton beam
17therapy than the insurer applies for the coverage of any other
18form of radiation therapy treatment.
19    (c) A group or individual policy of accident and health
20insurance or managed care plan that is amended, delivered,
21issued, or renewed on or after January 1, 2025 that provides
22coverage or benefits to any resident of this State for
23radiation oncology shall include coverage or benefits for
24medically necessary proton beam therapy for the treatment of
25cancer.
26(Source: P.A. 103-325, eff. 1-1-24; revised 8-29-23.)
 

 

 

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1    (215 ILCS 5/356z.67)
2    Sec. 356z.67 356z.61. Coverage of prescription estrogen.
3    (a) A group or individual policy of accident and health
4insurance or a managed care plan that is amended, delivered,
5issued, or renewed on or after January 1, 2025 and that
6provides coverage for prescription drugs shall include
7coverage for one or more therapeutic equivalent versions of
8vaginal estrogen in its formulary.
9    (b) If a particular vaginal estrogen product or its
10therapeutic equivalent version approved by the United States
11Food and Drug Administration is determined to be medically
12necessary, the issuer must cover that service or item pursuant
13to the cost-sharing requirement contained in subsection (c).
14    (c) A policy subject to this Section shall not impose a
15deductible, copayment, or any other cost sharing requirement
16that exceeds any deductible, coinsurance, copayment, or any
17other cost-sharing requirement imposed on any prescription
18drug authorized for the treatment of erectile dysfunction
19covered by the policy; except that this subsection does not
20apply to coverage of vaginal estrogen to the extent such
21coverage would disqualify a high-deductible health plan from
22eligibility for a health savings account pursuant to Section
23223 of the Internal Revenue Code.
24    (d) As used in this Section, "therapeutic equivalent
25version" has the meaning given to that term in paragraph (2) of

 

 

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1subsection (a) of Section 356z.4.
2(Source: P.A. 103-420, eff. 1-1-24; revised 8-29-23.)
 
3    (215 ILCS 5/356z.68)
4    Sec. 356z.68 356z.61. Home saliva cancer screening.
5    (a) As used in this Section, "home saliva cancer
6screening" means an outpatient test that utilizes an
7individual's saliva to detect biomarkers for early-stage
8cancer.
9    (b) An individual or group policy of accident and health
10insurance that is amended, delivered, issued, or renewed on or
11after January 1, 2025 shall cover a medically necessary home
12saliva cancer screening every 24 months if the patient:
13        (1) is asymptomatic and at high risk for the disease
14    being tested for; or
15        (2) demonstrates symptoms of the disease being tested
16    for at a physical exam.
17(Source: P.A. 103-445, eff. 1-1-24; revised 8-29-23.)
 
18    (215 ILCS 5/356z.69)
19    Sec. 356z.69 356z.61. Coverage for children with
20neuromuscular, neurological, or cognitive impairment. A group
21or individual policy of accident and health insurance amended,
22delivered, issued, or renewed on or after January 1, 2025
23shall provide coverage for therapy, diagnostic testing, and
24equipment necessary to increase quality of life for children

 

 

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1who have been clinically or genetically diagnosed with any
2disease, syndrome, or disorder that includes low tone
3neuromuscular impairment, neurological impairment, or
4cognitive impairment.
5(Source: P.A. 103-458, eff. 1-1-24; revised 8-29-23.)
 
6    (215 ILCS 5/356z.70)
7    Sec. 356z.70 356z.61. Coverage of no-cost mental health
8prevention and wellness visits.
9    (a) A group or individual policy of accident and health
10insurance or managed care plan that is amended, delivered,
11issued, or renewed on or after January 1, 2025 shall provide
12coverage for one annual mental health prevention and wellness
13visit for children and for adults.
14    (b) Mental health prevention and wellness visits shall
15include any age-appropriate screening recommended by the
16United States Preventive Services Task Force or by the
17American Academy of Pediatrics' Bright Futures: Guidelines for
18Health Supervision of Infants, Children, and Adolescents for
19purposes of identifying a mental health issue, condition, or
20disorder; discussing mental health symptoms that might be
21present, including symptoms of a previously diagnosed mental
22health condition or disorder; performing an evaluation of
23adverse childhood experiences; and discussing mental health
24and wellness.
25    (c) A mental health prevention and wellness visit shall be

 

 

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1covered for up to 60 minutes and may be performed by a
2physician licensed to practice medicine in all of its
3branches, a licensed clinical psychologist, a licensed
4clinical social worker, a licensed clinical professional
5counselor, a licensed marriage and family therapist, a
6licensed social worker, or a licensed professional counselor.
7    (d) A policy subject to this Section shall not impose a
8deductible, coinsurance, copayment, or other cost-sharing
9requirement for mental health prevention and wellness visits.
10The cost-sharing prohibition in this subsection (d) does not
11apply to coverage of mental health prevention and wellness
12visits to the extent such coverage would disqualify a
13high-deductible health plan from eligibility for a health
14savings account pursuant to Section 223 of the Internal
15Revenue Code.
16    (e) A mental health prevention and wellness visit shall be
17in addition to an annual physical examination and shall not
18replace a well-child visit or a general health or medical
19visit.
20    (f) A mental health prevention and wellness visit shall be
21reimbursed through the following American Medical Association
22current procedural terminology codes and at the same rate that
23current procedural terminology codes are reimbursed for the
24provision of other medical care: 99381-99387 and 99391-99397.
25The Department shall update the current procedural terminology
26codes through adoption of rules if the codes listed in this

 

 

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1subsection are altered, amended, changed, deleted, or
2supplemented.
3    (g) Reimbursement of any of the current procedural
4terminology codes listed in this Section shall comply with the
5following:
6        (1) reimbursement may be adjusted for payment of
7    claims that are billed by a nonphysician clinician so long
8    as the methodology to determine the adjustments are
9    comparable to and applied no more stringently than the
10    methodology for adjustments made for reimbursement of
11    claims billed by nonphysician clinicians for other medical
12    care, in accordance with 45 CFR 146.136(c)(4); and
13        (2) for a mental health prevention and wellness visit
14    and for a service other than a mental health prevention
15    and wellness visit, reimbursement shall not be denied if
16    they occur on the same date by the same provider and the
17    provider is a primary care provider.
18    (h) A mental health prevention and wellness visit may be
19incorporated into and reimbursed within any type of integrated
20primary care service delivery method, including, but not
21limited to, a psychiatric collaborative care model as provided
22for under this Code.
23    (i) The Department shall adopt any rules necessary to
24implement this Section by no later than October 31, 2024.
25(Source: P.A. 103-535, eff. 8-11-23; revised 8-29-23.)
 

 

 

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1    (215 ILCS 5/370c.1)
2    Sec. 370c.1. Mental, emotional, nervous, or substance use
3disorder or condition parity.
4    (a) On and after July 23, 2021 (the effective date of
5Public Act 102-135), every insurer that amends, delivers,
6issues, or renews a group or individual policy of accident and
7health insurance or a qualified health plan offered through
8the Health Insurance Marketplace in this State providing
9coverage for hospital or medical treatment and for the
10treatment of mental, emotional, nervous, or substance use
11disorders or conditions shall ensure prior to policy issuance
12that:
13        (1) the financial requirements applicable to such
14    mental, emotional, nervous, or substance use disorder or
15    condition benefits are no more restrictive than the
16    predominant financial requirements applied to
17    substantially all hospital and medical benefits covered by
18    the policy and that there are no separate cost-sharing
19    requirements that are applicable only with respect to
20    mental, emotional, nervous, or substance use disorder or
21    condition benefits; and
22        (2) the treatment limitations applicable to such
23    mental, emotional, nervous, or substance use disorder or
24    condition benefits are no more restrictive than the
25    predominant treatment limitations applied to substantially
26    all hospital and medical benefits covered by the policy

 

 

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1    and that there are no separate treatment limitations that
2    are applicable only with respect to mental, emotional,
3    nervous, or substance use disorder or condition benefits.
4    (b) The following provisions shall apply concerning
5aggregate lifetime limits:
6        (1) In the case of a group or individual policy of
7    accident and health insurance or a qualified health plan
8    offered through the Health Insurance Marketplace amended,
9    delivered, issued, or renewed in this State on or after
10    September 9, 2015 (the effective date of Public Act
11    99-480) that provides coverage for hospital or medical
12    treatment and for the treatment of mental, emotional,
13    nervous, or substance use disorders or conditions the
14    following provisions shall apply:
15            (A) if the policy does not include an aggregate
16        lifetime limit on substantially all hospital and
17        medical benefits, then the policy may not impose any
18        aggregate lifetime limit on mental, emotional,
19        nervous, or substance use disorder or condition
20        benefits; or
21            (B) if the policy includes an aggregate lifetime
22        limit on substantially all hospital and medical
23        benefits (in this subsection referred to as the
24        "applicable lifetime limit"), then the policy shall
25        either:
26                (i) apply the applicable lifetime limit both

 

 

HB4844 Engrossed- 1193 -LRB103 39009 AMC 69146 b

1            to the hospital and medical benefits to which it
2            otherwise would apply and to mental, emotional,
3            nervous, or substance use disorder or condition
4            benefits and not distinguish in the application of
5            the limit between the hospital and medical
6            benefits and mental, emotional, nervous, or
7            substance use disorder or condition benefits; or
8                (ii) not include any aggregate lifetime limit
9            on mental, emotional, nervous, or substance use
10            disorder or condition benefits that is less than
11            the applicable lifetime limit.
12        (2) In the case of a policy that is not described in
13    paragraph (1) of subsection (b) of this Section and that
14    includes no or different aggregate lifetime limits on
15    different categories of hospital and medical benefits, the
16    Director shall establish rules under which subparagraph
17    (B) of paragraph (1) of subsection (b) of this Section is
18    applied to such policy with respect to mental, emotional,
19    nervous, or substance use disorder or condition benefits
20    by substituting for the applicable lifetime limit an
21    average aggregate lifetime limit that is computed taking
22    into account the weighted average of the aggregate
23    lifetime limits applicable to such categories.
24    (c) The following provisions shall apply concerning annual
25limits:
26        (1) In the case of a group or individual policy of

 

 

HB4844 Engrossed- 1194 -LRB103 39009 AMC 69146 b

1    accident and health insurance or a qualified health plan
2    offered through the Health Insurance Marketplace amended,
3    delivered, issued, or renewed in this State on or after
4    September 9, 2015 (the effective date of Public Act
5    99-480) that provides coverage for hospital or medical
6    treatment and for the treatment of mental, emotional,
7    nervous, or substance use disorders or conditions the
8    following provisions shall apply:
9            (A) if the policy does not include an annual limit
10        on substantially all hospital and medical benefits,
11        then the policy may not impose any annual limits on
12        mental, emotional, nervous, or substance use disorder
13        or condition benefits; or
14            (B) if the policy includes an annual limit on
15        substantially all hospital and medical benefits (in
16        this subsection referred to as the "applicable annual
17        limit"), then the policy shall either:
18                (i) apply the applicable annual limit both to
19            the hospital and medical benefits to which it
20            otherwise would apply and to mental, emotional,
21            nervous, or substance use disorder or condition
22            benefits and not distinguish in the application of
23            the limit between the hospital and medical
24            benefits and mental, emotional, nervous, or
25            substance use disorder or condition benefits; or
26                (ii) not include any annual limit on mental,

 

 

HB4844 Engrossed- 1195 -LRB103 39009 AMC 69146 b

1            emotional, nervous, or substance use disorder or
2            condition benefits that is less than the
3            applicable annual limit.
4        (2) In the case of a policy that is not described in
5    paragraph (1) of subsection (c) of this Section and that
6    includes no or different annual limits on different
7    categories of hospital and medical benefits, the Director
8    shall establish rules under which subparagraph (B) of
9    paragraph (1) of subsection (c) of this Section is applied
10    to such policy with respect to mental, emotional, nervous,
11    or substance use disorder or condition benefits by
12    substituting for the applicable annual limit an average
13    annual limit that is computed taking into account the
14    weighted average of the annual limits applicable to such
15    categories.
16    (d) With respect to mental, emotional, nervous, or
17substance use disorders or conditions, an insurer shall use
18policies and procedures for the election and placement of
19mental, emotional, nervous, or substance use disorder or
20condition treatment drugs on their formulary that are no less
21favorable to the insured as those policies and procedures the
22insurer uses for the selection and placement of drugs for
23medical or surgical conditions and shall follow the expedited
24coverage determination requirements for substance abuse
25treatment drugs set forth in Section 45.2 of the Managed Care
26Reform and Patient Rights Act.

 

 

HB4844 Engrossed- 1196 -LRB103 39009 AMC 69146 b

1    (e) This Section shall be interpreted in a manner
2consistent with all applicable federal parity regulations
3including, but not limited to, the Paul Wellstone and Pete
4Domenici Mental Health Parity and Addiction Equity Act of
52008, final regulations issued under the Paul Wellstone and
6Pete Domenici Mental Health Parity and Addiction Equity Act of
72008 and final regulations applying the Paul Wellstone and
8Pete Domenici Mental Health Parity and Addiction Equity Act of
92008 to Medicaid managed care organizations, the Children's
10Health Insurance Program, and alternative benefit plans.
11    (f) The provisions of subsections (b) and (c) of this
12Section shall not be interpreted to allow the use of lifetime
13or annual limits otherwise prohibited by State or federal law.
14    (g) As used in this Section:
15    "Financial requirement" includes deductibles, copayments,
16coinsurance, and out-of-pocket maximums, but does not include
17an aggregate lifetime limit or an annual limit subject to
18subsections (b) and (c).
19    "Mental, emotional, nervous, or substance use disorder or
20condition" means a condition or disorder that involves a
21mental health condition or substance use disorder that falls
22under any of the diagnostic categories listed in the mental
23and behavioral disorders chapter of the current edition of the
24International Classification of Disease or that is listed in
25the most recent version of the Diagnostic and Statistical
26Manual of Mental Disorders.

 

 

HB4844 Engrossed- 1197 -LRB103 39009 AMC 69146 b

1    "Treatment limitation" includes limits on benefits based
2on the frequency of treatment, number of visits, days of
3coverage, days in a waiting period, or other similar limits on
4the scope or duration of treatment. "Treatment limitation"
5includes both quantitative treatment limitations, which are
6expressed numerically (such as 50 outpatient visits per year),
7and nonquantitative treatment limitations, which otherwise
8limit the scope or duration of treatment. A permanent
9exclusion of all benefits for a particular condition or
10disorder shall not be considered a treatment limitation.
11"Nonquantitative treatment" means those limitations as
12described under federal regulations (26 CFR 54.9812-1).
13"Nonquantitative treatment limitations" include, but are not
14limited to, those limitations described under federal
15regulations 26 CFR 54.9812-1, 29 CFR 2590.712, and 45 CFR
16146.136.
17    (h) The Department of Insurance shall implement the
18following education initiatives:
19        (1) By January 1, 2016, the Department shall develop a
20    plan for a Consumer Education Campaign on parity. The
21    Consumer Education Campaign shall focus its efforts
22    throughout the State and include trainings in the
23    northern, southern, and central regions of the State, as
24    defined by the Department, as well as each of the 5 managed
25    care regions of the State as identified by the Department
26    of Healthcare and Family Services. Under this Consumer

 

 

HB4844 Engrossed- 1198 -LRB103 39009 AMC 69146 b

1    Education Campaign, the Department shall: (1) by January
2    1, 2017, provide at least one live training in each region
3    on parity for consumers and providers and one webinar
4    training to be posted on the Department website and (2)
5    establish a consumer hotline to assist consumers in
6    navigating the parity process by March 1, 2017. By January
7    1, 2018 the Department shall issue a report to the General
8    Assembly on the success of the Consumer Education
9    Campaign, which shall indicate whether additional training
10    is necessary or would be recommended.
11        (2) The Department, in coordination with the
12    Department of Human Services and the Department of
13    Healthcare and Family Services, shall convene a working
14    group of health care insurance carriers, mental health
15    advocacy groups, substance abuse patient advocacy groups,
16    and mental health physician groups for the purpose of
17    discussing issues related to the treatment and coverage of
18    mental, emotional, nervous, or substance use disorders or
19    conditions and compliance with parity obligations under
20    State and federal law. Compliance shall be measured,
21    tracked, and shared during the meetings of the working
22    group. The working group shall meet once before January 1,
23    2016 and shall meet semiannually thereafter. The
24    Department shall issue an annual report to the General
25    Assembly that includes a list of the health care insurance
26    carriers, mental health advocacy groups, substance abuse

 

 

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1    patient advocacy groups, and mental health physician
2    groups that participated in the working group meetings,
3    details on the issues and topics covered, and any
4    legislative recommendations developed by the working
5    group.
6        (3) Not later than January 1 of each year, the
7    Department, in conjunction with the Department of
8    Healthcare and Family Services, shall issue a joint report
9    to the General Assembly and provide an educational
10    presentation to the General Assembly. The report and
11    presentation shall:
12            (A) Cover the methodology the Departments use to
13        check for compliance with the federal Paul Wellstone
14        and Pete Domenici Mental Health Parity and Addiction
15        Equity Act of 2008, 42 U.S.C. 18031(j), and any
16        federal regulations or guidance relating to the
17        compliance and oversight of the federal Paul Wellstone
18        and Pete Domenici Mental Health Parity and Addiction
19        Equity Act of 2008 and 42 U.S.C. 18031(j).
20            (B) Cover the methodology the Departments use to
21        check for compliance with this Section and Sections
22        356z.23 and 370c of this Code.
23            (C) Identify market conduct examinations or, in
24        the case of the Department of Healthcare and Family
25        Services, audits conducted or completed during the
26        preceding 12-month period regarding compliance with

 

 

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1        parity in mental, emotional, nervous, and substance
2        use disorder or condition benefits under State and
3        federal laws and summarize the results of such market
4        conduct examinations and audits. This shall include:
5                (i) the number of market conduct examinations
6            and audits initiated and completed;
7                (ii) the benefit classifications examined by
8            each market conduct examination and audit;
9                (iii) the subject matter of each market
10            conduct examination and audit, including
11            quantitative and nonquantitative treatment
12            limitations; and
13                (iv) a summary of the basis for the final
14            decision rendered in each market conduct
15            examination and audit.
16            Individually identifiable information shall be
17        excluded from the reports consistent with federal
18        privacy protections.
19            (D) Detail any educational or corrective actions
20        the Departments have taken to ensure compliance with
21        the federal Paul Wellstone and Pete Domenici Mental
22        Health Parity and Addiction Equity Act of 2008, 42
23        U.S.C. 18031(j), this Section, and Sections 356z.23
24        and 370c of this Code.
25            (E) The report must be written in non-technical,
26        readily understandable language and shall be made

 

 

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1        available to the public by, among such other means as
2        the Departments find appropriate, posting the report
3        on the Departments' websites.
4    (i) The Parity Advancement Fund is created as a special
5fund in the State treasury. Moneys from fines and penalties
6collected from insurers for violations of this Section shall
7be deposited into the Fund. Moneys deposited into the Fund for
8appropriation by the General Assembly to the Department shall
9be used for the purpose of providing financial support of the
10Consumer Education Campaign, parity compliance advocacy, and
11other initiatives that support parity implementation and
12enforcement on behalf of consumers.
13    (j) (Blank).
14    (j-5) The Department of Insurance shall collect the
15following information:
16        (1) The number of employment disability insurance
17    plans offered in this State, including, but not limited
18    to:
19            (A) individual short-term policies;
20            (B) individual long-term policies;
21            (C) group short-term policies; and
22            (D) group long-term policies.
23        (2) The number of policies referenced in paragraph (1)
24    of this subsection that limit mental health and substance
25    use disorder benefits.
26        (3) The average defined benefit period for the

 

 

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1    policies referenced in paragraph (1) of this subsection,
2    both for those policies that limit and those policies that
3    have no limitation on mental health and substance use
4    disorder benefits.
5        (4) Whether the policies referenced in paragraph (1)
6    of this subsection are purchased on a voluntary or
7    non-voluntary basis.
8        (5) The identities of the individuals, entities, or a
9    combination of the 2, that assume the cost associated with
10    covering the policies referenced in paragraph (1) of this
11    subsection.
12        (6) The average defined benefit period for plans that
13    cover physical disability and mental health and substance
14    abuse without limitation, including, but not limited to:
15            (A) individual short-term policies;
16            (B) individual long-term policies;
17            (C) group short-term policies; and
18            (D) group long-term policies.
19        (7) The average premiums for disability income
20    insurance issued in this State for:
21            (A) individual short-term policies that limit
22        mental health and substance use disorder benefits;
23            (B) individual long-term policies that limit
24        mental health and substance use disorder benefits;
25            (C) group short-term policies that limit mental
26        health and substance use disorder benefits;

 

 

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1            (D) group long-term policies that limit mental
2        health and substance use disorder benefits;
3            (E) individual short-term policies that include
4        mental health and substance use disorder benefits
5        without limitation;
6            (F) individual long-term policies that include
7        mental health and substance use disorder benefits
8        without limitation;
9            (G) group short-term policies that include mental
10        health and substance use disorder benefits without
11        limitation; and
12            (H) group long-term policies that include mental
13        health and substance use disorder benefits without
14        limitation.
15    The Department shall present its findings regarding
16information collected under this subsection (j-5) to the
17General Assembly no later than April 30, 2024. Information
18regarding a specific insurance provider's contributions to the
19Department's report shall be exempt from disclosure under
20paragraph (t) of subsection (1) of Section 7 of the Freedom of
21Information Act. The aggregated information gathered by the
22Department shall not be exempt from disclosure under paragraph
23(t) of subsection (1) of Section 7 of the Freedom of
24Information Act.
25    (k) An insurer that amends, delivers, issues, or renews a
26group or individual policy of accident and health insurance or

 

 

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1a qualified health plan offered through the health insurance
2marketplace in this State providing coverage for hospital or
3medical treatment and for the treatment of mental, emotional,
4nervous, or substance use disorders or conditions shall submit
5an annual report, the format and definitions for which will be
6determined by the Department and the Department of Healthcare
7and Family Services and posted on their respective websites,
8starting on September 1, 2023 and annually thereafter, that
9contains the following information separately for inpatient
10in-network benefits, inpatient out-of-network benefits,
11outpatient in-network benefits, outpatient out-of-network
12benefits, emergency care benefits, and prescription drug
13benefits in the case of accident and health insurance or
14qualified health plans, or inpatient, outpatient, emergency
15care, and prescription drug benefits in the case of medical
16assistance:
17        (1) A summary of the plan's pharmacy management
18    processes for mental, emotional, nervous, or substance use
19    disorder or condition benefits compared to those for other
20    medical benefits.
21        (2) A summary of the internal processes of review for
22    experimental benefits and unproven technology for mental,
23    emotional, nervous, or substance use disorder or condition
24    benefits and those for other medical benefits.
25        (3) A summary of how the plan's policies and
26    procedures for utilization management for mental,

 

 

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1    emotional, nervous, or substance use disorder or condition
2    benefits compare to those for other medical benefits.
3        (4) A description of the process used to develop or
4    select the medical necessity criteria for mental,
5    emotional, nervous, or substance use disorder or condition
6    benefits and the process used to develop or select the
7    medical necessity criteria for medical and surgical
8    benefits.
9        (5) Identification of all nonquantitative treatment
10    limitations that are applied to both mental, emotional,
11    nervous, or substance use disorder or condition benefits
12    and medical and surgical benefits within each
13    classification of benefits.
14        (6) The results of an analysis that demonstrates that
15    for the medical necessity criteria described in
16    subparagraph (A) and for each nonquantitative treatment
17    limitation identified in subparagraph (B), as written and
18    in operation, the processes, strategies, evidentiary
19    standards, or other factors used in applying the medical
20    necessity criteria and each nonquantitative treatment
21    limitation to mental, emotional, nervous, or substance use
22    disorder or condition benefits within each classification
23    of benefits are comparable to, and are applied no more
24    stringently than, the processes, strategies, evidentiary
25    standards, or other factors used in applying the medical
26    necessity criteria and each nonquantitative treatment

 

 

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1    limitation to medical and surgical benefits within the
2    corresponding classification of benefits; at a minimum,
3    the results of the analysis shall:
4            (A) identify the factors used to determine that a
5        nonquantitative treatment limitation applies to a
6        benefit, including factors that were considered but
7        rejected;
8            (B) identify and define the specific evidentiary
9        standards used to define the factors and any other
10        evidence relied upon in designing each nonquantitative
11        treatment limitation;
12            (C) provide the comparative analyses, including
13        the results of the analyses, performed to determine
14        that the processes and strategies used to design each
15        nonquantitative treatment limitation, as written, for
16        mental, emotional, nervous, or substance use disorder
17        or condition benefits are comparable to, and are
18        applied no more stringently than, the processes and
19        strategies used to design each nonquantitative
20        treatment limitation, as written, for medical and
21        surgical benefits;
22            (D) provide the comparative analyses, including
23        the results of the analyses, performed to determine
24        that the processes and strategies used to apply each
25        nonquantitative treatment limitation, in operation,
26        for mental, emotional, nervous, or substance use

 

 

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1        disorder or condition benefits are comparable to, and
2        applied no more stringently than, the processes or
3        strategies used to apply each nonquantitative
4        treatment limitation, in operation, for medical and
5        surgical benefits; and
6            (E) disclose the specific findings and conclusions
7        reached by the insurer that the results of the
8        analyses described in subparagraphs (C) and (D)
9        indicate that the insurer is in compliance with this
10        Section and the Mental Health Parity and Addiction
11        Equity Act of 2008 and its implementing regulations,
12        which includes 42 CFR Parts 438, 440, and 457 and 45
13        CFR 146.136 and any other related federal regulations
14        found in the Code of Federal Regulations.
15        (7) Any other information necessary to clarify data
16    provided in accordance with this Section requested by the
17    Director, including information that may be proprietary or
18    have commercial value, under the requirements of Section
19    30 of the Viatical Settlements Act of 2009.
20    (l) An insurer that amends, delivers, issues, or renews a
21group or individual policy of accident and health insurance or
22a qualified health plan offered through the health insurance
23marketplace in this State providing coverage for hospital or
24medical treatment and for the treatment of mental, emotional,
25nervous, or substance use disorders or conditions on or after
26January 1, 2019 (the effective date of Public Act 100-1024)

 

 

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1shall, in advance of the plan year, make available to the
2Department or, with respect to medical assistance, the
3Department of Healthcare and Family Services and to all plan
4participants and beneficiaries the information required in
5subparagraphs (C) through (E) of paragraph (6) of subsection
6(k). For plan participants and medical assistance
7beneficiaries, the information required in subparagraphs (C)
8through (E) of paragraph (6) of subsection (k) shall be made
9available on a publicly available publicly-available website
10whose web address is prominently displayed in plan and managed
11care organization informational and marketing materials.
12    (m) In conjunction with its compliance examination program
13conducted in accordance with the Illinois State Auditing Act,
14the Auditor General shall undertake a review of compliance by
15the Department and the Department of Healthcare and Family
16Services with Section 370c and this Section. Any findings
17resulting from the review conducted under this Section shall
18be included in the applicable State agency's compliance
19examination report. Each compliance examination report shall
20be issued in accordance with Section 3-14 of the Illinois
21State Auditing Act. A copy of each report shall also be
22delivered to the head of the applicable State agency and
23posted on the Auditor General's website.
24(Source: P.A. 102-135, eff. 7-23-21; 102-579, eff. 8-25-21;
25102-813, eff. 5-13-22; 103-94, eff. 1-1-24; 103-105, eff.
266-27-23; revised 12-15-23.)
 

 

 

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1    Section 355. The Network Adequacy and Transparency Act is
2amended by changing Section 25 as follows:
 
3    (215 ILCS 124/25)
4    Sec. 25. Network transparency.
5    (a) A network plan shall post electronically an
6up-to-date, accurate, and complete provider directory for each
7of its network plans, with the information and search
8functions, as described in this Section.
9        (1) In making the directory available electronically,
10    the network plans shall ensure that the general public is
11    able to view all of the current providers for a plan
12    through a clearly identifiable link or tab and without
13    creating or accessing an account or entering a policy or
14    contract number.
15        (2) The network plan shall update the online provider
16    directory at least monthly. Providers shall notify the
17    network plan electronically or in writing of any changes
18    to their information as listed in the provider directory,
19    including the information required in subparagraph (K) of
20    paragraph (1) of subsection (b). The network plan shall
21    update its online provider directory in a manner
22    consistent with the information provided by the provider
23    within 10 business days after being notified of the change
24    by the provider. Nothing in this paragraph (2) shall void

 

 

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1    any contractual relationship between the provider and the
2    plan.
3        (3) The network plan shall audit periodically at least
4    25% of its provider directories for accuracy, make any
5    corrections necessary, and retain documentation of the
6    audit. The network plan shall submit the audit to the
7    Director upon request. As part of these audits, the
8    network plan shall contact any provider in its network
9    that has not submitted a claim to the plan or otherwise
10    communicated his or her intent to continue participation
11    in the plan's network.
12        (4) A network plan shall provide a printed print copy
13    of a current provider directory or a printed print copy of
14    the requested directory information upon request of a
15    beneficiary or a prospective beneficiary. Printed Print
16    copies must be updated quarterly and an errata that
17    reflects changes in the provider network must be updated
18    quarterly.
19        (5) For each network plan, a network plan shall
20    include, in plain language in both the electronic and
21    print directory, the following general information:
22            (A) in plain language, a description of the
23        criteria the plan has used to build its provider
24        network;
25            (B) if applicable, in plain language, a
26        description of the criteria the insurer or network

 

 

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1        plan has used to create tiered networks;
2            (C) if applicable, in plain language, how the
3        network plan designates the different provider tiers
4        or levels in the network and identifies for each
5        specific provider, hospital, or other type of facility
6        in the network which tier each is placed, for example,
7        by name, symbols, or grouping, in order for a
8        beneficiary-covered person or a prospective
9        beneficiary-covered person to be able to identify the
10        provider tier; and
11            (D) if applicable, a notation that authorization
12        or referral may be required to access some providers.
13        (6) A network plan shall make it clear for both its
14    electronic and print directories what provider directory
15    applies to which network plan, such as including the
16    specific name of the network plan as marketed and issued
17    in this State. The network plan shall include in both its
18    electronic and print directories a customer service email
19    address and telephone number or electronic link that
20    beneficiaries or the general public may use to notify the
21    network plan of inaccurate provider directory information
22    and contact information for the Department's Office of
23    Consumer Health Insurance.
24        (7) A provider directory, whether in electronic or
25    print format, shall accommodate the communication needs of
26    individuals with disabilities, and include a link to or

 

 

HB4844 Engrossed- 1212 -LRB103 39009 AMC 69146 b

1    information regarding available assistance for persons
2    with limited English proficiency.
3    (b) For each network plan, a network plan shall make
4available through an electronic provider directory the
5following information in a searchable format:
6        (1) for health care professionals:
7            (A) name;
8            (B) gender;
9            (C) participating office locations;
10            (D) specialty, if applicable;
11            (E) medical group affiliations, if applicable;
12            (F) facility affiliations, if applicable;
13            (G) participating facility affiliations, if
14        applicable;
15            (H) languages spoken other than English, if
16        applicable;
17            (I) whether accepting new patients;
18            (J) board certifications, if applicable; and
19            (K) use of telehealth or telemedicine, including,
20        but not limited to:
21                (i) whether the provider offers the use of
22            telehealth or telemedicine to deliver services to
23            patients for whom it would be clinically
24            appropriate;
25                (ii) what modalities are used and what types
26            of services may be provided via telehealth or

 

 

HB4844 Engrossed- 1213 -LRB103 39009 AMC 69146 b

1            telemedicine; and
2                (iii) whether the provider has the ability and
3            willingness to include in a telehealth or
4            telemedicine encounter a family caregiver who is
5            in a separate location than the patient if the
6            patient wishes and provides his or her consent;
7        (2) for hospitals:
8            (A) hospital name;
9            (B) hospital type (such as acute, rehabilitation,
10        children's, or cancer);
11            (C) participating hospital location; and
12            (D) hospital accreditation status; and
13        (3) for facilities, other than hospitals, by type:
14            (A) facility name;
15            (B) facility type;
16            (C) types of services performed; and
17            (D) participating facility location or locations.
18    (c) For the electronic provider directories, for each
19network plan, a network plan shall make available all of the
20following information in addition to the searchable
21information required in this Section:
22        (1) for health care professionals:
23            (A) contact information; and
24            (B) languages spoken other than English by
25        clinical staff, if applicable;
26        (2) for hospitals, telephone number; and

 

 

HB4844 Engrossed- 1214 -LRB103 39009 AMC 69146 b

1        (3) for facilities other than hospitals, telephone
2    number.
3    (d) The insurer or network plan shall make available in
4print, upon request, the following provider directory
5information for the applicable network plan:
6        (1) for health care professionals:
7            (A) name;
8            (B) contact information;
9            (C) participating office location or locations;
10            (D) specialty, if applicable;
11            (E) languages spoken other than English, if
12        applicable;
13            (F) whether accepting new patients; and
14            (G) use of telehealth or telemedicine, including,
15        but not limited to:
16                (i) whether the provider offers the use of
17            telehealth or telemedicine to deliver services to
18            patients for whom it would be clinically
19            appropriate;
20                (ii) what modalities are used and what types
21            of services may be provided via telehealth or
22            telemedicine; and
23                (iii) whether the provider has the ability and
24            willingness to include in a telehealth or
25            telemedicine encounter a family caregiver who is
26            in a separate location than the patient if the

 

 

HB4844 Engrossed- 1215 -LRB103 39009 AMC 69146 b

1            patient wishes and provides his or her consent;
2        (2) for hospitals:
3            (A) hospital name;
4            (B) hospital type (such as acute, rehabilitation,
5        children's, or cancer); and
6            (C) participating hospital location and telephone
7        number; and
8        (3) for facilities, other than hospitals, by type:
9            (A) facility name;
10            (B) facility type;
11            (C) types of services performed; and
12            (D) participating facility location or locations
13        and telephone numbers.
14    (e) The network plan shall include a disclosure in the
15print format provider directory that the information included
16in the directory is accurate as of the date of printing and
17that beneficiaries or prospective beneficiaries should consult
18the insurer's electronic provider directory on its website and
19contact the provider. The network plan shall also include a
20telephone number in the print format provider directory for a
21customer service representative where the beneficiary can
22obtain current provider directory information.
23    (f) The Director may conduct periodic audits of the
24accuracy of provider directories. A network plan shall not be
25subject to any fines or penalties for information required in
26this Section that a provider submits that is inaccurate or

 

 

HB4844 Engrossed- 1216 -LRB103 39009 AMC 69146 b

1incomplete.
2(Source: P.A. 102-92, eff. 7-9-21; revised 9-26-23.)
 
3    Section 360. The Health Maintenance Organization Act is
4amended by changing Section 5-3 as follows:
 
5    (215 ILCS 125/5-3)  (from Ch. 111 1/2, par. 1411.2)
6    Sec. 5-3. Insurance Code provisions.
7    (a) Health Maintenance Organizations shall be subject to
8the provisions of Sections 133, 134, 136, 137, 139, 140,
9141.1, 141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153,
10154, 154.5, 154.6, 154.7, 154.8, 155.04, 155.22a, 155.49,
11355.2, 355.3, 355b, 355c, 356f, 356g.5-1, 356m, 356q, 356v,
12356w, 356x, 356z.2, 356z.3a, 356z.4, 356z.4a, 356z.5, 356z.6,
13356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14,
14356z.15, 356z.17, 356z.18, 356z.19, 356z.20, 356z.21, 356z.22,
15356z.23, 356z.24, 356z.25, 356z.26, 356z.28, 356z.29, 356z.30,
16356z.30a, 356z.31, 356z.32, 356z.33, 356z.34, 356z.35,
17356z.36, 356z.37, 356z.38, 356z.39, 356z.40, 356z.41, 356z.44,
18356z.45, 356z.46, 356z.47, 356z.48, 356z.49, 356z.50, 356z.51,
19356z.53, 356z.54, 356z.55, 356z.56, 356z.57, 356z.58, 356z.59,
20356z.60, 356z.61, 356z.62, 356z.64, 356z.65, 356z.67, 356z.68,
21364, 364.01, 364.3, 367.2, 367.2-5, 367i, 368a, 368b, 368c,
22368d, 368e, 370c, 370c.1, 401, 401.1, 402, 403, 403A, 408,
23408.2, 409, 412, 444, and 444.1, paragraph (c) of subsection
24(2) of Section 367, and Articles IIA, VIII 1/2, XII, XII 1/2,

 

 

HB4844 Engrossed- 1217 -LRB103 39009 AMC 69146 b

1XIII, XIII 1/2, XXV, XXVI, and XXXIIB of the Illinois
2Insurance Code.
3    (b) For purposes of the Illinois Insurance Code, except
4for Sections 444 and 444.1 and Articles XIII and XIII 1/2,
5Health Maintenance Organizations in the following categories
6are deemed to be "domestic companies":
7        (1) a corporation authorized under the Dental Service
8    Plan Act or the Voluntary Health Services Plans Act;
9        (2) a corporation organized under the laws of this
10    State; or
11        (3) a corporation organized under the laws of another
12    state, 30% or more of the enrollees of which are residents
13    of this State, except a corporation subject to
14    substantially the same requirements in its state of
15    organization as is a "domestic company" under Article VIII
16    1/2 of the Illinois Insurance Code.
17    (c) In considering the merger, consolidation, or other
18acquisition of control of a Health Maintenance Organization
19pursuant to Article VIII 1/2 of the Illinois Insurance Code,
20        (1) the Director shall give primary consideration to
21    the continuation of benefits to enrollees and the
22    financial conditions of the acquired Health Maintenance
23    Organization after the merger, consolidation, or other
24    acquisition of control takes effect;
25        (2)(i) the criteria specified in subsection (1)(b) of
26    Section 131.8 of the Illinois Insurance Code shall not

 

 

HB4844 Engrossed- 1218 -LRB103 39009 AMC 69146 b

1    apply and (ii) the Director, in making his determination
2    with respect to the merger, consolidation, or other
3    acquisition of control, need not take into account the
4    effect on competition of the merger, consolidation, or
5    other acquisition of control;
6        (3) the Director shall have the power to require the
7    following information:
8            (A) certification by an independent actuary of the
9        adequacy of the reserves of the Health Maintenance
10        Organization sought to be acquired;
11            (B) pro forma financial statements reflecting the
12        combined balance sheets of the acquiring company and
13        the Health Maintenance Organization sought to be
14        acquired as of the end of the preceding year and as of
15        a date 90 days prior to the acquisition, as well as pro
16        forma financial statements reflecting projected
17        combined operation for a period of 2 years;
18            (C) a pro forma business plan detailing an
19        acquiring party's plans with respect to the operation
20        of the Health Maintenance Organization sought to be
21        acquired for a period of not less than 3 years; and
22            (D) such other information as the Director shall
23        require.
24    (d) The provisions of Article VIII 1/2 of the Illinois
25Insurance Code and this Section 5-3 shall apply to the sale by
26any health maintenance organization of greater than 10% of its

 

 

HB4844 Engrossed- 1219 -LRB103 39009 AMC 69146 b

1enrollee population (including, without limitation, the health
2maintenance organization's right, title, and interest in and
3to its health care certificates).
4    (e) In considering any management contract or service
5agreement subject to Section 141.1 of the Illinois Insurance
6Code, the Director (i) shall, in addition to the criteria
7specified in Section 141.2 of the Illinois Insurance Code,
8take into account the effect of the management contract or
9service agreement on the continuation of benefits to enrollees
10and the financial condition of the health maintenance
11organization to be managed or serviced, and (ii) need not take
12into account the effect of the management contract or service
13agreement on competition.
14    (f) Except for small employer groups as defined in the
15Small Employer Rating, Renewability and Portability Health
16Insurance Act and except for medicare supplement policies as
17defined in Section 363 of the Illinois Insurance Code, a
18Health Maintenance Organization may by contract agree with a
19group or other enrollment unit to effect refunds or charge
20additional premiums under the following terms and conditions:
21        (i) the amount of, and other terms and conditions with
22    respect to, the refund or additional premium are set forth
23    in the group or enrollment unit contract agreed in advance
24    of the period for which a refund is to be paid or
25    additional premium is to be charged (which period shall
26    not be less than one year); and

 

 

HB4844 Engrossed- 1220 -LRB103 39009 AMC 69146 b

1        (ii) the amount of the refund or additional premium
2    shall not exceed 20% of the Health Maintenance
3    Organization's profitable or unprofitable experience with
4    respect to the group or other enrollment unit for the
5    period (and, for purposes of a refund or additional
6    premium, the profitable or unprofitable experience shall
7    be calculated taking into account a pro rata share of the
8    Health Maintenance Organization's administrative and
9    marketing expenses, but shall not include any refund to be
10    made or additional premium to be paid pursuant to this
11    subsection (f)). The Health Maintenance Organization and
12    the group or enrollment unit may agree that the profitable
13    or unprofitable experience may be calculated taking into
14    account the refund period and the immediately preceding 2
15    plan years.
16    The Health Maintenance Organization shall include a
17statement in the evidence of coverage issued to each enrollee
18describing the possibility of a refund or additional premium,
19and upon request of any group or enrollment unit, provide to
20the group or enrollment unit a description of the method used
21to calculate (1) the Health Maintenance Organization's
22profitable experience with respect to the group or enrollment
23unit and the resulting refund to the group or enrollment unit
24or (2) the Health Maintenance Organization's unprofitable
25experience with respect to the group or enrollment unit and
26the resulting additional premium to be paid by the group or

 

 

HB4844 Engrossed- 1221 -LRB103 39009 AMC 69146 b

1enrollment unit.
2    In no event shall the Illinois Health Maintenance
3Organization Guaranty Association be liable to pay any
4contractual obligation of an insolvent organization to pay any
5refund authorized under this Section.
6    (g) Rulemaking authority to implement Public Act 95-1045,
7if any, is conditioned on the rules being adopted in
8accordance with all provisions of the Illinois Administrative
9Procedure Act and all rules and procedures of the Joint
10Committee on Administrative Rules; any purported rule not so
11adopted, for whatever reason, is unauthorized.
12(Source: P.A. 102-30, eff. 1-1-22; 102-34, eff. 6-25-21;
13102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff.
141-1-22; 102-589, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665,
15eff. 10-8-21; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22;
16102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff.
171-1-23; 102-860, eff. 1-1-23; 102-901, eff. 7-1-22; 102-1093,
18eff. 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24;
19103-91, eff. 1-1-24; 103-123, eff. 1-1-24; 103-154, eff.
206-30-23; 103-420, eff. 1-1-24; 103-426, eff. 8-4-23; 103-445,
21eff. 1-1-24; 103-551, eff. 8-11-23; revised 8-29-23.)
 
22    Section 365. The Limited Health Service Organization Act
23is amended by changing Sections 3006 and 4003 as follows:
 
24    (215 ILCS 130/3006)  (from Ch. 73, par. 1503-6)

 

 

HB4844 Engrossed- 1222 -LRB103 39009 AMC 69146 b

1    Sec. 3006. Changes in rate methodology and benefits;
2material modifications; addition of limited health services.
3    (a) A limited health service organization shall file with
4the Director prior to use, a notice of any change in rate
5methodology, charges, or benefits and of any material
6modification of any matter or document furnished pursuant to
7Section 2001, together with such supporting documents as are
8necessary to fully explain the change or modification.
9        (1) Contract modifications described in paragraphs (5)
10    and (6) of subsection (c) of Section 2001 shall include
11    all agreements between the organization and enrollees,
12    providers, administrators of services, and insurers of
13    limited health services; also other material transactions
14    or series of transactions, the total annual value of which
15    exceeds the greater of $100,000 or 5% of net earned
16    subscription revenue for the most current 12-month 12
17    month period as determined from filed financial
18    statements.
19        (2) Contract modification for reinsurance. Any
20    agreement between the organization and an insurer shall be
21    subject to the provisions of Article XI of the Illinois
22    Insurance Code, as now or hereafter amended. All
23    reinsurance agreements must be filed with the Director.
24    Approval of the Director in required agreements must be
25    filed. Approval of the director is required for all
26    agreements except individual stop loss, aggregate excess,

 

 

HB4844 Engrossed- 1223 -LRB103 39009 AMC 69146 b

1    hospitalization benefits, or out-of-area of the
2    participating providers, unless 20% or more of the
3    organization's total risk is reinsured, in which case all
4    reinsurance agreements shall require approval.
5    (b) If a limited health service organization desires to
6add one or more additional limited health services, it shall
7file a notice with the Director and, at the same time, submit
8the information required by Section 2001 if different from
9that filed with the prepaid limited health service
10organization's application. Issuance of such an amended
11certificate of authority shall be subject to the conditions of
12Section 2002 of this Act.
13    (c) In addition to any applicable provisions of this Act,
14premium rate filings shall be subject to subsection (i) of
15Section 355 of the Illinois Insurance Code.
16(Source: P.A. 103-106, eff. 1-1-24; revised 1-2-24.)
 
17    (215 ILCS 130/4003)  (from Ch. 73, par. 1504-3)
18    Sec. 4003. Illinois Insurance Code provisions. Limited
19health service organizations shall be subject to the
20provisions of Sections 133, 134, 136, 137, 139, 140, 141.1,
21141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154,
22154.5, 154.6, 154.7, 154.8, 155.04, 155.37, 155.49, 355.2,
23355.3, 355b, 356q, 356v, 356z.4, 356z.4a, 356z.10, 356z.21,
24356z.22, 356z.25, 356z.26, 356z.29, 356z.30a, 356z.32,
25356z.33, 356z.41, 356z.46, 356z.47, 356z.51, 356z.53, 356z.54,

 

 

HB4844 Engrossed- 1224 -LRB103 39009 AMC 69146 b

1356z.57, 356z.59, 356z.61, 356z.64, 356z.67, 356z.68, 364.3,
2368a, 401, 401.1, 402, 403, 403A, 408, 408.2, 409, 412, 444,
3and 444.1 and Articles IIA, VIII 1/2, XII, XII 1/2, XIII, XIII
41/2, XXV, and XXVI of the Illinois Insurance Code. Nothing in
5this Section shall require a limited health care plan to cover
6any service that is not a limited health service. For purposes
7of the Illinois Insurance Code, except for Sections 444 and
8444.1 and Articles XIII and XIII 1/2, limited health service
9organizations in the following categories are deemed to be
10domestic companies:
11        (1) a corporation under the laws of this State; or
12        (2) a corporation organized under the laws of another
13    state, 30% or more of the enrollees of which are residents
14    of this State, except a corporation subject to
15    substantially the same requirements in its state of
16    organization as is a domestic company under Article VIII
17    1/2 of the Illinois Insurance Code.
18(Source: P.A. 102-30, eff. 1-1-22; 102-203, eff. 1-1-22;
19102-306, eff. 1-1-22; 102-642, eff. 1-1-22; 102-731, eff.
201-1-23; 102-775, eff. 5-13-22; 102-813, eff. 5-13-22; 102-816,
21eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23;
22102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, eff.
231-1-24; 103-420, eff. 1-1-24; 103-426, eff. 8-4-23; 103-445,
24eff. 1-1-24; revised 8-29-23.)
 
25    Section 370. The Voluntary Health Services Plans Act is

 

 

HB4844 Engrossed- 1225 -LRB103 39009 AMC 69146 b

1amended by changing Section 10 as follows:
 
2    (215 ILCS 165/10)  (from Ch. 32, par. 604)
3    Sec. 10. Application of Insurance Code provisions. Health
4services plan corporations and all persons interested therein
5or dealing therewith shall be subject to the provisions of
6Articles IIA and XII 1/2 and Sections 3.1, 133, 136, 139, 140,
7143, 143c, 149, 155.22a, 155.37, 354, 355.2, 355.3, 355b,
8356g, 356g.5, 356g.5-1, 356q, 356r, 356t, 356u, 356v, 356w,
9356x, 356y, 356z.1, 356z.2, 356z.3a, 356z.4, 356z.4a, 356z.5,
10356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13,
11356z.14, 356z.15, 356z.18, 356z.19, 356z.21, 356z.22, 356z.25,
12356z.26, 356z.29, 356z.30, 356z.30a, 356z.32, 356z.33,
13356z.40, 356z.41, 356z.46, 356z.47, 356z.51, 356z.53, 356z.54,
14356z.56, 356z.57, 356z.59, 356z.60, 356z.61, 356z.62, 356z.64,
15356z.67, 356z.68, 364.01, 364.3, 367.2, 368a, 401, 401.1, 402,
16403, 403A, 408, 408.2, and 412, and paragraphs (7) and (15) of
17Section 367 of the Illinois Insurance Code.
18    Rulemaking authority to implement Public Act 95-1045, if
19any, is conditioned on the rules being adopted in accordance
20with all provisions of the Illinois Administrative Procedure
21Act and all rules and procedures of the Joint Committee on
22Administrative Rules; any purported rule not so adopted, for
23whatever reason, is unauthorized.
24(Source: P.A. 102-30, eff. 1-1-22; 102-203, eff. 1-1-22;
25102-306, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, eff.

 

 

HB4844 Engrossed- 1226 -LRB103 39009 AMC 69146 b

110-8-21; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22; 102-804,
2eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23;
3102-860, eff. 1-1-23; 102-901, eff. 7-1-22; 102-1093, eff.
41-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91,
5eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24;
6103-551, eff. 8-11-23; revised 8-29-23.)
 
7    Section 375. The Public Utilities Act is amended by
8changing Sections 8-205, 9-222.1A, and 9-229 as follows:
 
9    (220 ILCS 5/8-205)  (from Ch. 111 2/3, par. 8-205)
10    Sec. 8-205. (a) Termination of gas and electric utility
11service to all residential users, including all tenants of
12mastermetered apartment buildings, for nonpayment of bills,
13where gas or electricity is used as the only source of space
14heating or to control or operate the only space heating
15equipment at the residence is prohibited: ,
16        (1) on any day when the National Weather Service
17    forecast for the following 24 hours covering the area of
18    the utility in which the residence is located includes a
19    forecast that the temperature will be 32 degrees
20    Fahrenheit or below; or
21        (2) on any day preceding a holiday or a weekend when
22    such a forecast indicated that the temperature will be 32
23    degrees Fahrenheit or below during the holiday or weekend.
24    (b) If gas or electricity is used as the only source of

 

 

HB4844 Engrossed- 1227 -LRB103 39009 AMC 69146 b

1space cooling or to control or operate the only space cooling
2equipment at a residence, then a utility may not terminate gas
3or electric utility service to a residential user, including
4all tenants of mastermetered apartment buildings, for
5nonpayment of bills:
6        (1) on any day when the National Weather Service
7    forecast for the following 24 hours covering the area of
8    the utility in which the residence is located includes a
9    forecast that the temperature will be 90 degrees
10    Fahrenheit or above;
11        (2) on any day preceding a holiday or weekend when the
12    National Weather Service for the following 24 hours
13    covering the area of the utility in which the residence is
14    located includes a forecast that the temperature will be
15    90 degrees Fahrenheit or above during the holiday or
16    weekend; or
17        (3) when the National Weather Service issues an
18    excessive heat watch, heat advisory, or excessive heat
19    warning covering the area of the utility in which the
20    residence is located.
21(Source: P.A. 103-19, eff. 1-1-24; revised 1-2-24.)
 
22    (220 ILCS 5/9-222.1A)
23    Sec. 9-222.1A. High impact business. Beginning on August
241, 1998 and thereafter, a business enterprise that is
25certified as a High Impact Business by the Department of

 

 

HB4844 Engrossed- 1228 -LRB103 39009 AMC 69146 b

1Commerce and Economic Opportunity (formerly Department of
2Commerce and Community Affairs) is exempt from the tax imposed
3by Section 2-4 of the Electricity Excise Tax Law, if the High
4Impact Business is registered to self-assess that tax, and is
5exempt from any additional charges added to the business
6enterprise's utility bills as a pass-on of State utility taxes
7under Section 9-222 of this Act, to the extent the tax or
8charges are exempted by the percentage specified by the
9Department of Commerce and Economic Opportunity for State
10utility taxes, provided the business enterprise meets the
11following criteria:
12        (1) (A) it intends either (i) to make a minimum
13        eligible investment of $12,000,000 that will be placed
14        in service in qualified property in Illinois and is
15        intended to create at least 500 full-time equivalent
16        jobs at a designated location in Illinois; or (ii) to
17        make a minimum eligible investment of $30,000,000 that
18        will be placed in service in qualified property in
19        Illinois and is intended to retain at least 1,500
20        full-time equivalent jobs at a designated location in
21        Illinois; or
22            (B) it meets the criteria of subdivision
23        (a)(3)(B), (a)(3)(C), (a)(3)(D), (a)(3)(F), or
24        (a)(3)(G), or (a)(3)(H) of Section 5.5 of the Illinois
25        Enterprise Zone Act;
26        (2) it is designated as a High Impact Business by the

 

 

HB4844 Engrossed- 1229 -LRB103 39009 AMC 69146 b

1    Department of Commerce and Economic Opportunity; and
2        (3) it is certified by the Department of Commerce and
3    Economic Opportunity as complying with the requirements
4    specified in clauses (1) and (2) of this Section.
5    The Department of Commerce and Economic Opportunity shall
6determine the period during which the exemption from the
7Electricity Excise Tax Law and the charges imposed under
8Section 9-222 are in effect and shall specify the percentage
9of the exemption from those taxes or additional charges.
10    The Department of Commerce and Economic Opportunity is
11authorized to promulgate rules and regulations to carry out
12the provisions of this Section, including procedures for
13complying with the requirements specified in clauses (1) and
14(2) of this Section and procedures for applying for the
15exemptions authorized under this Section; to define the
16amounts and types of eligible investments that business
17enterprises must make in order to receive State utility tax
18exemptions or exemptions from the additional charges imposed
19under Section 9-222 and this Section; to approve such utility
20tax exemptions for business enterprises whose investments are
21not yet placed in service; and to require that business
22enterprises granted tax exemptions or exemptions from
23additional charges under Section 9-222 repay the exempted
24amount if the business enterprise fails to comply with the
25terms and conditions of the certification.
26    Upon certification of the business enterprises by the

 

 

HB4844 Engrossed- 1230 -LRB103 39009 AMC 69146 b

1Department of Commerce and Economic Opportunity, the
2Department of Commerce and Economic Opportunity shall notify
3the Department of Revenue of the certification. The Department
4of Revenue shall notify the public utilities of the exemption
5status of business enterprises from the tax or pass-on charges
6of State utility taxes. The exemption status shall take effect
7within 3 months after certification of the business
8enterprise.
9(Source: P.A. 102-1125, eff. 2-3-23; 103-9, eff. 6-7-23;
10103-561, eff. 1-1-24; revised 11-21-23.)
 
11    (220 ILCS 5/9-229)
12    Sec. 9-229. Consideration of attorney and expert
13compensation as an expense and intervenor compensation fund.
14    (a) The Commission shall specifically assess the justness
15and reasonableness of any amount expended by a public utility
16to compensate attorneys or technical experts to prepare and
17litigate a general rate case filing. This issue shall be
18expressly addressed in the Commission's final order.
19    (b) The State of Illinois shall create a Consumer
20Intervenor Compensation Fund subject to the following:
21        (1) Provision of compensation for Consumer Interest
22    Representatives that intervene in Illinois Commerce
23    Commission proceedings will increase public engagement,
24    encourage additional transparency, expand the information
25    available to the Commission, and improve decision-making.

 

 

HB4844 Engrossed- 1231 -LRB103 39009 AMC 69146 b

1        (2) As used in this Section, "Consumer interest
2    representative" means:
3            (A) a residential utility customer or group of
4        residential utility customers represented by a
5        not-for-profit group or organization registered with
6        the Illinois Attorney General under the Solicitation
7        for of Charity Act;
8            (B) representatives of not-for-profit groups or
9        organizations whose membership is limited to
10        residential utility customers; or
11            (C) representatives of not-for-profit groups or
12        organizations whose membership includes Illinois
13        residents and that address the community, economic,
14        environmental, or social welfare of Illinois
15        residents, except government agencies or intervenors
16        specifically authorized by Illinois law to participate
17        in Commission proceedings on behalf of Illinois
18        consumers.
19        (3) A consumer interest representative is eligible to
20    receive compensation from the consumer intervenor
21    compensation fund if its participation included lay or
22    expert testimony or legal briefing and argument concerning
23    the expenses, investments, rate design, rate impact, or
24    other matters affecting the pricing, rates, costs or other
25    charges associated with utility service, the Commission
26    adopts a material recommendation related to a significant

 

 

HB4844 Engrossed- 1232 -LRB103 39009 AMC 69146 b

1    issue in the docket, and participation caused a
2    significant financial hardship to the participant;
3    however, no consumer interest representative shall be
4    eligible to receive an award pursuant to this Section if
5    the consumer interest representative receives any
6    compensation, funding, or donations, directly or
7    indirectly, from parties that have a financial interest in
8    the outcome of the proceeding.
9        (4) Within 30 days after September 15, 2021 (the
10    effective date of Public Act 102-662) this amendatory Act
11    of the 102nd General Assembly, each utility that files a
12    request for an increase in rates under Article IX or
13    Article XVI shall deposit an amount equal to one half of
14    the rate case attorney and expert expense allowed by the
15    Commission, but not to exceed $500,000, into the fund
16    within 35 days of the date of the Commission's final Order
17    in the rate case or 20 days after the denial of rehearing
18    under Section 10-113 of this Act, whichever is later. The
19    Consumer Intervenor Compensation Fund shall be used to
20    provide payment to consumer interest representatives as
21    described in this Section.
22        (5) An electric public utility with 3,000,000 or more
23    retail customers shall contribute $450,000 to the Consumer
24    Intervenor Compensation Fund within 60 days after
25    September 15, 2021 (the effective date of Public Act
26    102-662) this amendatory Act of the 102nd General

 

 

HB4844 Engrossed- 1233 -LRB103 39009 AMC 69146 b

1    Assembly. A combined electric and gas public utility
2    serving fewer than 3,000,000 but more than 500,000 retail
3    customers shall contribute $225,000 to the Consumer
4    Intervenor Compensation Fund within 60 days after
5    September 15, 2021 (the effective date of Public Act
6    102-662) this amendatory Act of the 102nd General
7    Assembly. A gas public utility with 1,500,000 or more
8    retail customers that is not a combined electric and gas
9    public utility shall contribute $225,000 to the Consumer
10    Intervenor Compensation Fund within 60 days after
11    September 15, 2021 (the effective date of Public Act
12    102-662) this amendatory Act of the 102nd General
13    Assembly. A gas public utility with fewer than 1,500,000
14    retail customers but more than 300,000 retail customers
15    that is not a combined electric and gas public utility
16    shall contribute $80,000 to the Consumer Intervenor
17    Compensation Fund within 60 days after September 15, 2021
18    (the effective date of Public Act 102-662) this amendatory
19    Act of the 102nd General Assembly. A gas public utility
20    with fewer than 300,000 retail customers that is not a
21    combined electric and gas public utility shall contribute
22    $20,000 to the Consumer Intervenor Compensation Fund
23    within 60 days after September 15, 2021 (the effective
24    date of Public Act 102-662) this amendatory Act of the
25    102nd General Assembly. A combined electric and gas public
26    utility serving fewer than 500,000 retail customers shall

 

 

HB4844 Engrossed- 1234 -LRB103 39009 AMC 69146 b

1    contribute $20,000 to the Consumer Intervenor Compensation
2    Fund within 60 days after September 15, 2021 (the
3    effective date of Public Act 102-662) this amendatory Act
4    of the 102nd General Assembly. A water or sewer public
5    utility serving more than 100,000 retail customers shall
6    contribute $80,000, and a water or sewer public utility
7    serving fewer than 100,000 but more than 10,000 retail
8    customers shall contribute $20,000.
9        (6)(A) Prior to the entry of a Final Order in a
10    docketed case, the Commission Administrator shall provide
11    a payment to a consumer interest representative that
12    demonstrates through a verified application for funding
13    that the consumer interest representative's participation
14    or intervention without an award of fees or costs imposes
15    a significant financial hardship based on a schedule to be
16    developed by the Commission. The Administrator may require
17    verification of costs incurred, including statements of
18    hours spent, as a condition to paying the consumer
19    interest representative prior to the entry of a Final
20    Order in a docketed case.
21        (B) If the Commission adopts a material recommendation
22    related to a significant issue in the docket and
23    participation caused a financial hardship to the
24    participant, then the consumer interest representative
25    shall be allowed payment for some or all of the consumer
26    interest representative's reasonable attorney's or

 

 

HB4844 Engrossed- 1235 -LRB103 39009 AMC 69146 b

1    advocate's fees, reasonable expert witness fees, and other
2    reasonable costs of preparation for and participation in a
3    hearing or proceeding. Expenses related to travel or meals
4    shall not be compensable.
5        (C) The consumer interest representative shall submit
6    an itemized request for compensation to the Consumer
7    Intervenor Compensation Fund, including the advocate's or
8    attorney's reasonable fee rate, the number of hours
9    expended, reasonable expert and expert witness fees, and
10    other reasonable costs for the preparation for and
11    participation in the hearing and briefing within 30 days
12    of the Commission's final order after denial or decision
13    on rehearing, if any.
14        (7) Administration of the Fund.
15        (A) The Consumer Intervenor Compensation Fund is
16    created as a special fund in the State treasury. All
17    disbursements from the Consumer Intervenor Compensation
18    Fund shall be made only upon warrants of the Comptroller
19    drawn upon the Treasurer as custodian of the Fund upon
20    vouchers signed by the Executive Director of the
21    Commission or by the person or persons designated by the
22    Director for that purpose. The Comptroller is authorized
23    to draw the warrant upon vouchers so signed. The Treasurer
24    shall accept all warrants so signed and shall be released
25    from liability for all payments made on those warrants.
26    The Consumer Intervenor Compensation Fund shall be

 

 

HB4844 Engrossed- 1236 -LRB103 39009 AMC 69146 b

1    administered by an Administrator that is a person or
2    entity that is independent of the Commission. The
3    administrator will be responsible for the prudent
4    management of the Consumer Intervenor Compensation Fund
5    and for recommendations for the award of consumer
6    intervenor compensation from the Consumer Intervenor
7    Compensation Fund. The Commission shall issue a request
8    for qualifications for a third-party program administrator
9    to administer the Consumer Intervenor Compensation Fund.
10    The third-party administrator shall be chosen through a
11    competitive bid process based on selection criteria and
12    requirements developed by the Commission. The Illinois
13    Procurement Code does not apply to the hiring or payment
14    of the Administrator. All Administrator costs may be paid
15    for using monies from the Consumer Intervenor Compensation
16    Fund, but the Program Administrator shall strive to
17    minimize costs in the implementation of the program.
18        (B) The computation of compensation awarded from the
19    fund shall take into consideration the market rates paid
20    to persons of comparable training and experience who offer
21    similar services, but may not exceed the comparable market
22    rate for services paid by the public utility as part of its
23    rate case expense.
24        (C)(1) Recommendations on the award of compensation by
25    the administrator shall include consideration of whether
26    the Commission adopted a material recommendation related

 

 

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1    to a significant issue in the docket and whether
2    participation caused a financial hardship to the
3    participant and the payment of compensation is fair, just
4    and reasonable.
5        (2) Recommendations on the award of compensation by
6    the administrator shall be submitted to the Commission for
7    approval. Unless the Commission initiates an investigation
8    within 45 days after the notice to the Commission, the
9    award of compensation shall be allowed 45 days after
10    notice to the Commission. Such notice shall be given by
11    filing with the Commission on the Commission's e-docket
12    system, and keeping open for public inspection the award
13    for compensation proposed by the Administrator. The
14    Commission shall have power, and it is hereby given
15    authority, either upon complaint or upon its own
16    initiative without complaint, at once, and if it so
17    orders, without answer or other formal pleadings, but upon
18    reasonable notice, to enter upon a hearing concerning the
19    propriety of the award.
20    (c) The Commission may adopt rules to implement this
21Section.
22(Source: P.A. 102-662, eff. 9-15-21; revised 1-20-24.)
 
23    Section 380. The Child Care Act of 1969 is amended by
24changing Sections 5.1, 7.2, and 18 as follows:
 

 

 

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1    (225 ILCS 10/5.1)  (from Ch. 23, par. 2215.1)
2    Sec. 5.1. (a) The Department shall ensure that no day care
3center, group home, or child care institution as defined in
4this Act shall on a regular basis transport a child or children
5with any motor vehicle unless such vehicle is operated by a
6person who complies with the following requirements:
7        1. is 21 years of age or older;
8        2. currently holds a valid driver's license, which has
9    not been revoked or suspended for one or more traffic
10    violations during the 3 years immediately prior to the
11    date of application;
12        3. demonstrates physical fitness to operate vehicles
13    by submitting the results of a medical examination
14    conducted by a licensed physician;
15        4. has not been convicted of more than 2 offenses
16    against traffic regulations governing the movement of
17    vehicles within a 12-month twelve month period;
18        5. has not been convicted of reckless driving or
19    driving under the influence or manslaughter or reckless
20    homicide resulting from the operation of a motor vehicle
21    within the past 3 years;
22        6. has signed and submitted a written statement
23    certifying that the person has not, through the unlawful
24    operation of a motor vehicle, caused a crash which
25    resulted in the death of any person within the 5 years
26    immediately prior to the date of application.

 

 

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1    However, such day care centers, group homes, and child
2care institutions may provide for transportation of a child or
3children for special outings, functions, or purposes that are
4not scheduled on a regular basis without verification that
5drivers for such purposes meet the requirements of this
6Section.
7    (a-5) As a means of ensuring compliance with the
8requirements set forth in subsection (a), the Department shall
9implement appropriate measures to verify that every individual
10who is employed at a group home or child care institution meets
11those requirements.
12    For every person employed at a group home or child care
13institution who regularly transports children in the course of
14performing the person's duties, the Department must make the
15verification every 2 years. Upon the Department's request, the
16Secretary of State shall provide the Department with the
17information necessary to enable the Department to make the
18verifications required under subsection (a).
19    In the case of an individual employed at a group home or
20child care institution who becomes subject to subsection (a)
21for the first time after January 1, 2007 (the effective date of
22Public Act 94-943) this amendatory Act of the 94th General
23Assembly, the Department must make that verification with the
24Secretary of State before the individual operates a motor
25vehicle to transport a child or children under the
26circumstances described in subsection (a).

 

 

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1    In the case of an individual employed at a group home or
2child care institution who is subject to subsection (a) on
3January 1, 2007 (the effective date of Public Act 94-943) this
4amendatory Act of the 94th General Assembly, the Department
5must make that verification with the Secretary of State within
630 days after January 1, 2007 that effective date.
7    If the Department discovers that an individual fails to
8meet the requirements set forth in subsection (a), the
9Department shall promptly notify the appropriate group home or
10child care institution.
11    (b) Any individual who holds a valid Illinois school bus
12driver permit issued by the Secretary of State pursuant to the
13The Illinois Vehicle Code, and who is currently employed by a
14school district or parochial school, or by a contractor with a
15school district or parochial school, to drive a school bus
16transporting children to and from school, shall be deemed in
17compliance with the requirements of subsection (a).
18    (c) The Department may, pursuant to Section 8 of this Act,
19revoke the license of any day care center, group home, or child
20care institution that fails to meet the requirements of this
21Section.
22    (d) A group home or child care institution that fails to
23meet the requirements of this Section is guilty of a petty
24offense and is subject to a fine of not more than $1,000. Each
25day that a group home or child care institution fails to meet
26the requirements of this Section is a separate offense.

 

 

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1(Source: P.A. 102-982, eff. 7-1-23; 103-22, eff. 8-8-23;
2revised 9-21-23.)
 
3    (225 ILCS 10/7.2)  (from Ch. 23, par. 2217.2)
4    Sec. 7.2. Employer discrimination.
5    (a) For purposes of this Section: ,
6    "Employer" "employer" means a licensee or holder of a
7permit subject to this Act.
8    "Employee" means an employee of such an employer.
9    (b) No employer shall discharge, demote, or suspend, or
10threaten to discharge, demote, or suspend, or in any manner
11discriminate against any employee who:
12        (1) Makes any good faith oral or written complaint of
13    any employer's violation of any licensing or other laws
14    (including, but not limited to, laws concerning child
15    abuse or the transportation of children) which may result
16    in closure of the facility pursuant to Section 11.2 of
17    this Act to the Department or other agency having
18    statutory responsibility for the enforcement of such laws
19    or to the employer or representative of the employer;
20        (2) Institutes or causes to be instituted against any
21    employer any proceeding concerning the violation of any
22    licensing or other laws, including a proceeding to revoke
23    or to refuse to renew a license under Section 9 of this
24    Act;
25        (3) Is or will be a witness or testify in any

 

 

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1    proceeding concerning the violation of any licensing or
2    other laws, including a proceeding to revoke or to refuse
3    to renew a license under Section 9 of this Act; or
4        (4) Refuses to perform work in violation of a
5    licensing or other law or regulation after notifying the
6    employer of the violation.
7    (c)(1) A claim by an employee alleging an employer's
8violation of subsection (b) of this Section shall be presented
9to the employer within 30 days after the date of the action
10complained of and shall be filed with the Department of Labor
11within 60 days after the date of the action complained of.
12    (2) Upon receipt of the complaint, the Department of Labor
13shall conduct whatever investigation it deems appropriate, and
14may hold a hearing. After investigation or hearing, the
15Department of Labor shall determine whether the employer has
16violated subsection (b) of this Section and it shall notify
17the employer and the employee of its determination.
18    (3) If the Department of Labor determines that the
19employer has violated subsection (b) of this Section, and the
20employer refuses to take remedial action to comply with the
21determination, the Department of Labor shall so notify the
22Attorney General, who shall bring an action against the
23employer in the circuit court seeking enforcement of its
24determination. The court may order any appropriate relief,
25including rehiring and reinstatement of the employee to the
26person's former position with backpay and other benefits.

 

 

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1    (d) Except for any grievance procedure, arbitration, or
2hearing which is available to the employee pursuant to a
3collective bargaining agreement, this Section shall be the
4exclusive remedy for an employee complaining of any action
5described in subsection (b).
6    (e) Any employer who willfully refuses to rehire, promote,
7or otherwise restore an employee or former employee who has
8been determined eligible for rehiring or promotion as a result
9of any grievance procedure, arbitration, or hearing authorized
10by law shall be guilty of a Class A misdemeanor.
11(Source: P.A. 103-22, eff. 8-8-23; revised 9-21-23.)
 
12    (225 ILCS 10/18)  (from Ch. 23, par. 2228)
13    Sec. 18. Any person, group of persons, association, or
14corporation who:
15    (1) conducts, operates, or acts as a child care facility
16without a license or permit to do so in violation of Section 3
17of this Act;
18    (2) makes materially false statements in order to obtain a
19license or permit;
20    (3) fails to keep the records and make the reports
21provided under this Act;
22    (4) advertises any service not authorized by license or
23permit held;
24    (5) publishes any advertisement in violation of this Act;
25    (6) receives within this State any child in violation of

 

 

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1Section 16 of this Act; or
2    (7) violates any other provision of this Act or any
3reasonable rule or regulation adopted and published by the
4Department for the enforcement of the provisions of this Act,
5is guilty of a Class A misdemeanor and in case of an
6association or corporation, imprisonment may be imposed upon
7its officers who knowingly participated in the violation.
8    Any child care facility that continues to operate after
9its license is revoked under Section 8 of this Act or after its
10license expires and the Department refused to renew the
11license as provided in Section 8 of this Act is guilty of a
12business offense and shall be fined an amount in excess of $500
13but not exceeding $10,000, and each day of violation is a
14separate offense.
15    In a prosecution under this Act, a defendant who relies
16upon the relationship of any child to the defendant has the
17burden of proof as to that relationship.
18(Source: P.A. 103-22, eff. 8-8-23; revised 9-21-23.)
 
19    Section 385. The Illinois Dental Practice Act is amended
20by changing Sections 4 and 17 as follows:
 
21    (225 ILCS 25/4)
22    (Section scheduled to be repealed on January 1, 2026)
23    Sec. 4. Definitions. As used in this Act:
24    "Address of record" means the designated address recorded

 

 

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1by the Department in the applicant's or licensee's application
2file or license file as maintained by the Department's
3licensure maintenance unit. It is the duty of the applicant or
4licensee to inform the Department of any change of address and
5those changes must be made either through the Department's
6website or by contacting the Department.
7    "Department" means the Department of Financial and
8Professional Regulation.
9    "Secretary" means the Secretary of Financial and
10Professional Regulation.
11    "Board" means the Board of Dentistry.
12    "Dentist" means a person who has received a general
13license pursuant to paragraph (a) of Section 11 of this Act and
14who may perform any intraoral and extraoral procedure required
15in the practice of dentistry and to whom is reserved the
16responsibilities specified in Section 17.
17    "Dental hygienist" means a person who holds a license
18under this Act to perform dental services as authorized by
19Section 18.
20    "Dental assistant" means an appropriately trained person
21who, under the supervision of a dentist, provides dental
22services as authorized by Section 17.
23    "Expanded function dental assistant" means a dental
24assistant who has completed the training required by Section
2517.1 of this Act.
26    "Dental laboratory" means a person, firm, or corporation

 

 

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1which:
2        (i) engages in making, providing, repairing, or
3    altering dental prosthetic appliances and other artificial
4    materials and devices which are returned to a dentist for
5    insertion into the human oral cavity or which come in
6    contact with its adjacent structures and tissues; and
7        (ii) utilizes or employs a dental technician to
8    provide such services; and
9        (iii) performs such functions only for a dentist or
10    dentists.
11    "Supervision" means supervision of a dental hygienist or a
12dental assistant requiring that a dentist authorize the
13procedure, remain in the dental facility while the procedure
14is performed, and approve the work performed by the dental
15hygienist or dental assistant before dismissal of the patient,
16but does not mean that the dentist must be present at all times
17in the treatment room.
18    "General supervision" means supervision of a dental
19hygienist requiring that the patient be a patient of record,
20that the dentist examine the patient in accordance with
21Section 18 prior to treatment by the dental hygienist, and
22that the dentist authorize the procedures which are being
23carried out by a notation in the patient's record, but not
24requiring that a dentist be present when the authorized
25procedures are being performed. The issuance of a prescription
26to a dental laboratory by a dentist does not constitute

 

 

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1general supervision.
2    "Public member" means a person who is not a health
3professional. For purposes of board membership, any person
4with a significant financial interest in a health service or
5profession is not a public member.
6    "Dentistry" means the healing art which is concerned with
7the examination, diagnosis, treatment planning, and care of
8conditions within the human oral cavity and its adjacent
9tissues and structures, as further specified in Section 17.
10    "Branches of dentistry" means the various specialties of
11dentistry which, for purposes of this Act, shall be limited to
12the following: endodontics, oral and maxillofacial surgery,
13orthodontics and dentofacial orthopedics, pediatric dentistry,
14periodontics, prosthodontics, oral and maxillofacial
15radiology, and dental anesthesiology.
16    "Specialist" means a dentist who has received a specialty
17license pursuant to Section 11(b).
18    "Dental technician" means a person who owns, operates, or
19is employed by a dental laboratory and engages in making,
20providing, repairing, or altering dental prosthetic appliances
21and other artificial materials and devices which are returned
22to a dentist for insertion into the human oral cavity or which
23come in contact with its adjacent structures and tissues.
24    "Impaired dentist" or "impaired dental hygienist" means a
25dentist or dental hygienist who is unable to practice with
26reasonable skill and safety because of a physical or mental

 

 

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1disability as evidenced by a written determination or written
2consent based on clinical evidence, including deterioration
3through the aging process, loss of motor skills, abuse of
4drugs or alcohol, or a psychiatric disorder, of sufficient
5degree to diminish the person's ability to deliver competent
6patient care.
7    "Nurse" means a registered professional nurse, a certified
8registered nurse anesthetist licensed as an advanced practice
9registered nurse, or a licensed practical nurse licensed under
10the Nurse Practice Act.
11    "Patient of record" means a patient for whom the patient's
12most recent dentist has obtained a relevant medical and dental
13history and on whom the dentist has performed an examination
14and evaluated the condition to be treated.
15    "Dental responder" means a dentist or dental hygienist who
16is appropriately certified in disaster preparedness,
17immunizations, and dental humanitarian medical response
18consistent with the Society of Disaster Medicine and Public
19Health and training certified by the National Incident
20Management System or the National Disaster Life Support
21Foundation.
22    "Mobile dental van or portable dental unit" means any
23self-contained or portable dental unit in which dentistry is
24practiced that can be moved, towed, or transported from one
25location to another in order to establish a location where
26dental services can be provided.

 

 

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1    "Public health dental hygienist" means a hygienist who
2holds a valid license to practice in the State, has 2 years of
3full-time clinical experience or an equivalent of 4,000 hours
4of clinical experience, and has completed at least 42 clock
5hours of additional structured courses in dental education in
6advanced areas specific to public health dentistry.
7    "Public health setting" means a federally qualified health
8center; a federal, State, or local public health facility;
9Head Start; a special supplemental nutrition program for
10Women, Infants, and Children (WIC) facility; a certified
11school-based health center or school-based oral health
12program; a prison; or a long-term care facility.
13    "Public health supervision" means the supervision of a
14public health dental hygienist by a licensed dentist who has a
15written public health supervision agreement with that public
16health dental hygienist while working in an approved facility
17or program that allows the public health dental hygienist to
18treat patients, without a dentist first examining the patient
19and being present in the facility during treatment, (1) who
20are eligible for Medicaid or (2) who are uninsured or whose
21household income is not greater than 300% of the federal
22poverty level.
23    "Teledentistry" means the use of telehealth systems and
24methodologies in dentistry and includes patient care and
25education delivery using synchronous and asynchronous
26communications under a dentist's authority as provided under

 

 

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1this Act.
2(Source: P.A. 102-93, eff. 1-1-22; 102-588, eff. 8-20-21;
3102-936, eff. 1-1-23; 103-425, eff. 1-1-24; 103-431, eff.
41-1-24; revised 12-15-23.)
 
5    (225 ILCS 25/17)
6    (Section scheduled to be repealed on January 1, 2026)
7    Sec. 17. Acts constituting the practice of dentistry. A
8person practices dentistry, within the meaning of this Act:
9        (1) Who represents himself or herself as being able to
10    diagnose or diagnoses, treats, prescribes, or operates for
11    any disease, pain, deformity, deficiency, injury, or
12    physical condition of the human tooth, teeth, alveolar
13    process, gums, or jaw; or
14        (2) Who is a manager, proprietor, operator, or
15    conductor of a business where dental operations are
16    performed; or
17        (3) Who performs dental operations of any kind; or
18        (4) Who uses an X-Ray machine or X-Ray films for
19    dental diagnostic purposes; or
20        (5) Who extracts a human tooth or teeth, or corrects
21    or attempts to correct malpositions of the human teeth or
22    jaws; or
23        (6) Who offers or undertakes, by any means or method,
24    to diagnose, treat, or remove stains, calculus, and
25    bonding materials from human teeth or jaws; or

 

 

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1        (7) Who uses or administers local or general
2    anesthetics in the treatment of dental or oral diseases or
3    in any preparation incident to a dental operation of any
4    kind or character; or
5        (8) Who takes material or digital scans for final
6    impressions of the human tooth, teeth, or jaws or performs
7    any phase of any operation incident to the replacement of
8    a part of a tooth, a tooth, teeth, or associated tissues by
9    means of a filling, a crown, a bridge, a denture, or other
10    appliance; or
11        (9) Who offers to furnish, supply, construct,
12    reproduce, or repair, or who furnishes, supplies,
13    constructs, reproduces, or repairs, prosthetic dentures,
14    bridges, or other substitutes for natural teeth, to the
15    user or prospective user thereof; or
16        (10) Who instructs students on clinical matters or
17    performs any clinical operation included in the curricula
18    of recognized dental schools and colleges; or
19        (11) Who takes material or digital scans for final
20    impressions of human teeth or places his or her hands in
21    the mouth of any person for the purpose of applying teeth
22    whitening materials, or who takes impressions of human
23    teeth or places his or her hands in the mouth of any person
24    for the purpose of assisting in the application of teeth
25    whitening materials. A person does not practice dentistry
26    when he or she discloses to the consumer that he or she is

 

 

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1    not licensed as a dentist under this Act and (i) discusses
2    the use of teeth whitening materials with a consumer
3    purchasing these materials; (ii) provides instruction on
4    the use of teeth whitening materials with a consumer
5    purchasing these materials; or (iii) provides appropriate
6    equipment on-site to the consumer for the consumer to
7    self-apply teeth whitening materials.
8    The fact that any person engages in or performs, or offers
9to engage in or perform, any of the practices, acts, or
10operations set forth in this Section, shall be prima facie
11evidence that such person is engaged in the practice of
12dentistry.
13    The following practices, acts, and operations, however,
14are exempt from the operation of this Act:
15        (a) The rendering of dental relief in emergency cases
16    in the practice of his or her profession by a physician or
17    surgeon, licensed as such under the laws of this State,
18    unless he or she undertakes to reproduce or reproduces
19    lost parts of the human teeth in the mouth or to restore or
20    replace lost or missing teeth in the mouth; or
21        (b) The practice of dentistry in the discharge of
22    their official duties by dentists in any branch of the
23    Armed Services of the United States, the United States
24    Public Health Service, or the United States Veterans
25    Administration; or
26        (c) The practice of dentistry by students in their

 

 

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1    course of study in dental schools or colleges approved by
2    the Department, when acting under the direction and
3    supervision of dentists acting as instructors; or
4        (d) The practice of dentistry by clinical instructors
5    in the course of their teaching duties in dental schools
6    or colleges approved by the Department:
7            (i) when acting under the direction and
8        supervision of dentists, provided that such clinical
9        instructors have instructed continuously in this State
10        since January 1, 1986; or
11            (ii) when holding the rank of full professor at
12        such approved dental school or college and possessing
13        a current valid license or authorization to practice
14        dentistry in another country; or
15        (e) The practice of dentistry by licensed dentists of
16    other states or countries at meetings of the Illinois
17    State Dental Society or component parts thereof, alumni
18    meetings of dental colleges, or any other like dental
19    organizations, while appearing as clinicians; or
20        (f) The use of X-Ray machines for exposing X-Ray films
21    of dental or oral tissues by dental hygienists or dental
22    assistants; or
23        (g) The performance of any dental service by a dental
24    assistant, if such service is performed under the
25    supervision and full responsibility of a dentist. In
26    addition, after being authorized by a dentist, a dental

 

 

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1    assistant may, for the purpose of eliminating pain or
2    discomfort, remove loose, broken, or irritating
3    orthodontic appliances on a patient of record.
4        For purposes of this paragraph (g), "dental service"
5    is defined to mean any intraoral procedure or act which
6    shall be prescribed by rule or regulation of the
7    Department. "Dental service", however, shall not include:
8            (1) Any and all diagnosis of or prescription for
9        treatment of disease, pain, deformity, deficiency,
10        injury, or physical condition of the human teeth or
11        jaws, or adjacent structures.
12            (2) Removal of, restoration of, or addition to the
13        hard or soft tissues of the oral cavity, except for the
14        placing, carving, and finishing of amalgam
15        restorations and placing, packing, and finishing
16        composite restorations by dental assistants who have
17        had additional formal education and certification.
18            A dental assistant may place, carve, and finish
19        amalgam restorations, place, pack, and finish
20        composite restorations, and place interim restorations
21        if he or she (A) has successfully completed a
22        structured training program as described in item (2)
23        of subsection (g) provided by an educational
24        institution accredited by the Commission on Dental
25        Accreditation, such as a dental school or dental
26        hygiene or dental assistant program, or (B) has at

 

 

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1        least 4,000 hours of direct clinical patient care
2        experience and has successfully completed a structured
3        training program as described in item (2) of
4        subsection (g) provided by a statewide dental
5        association, approved by the Department to provide
6        continuing education, that has developed and conducted
7        training programs for expanded functions for dental
8        assistants or hygienists. The training program must:
9        (i) include a minimum of 16 hours of didactic study and
10        14 hours of clinical manikin instruction; all training
11        programs shall include areas of study in nomenclature,
12        caries classifications, oral anatomy, periodontium,
13        basic occlusion, instrumentations, pulp protection
14        liners and bases, dental materials, matrix and wedge
15        techniques, amalgam placement and carving, rubber dam
16        clamp placement, and rubber dam placement and removal;
17        (ii) include an outcome assessment examination that
18        demonstrates competency; (iii) require the supervising
19        dentist to observe and approve the completion of 8
20        amalgam or composite restorations; and (iv) issue a
21        certificate of completion of the training program,
22        which must be kept on file at the dental office and be
23        made available to the Department upon request. A
24        dental assistant must have successfully completed an
25        approved coronal polishing and dental sealant course
26        prior to taking the amalgam and composite restoration

 

 

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1        course.
2            A dentist utilizing dental assistants shall not
3        supervise more than 4 dental assistants at any one
4        time for placing, carving, and finishing of amalgam
5        restorations or for placing, packing, and finishing
6        composite restorations.
7            (3) Any and all correction of malformation of
8        teeth or of the jaws.
9            (4) Administration of anesthetics, except for
10        monitoring of nitrous oxide, conscious sedation, deep
11        sedation, and general anesthetic as provided in
12        Section 8.1 of this Act, that may be performed only
13        after successful completion of a training program
14        approved by the Department. A dentist utilizing dental
15        assistants shall not supervise more than 4 dental
16        assistants at any one time for the monitoring of
17        nitrous oxide.
18            (5) Removal of calculus from human teeth.
19            (6) Taking of material or digital scans for final
20        impressions for the fabrication of prosthetic
21        appliances, crowns, bridges, inlays, onlays, or other
22        restorative or replacement dentistry.
23            (7) The operative procedure of dental hygiene
24        consisting of oral prophylactic procedures, except for
25        coronal polishing and pit and fissure sealants, which
26        may be performed by a dental assistant who has

 

 

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1        successfully completed a training program approved by
2        the Department. Dental assistants may perform coronal
3        polishing under the following circumstances: (i) the
4        coronal polishing shall be limited to polishing the
5        clinical crown of the tooth and existing restorations,
6        supragingivally; (ii) the dental assistant performing
7        the coronal polishing shall be limited to the use of
8        rotary instruments using a rubber cup or brush
9        polishing method (air polishing is not permitted); and
10        (iii) the supervising dentist shall not supervise more
11        than 4 dental assistants at any one time for the task
12        of coronal polishing or pit and fissure sealants.
13            In addition to coronal polishing and pit and
14        fissure sealants as described in this item (7), a
15        dental assistant who has at least 2,000 hours of
16        direct clinical patient care experience and who has
17        successfully completed a structured training program
18        provided by (1) an educational institution including,
19        but not limited to, a dental school or dental hygiene
20        or dental assistant program, (2) a continuing
21        education provider approved by the Department, or (3)
22        a statewide dental or dental hygienist association
23        that has developed and conducted a training program
24        for expanded functions for dental assistants or
25        hygienists may perform: (A) coronal scaling above the
26        gum line, supragingivally, on the clinical crown of

 

 

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1        the tooth only on patients 17 years of age or younger
2        who have an absence of periodontal disease and who are
3        not medically compromised or individuals with special
4        needs and (B) intracoronal temporization of a tooth.
5        The training program must: (I) include a minimum of 32
6        hours of instruction in both didactic and clinical
7        manikin or human subject instruction; all training
8        programs shall include areas of study in dental
9        anatomy, public health dentistry, medical history,
10        dental emergencies, and managing the pediatric
11        patient; (II) include an outcome assessment
12        examination that demonstrates competency; (III)
13        require the supervising dentist to observe and approve
14        the completion of 6 full mouth supragingival scaling
15        procedures unless the training was received as part of
16        a Commission on Dental Accreditation approved dental
17        assistant program; and (IV) issue a certificate of
18        completion of the training program, which must be kept
19        on file at the dental office and be made available to
20        the Department upon request. A dental assistant must
21        have successfully completed an approved coronal
22        polishing course prior to taking the coronal scaling
23        course. A dental assistant performing these functions
24        shall be limited to the use of hand instruments only.
25        In addition, coronal scaling as described in this
26        paragraph shall only be utilized on patients who are

 

 

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1        eligible for Medicaid, who are uninsured, or whose
2        household income is not greater than 300% of the
3        federal poverty level. A dentist may not supervise
4        more than 2 dental assistants at any one time for the
5        task of coronal scaling. This paragraph is inoperative
6        on and after January 1, 2026.
7        The limitations on the number of dental assistants a
8    dentist may supervise contained in items (2), (4), and (7)
9    of this paragraph (g) mean a limit of 4 total dental
10    assistants or dental hygienists doing expanded functions
11    covered by these Sections being supervised by one dentist;
12    or
13        (h) The practice of dentistry by an individual who:
14            (i) has applied in writing to the Department, in
15        form and substance satisfactory to the Department, for
16        a general dental license and has complied with all
17        provisions of Section 9 of this Act, except for the
18        passage of the examination specified in subsection (e)
19        of Section 9 of this Act; or
20            (ii) has applied in writing to the Department, in
21        form and substance satisfactory to the Department, for
22        a temporary dental license and has complied with all
23        provisions of subsection (c) of Section 11 of this
24        Act; and
25            (iii) has been accepted or appointed for specialty
26        or residency training by a hospital situated in this

 

 

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1        State; or
2            (iv) has been accepted or appointed for specialty
3        training in an approved dental program situated in
4        this State; or
5            (v) has been accepted or appointed for specialty
6        training in a dental public health agency situated in
7        this State.
8        The applicant shall be permitted to practice dentistry
9    for a period of 3 months from the starting date of the
10    program, unless authorized in writing by the Department to
11    continue such practice for a period specified in writing
12    by the Department.
13        The applicant shall only be entitled to perform such
14    acts as may be prescribed by and incidental to his or her
15    program of residency or specialty training and shall not
16    otherwise engage in the practice of dentistry in this
17    State.
18        The authority to practice shall terminate immediately
19    upon:
20            (1) the decision of the Department that the
21        applicant has failed the examination; or
22            (2) denial of licensure by the Department; or
23            (3) withdrawal of the application.
24(Source: P.A. 102-558, eff. 8-20-21; 102-936, eff. 1-1-23;
25103-425, eff. 1-1-24; 103-431, eff. 1-1-24; revised 12-15-23.)
 

 

 

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1    Section 390. The Health Care Worker Background Check Act
2is amended by changing Section 25 as follows:
 
3    (225 ILCS 46/25)
4    Sec. 25. Hiring of people with criminal records by health
5care employers and long-term care facilities.
6    (a) A health care employer or long-term care facility may
7hire, employ, or retain any individual in a position involving
8direct care for clients, patients, or residents, or access to
9the living quarters or the financial, medical, or personal
10records of clients, patients, or residents who has been
11convicted of committing or attempting to commit one or more of
12the following offenses under the laws of this State, or of an
13offense that is substantially equivalent to the following
14offenses under the laws of any other state or of the laws of
15the United States, as verified by court records, records from
16a state agency, or a Federal Bureau of Investigation criminal
17history records check, only with a waiver described in Section
1840: those defined in Sections 8-1(b), 8-1.1, 8-1.2, 9-1,
199-1.2, 9-2, 9-2.1, 9-3, 9-3.1, 9-3.2, 9-3.3, 9-3.4, 10-1,
2010-2, 10-3, 10-3.1, 10-4, 10-5, 10-7, 11-1.20, 11-1.30,
2111-1.40, 11-1.50, 11-1.60, 11-6, 11-9.1, 11-9.2, 11-9.3,
2211-9.4-1, 11-9.5, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1,
2312-2, 12-3.05, 12-3.1, 12-3.2, 12-3.3, 12-4, 12-4.1, 12-4.2,
2412-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-7.4, 12-11, 12-13,
2512-14, 12-14.1, 12-15, 12-16, 12-19, 12-20.5, 12-21, 12-21.5,

 

 

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112-21.6, 12-32, 12-33, 12C-5, 12C-10, 16-1, 16-1.3, 16-25,
216A-3, 17-3, 17-56, 18-1, 18-2, 18-3, 18-4, 18-5, 19-1, 19-3,
319-4, 19-6, 20-1, 20-1.1, 24-1, 24-1.2, 24-1.5, 24-1.8,
424-3.8, or 33A-2, or subdivision (a)(4) of Section 11-14.4, or
5in subsection (a) of Section 12-3 or subsection (a) or (b) of
6Section 12-4.4a, of the Criminal Code of 1961 or the Criminal
7Code of 2012; those provided in Section 4 of the Wrongs to
8Children Act; those provided in Section 53 of the Criminal
9Jurisprudence Act; those defined in subsection (c), (d), (e),
10(f), or (g) of Section 5 or Section 5.1, 5.2, 7, or 9 of the
11Cannabis Control Act; those defined in the Methamphetamine
12Control and Community Protection Act; those defined in
13Sections 401, 401.1, 404, 405, 405.1, 407, or 407.1 of the
14Illinois Controlled Substances Act; or subsection (a) of
15Section 3.01, Section 3.02, or Section 3.03 of the Humane Care
16for Animals Act.
17    (a-1) A health care employer or long-term care facility
18may hire, employ, or retain any individual in a position
19involving direct care for clients, patients, or residents, or
20access to the living quarters or the financial, medical, or
21personal records of clients, patients, or residents who has
22been convicted of committing or attempting to commit one or
23more of the following offenses under the laws of this State, or
24of an offense that is substantially equivalent to the
25following offenses under the laws of any other state or of the
26laws of the United States, as verified by court records,

 

 

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1records from a state agency, or a Federal Bureau of
2Investigation criminal history records check, only with a
3waiver described in Section 40: those offenses defined in
4Section 12-3.3, 12-4.2-5, 16-2, 16-30, 16G-15, 16G-20, 17-33,
517-34, 17-36, 17-44, 18-5, 20-1.2, 24-1.1, 24-1.2-5, 24-1.6,
624-3.2, or 24-3.3, or subsection (b) of Section 17-32,
7subsection (b) of Section 18-1, or subsection (b) of Section
820-1, of the Criminal Code of 1961 or the Criminal Code of
92012; Section 4, 5, 6, 8, or 17.02 of the Illinois Credit Card
10and Debit Card Act; or Section 11-9.1A of the Criminal Code of
111961 or the Criminal Code of 2012 or Section 5.1 of the Wrongs
12to Children Act; or (ii) violated Section 50-50 of the Nurse
13Practice Act.
14    A health care employer is not required to retain an
15individual in a position with duties involving direct care for
16clients, patients, or residents, and no long-term care
17facility is required to retain an individual in a position
18with duties that involve or may involve contact with residents
19or access to the living quarters or the financial, medical, or
20personal records of residents, who has been convicted of
21committing or attempting to commit one or more of the offenses
22enumerated in this subsection.
23    (b) A health care employer shall not hire, employ, or
24retain, whether paid or on a volunteer basis, any individual
25in a position with duties involving direct care of clients,
26patients, or residents, and no long-term care facility shall

 

 

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1knowingly hire, employ, or retain, whether paid or on a
2volunteer basis, any individual in a position with duties that
3involve or may involve contact with residents or access to the
4living quarters or the financial, medical, or personal records
5of residents, if the health care employer becomes aware that
6the individual has been convicted in another state of
7committing or attempting to commit an offense that has the
8same or similar elements as an offense listed in subsection
9(a) or (a-1), as verified by court records, records from a
10state agency, or an FBI criminal history record check, unless
11the applicant or employee obtains a waiver pursuant to Section
1240 of this Act. This shall not be construed to mean that a
13health care employer has an obligation to conduct a criminal
14history records check in other states in which an employee has
15resided.
16    (c) A health care employer shall not hire, employ, or
17retain, whether paid or on a volunteer basis, any individual
18in a position with duties involving direct care of clients,
19patients, or residents, who has a finding by the Department of
20abuse, neglect, misappropriation of property, or theft denoted
21on the Health Care Worker Registry.
22    (d) A health care employer shall not hire, employ, or
23retain, whether paid or on a volunteer basis, any individual
24in a position with duties involving direct care of clients,
25patients, or residents if the individual has a verified and
26substantiated finding of abuse, neglect, or financial

 

 

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1exploitation, as identified within the Adult Protective
2Service Registry established under Section 7.5 of the Adult
3Protective Services Act.
4    (e) A health care employer shall not hire, employ, or
5retain, whether paid or on a volunteer basis, any individual
6in a position with duties involving direct care of clients,
7patients, or residents who has a finding by the Department of
8Human Services denoted on the Health Care Worker Registry of
9physical or sexual abuse, financial exploitation, egregious
10neglect, or material obstruction of an investigation.
11(Source: P.A. 103-76, eff. 6-9-23; 103-428, eff. 1-1-24;
12revised 12-15-23.)
 
13    Section 395. The Music Therapy Licensing and Practice Act
14is amended by changing Section 95 as follows:
 
15    (225 ILCS 56/95)
16    (Section scheduled to be repealed on January 1, 2028)
17    Sec. 95. Grounds for discipline.
18    (a) The Department may refuse to issue, renew, or may
19revoke, suspend, place on probation, reprimand, or take other
20disciplinary or nondisciplinary action as the Department deems
21appropriate, including the issuance of fines not to exceed
22$10,000 for each violation, with regard to any license for any
23one or more of the following:
24        (1) Material misstatement in furnishing information to

 

 

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1    the Department or to any other State agency.
2        (2) Violations or negligent or intentional disregard
3    of this Act, or any of its rules.
4        (3) Conviction by plea of guilty or nolo contendere,
5    finding of guilt, jury verdict, or entry of judgment or
6    sentencing, including, but not limited to, convictions,
7    preceding sentences of supervision, conditional discharge,
8    or first offender probation, under the laws of any
9    jurisdiction of the United States (i) that is a felony or
10    (ii) that is a misdemeanor, an essential element of which
11    is dishonesty, or that is directly related to the practice
12    of music therapy.
13        (4) Making any misrepresentation for the purpose of
14    obtaining a license, or violating any provision of this
15    Act or its rules.
16        (5) Negligence in the rendering of music therapy
17    services.
18        (6) Aiding or assisting another person in violating
19    any provision of this Act or any of its rules.
20        (7) Failing to provide information within 60 days in
21    response to a written request made by the Department.
22        (8) Engaging in dishonorable, unethical, or
23    unprofessional conduct of a character likely to deceive,
24    defraud, or harm the public and violating the rules of
25    professional conduct adopted by the Department.
26        (9) Failing to maintain the confidentiality of any

 

 

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1    information received from a client, unless otherwise
2    authorized or required by law.
3        (10) Failure to maintain client records of services
4    provided and provide copies to clients upon request.
5        (11) Exploiting a client for personal advantage,
6    profit, or interest.
7        (12) Habitual or excessive use or addiction to
8    alcohol, narcotics, stimulants, or any other chemical
9    agent or drug which results in inability to practice with
10    reasonable skill, judgment, or safety.
11        (13) Discipline by another governmental agency or unit
12    of government, by any jurisdiction of the United States,
13    or by a foreign nation, if at least one of the grounds for
14    the discipline is the same or substantially equivalent to
15    those set forth in this Section.
16        (14) Directly or indirectly giving to or receiving
17    from any person, firm, corporation, partnership, or
18    association any fee, commission, rebate, or other form of
19    compensation for any professional service not actually
20    rendered. Nothing in this paragraph affects any bona fide
21    independent contractor or employment arrangements among
22    health care professionals, health facilities, health care
23    providers, or other entities, except as otherwise
24    prohibited by law. Any employment arrangements may include
25    provisions for compensation, health insurance, pension, or
26    other employment benefits for the provision of services

 

 

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1    within the scope of the licensee's practice under this
2    Act. Nothing in this paragraph shall be construed to
3    require an employment arrangement to receive professional
4    fees for services rendered.
5        (15) A finding by the Department that the licensee,
6    after having the license placed on probationary status,
7    has violated the terms of probation.
8        (16) Failing to refer a client to other health care
9    professionals when the licensee is unable or unwilling to
10    adequately support or serve the client.
11        (17) Willfully filing false reports relating to a
12    licensee's practice, including, but not limited to, false
13    records filed with federal or State agencies or
14    departments.
15        (18) Willfully failing to report an instance of
16    suspected child abuse or neglect as required by the Abused
17    and Neglected Child Reporting Act.
18        (19) Being named as a perpetrator in an indicated
19    report by the Department of Children and Family Services
20    pursuant to the Abused and Neglected Child Reporting Act,
21    and upon proof by clear and convincing evidence that the
22    licensee has caused a child to be an abused child or
23    neglected child as defined in the Abused and Neglected
24    Child Reporting Act.
25        (20) Physical or mental disability, including
26    deterioration through the aging process or loss of

 

 

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1    abilities and skills which results in the inability to
2    practice the profession with reasonable judgment, skill,
3    or safety.
4        (21) Solicitation of professional services by using
5    false or misleading advertising.
6        (22) Fraud or making any misrepresentation in applying
7    for or procuring a license under this Act or in connection
8    with applying for renewal of a license under this Act.
9        (23) Practicing or attempting to practice under a name
10    other than the full name as shown on the license or any
11    other legally authorized name.
12        (24) Gross overcharging for professional services,
13    including filing statements for collection of fees or
14    moneys for which services are not rendered.
15        (25) Charging for professional services not rendered,
16    including filing false statements for the collection of
17    fees for which services are not rendered.
18        (26) Allowing one's license under this Act to be used
19    by an unlicensed person in violation of this Act.
20    (b) The determination by a court that a licensee is
21subject to involuntary admission or judicial admission as
22provided in the Mental Health and Developmental Disabilities
23Code shall result in an automatic suspension of the licensee's
24license. The suspension will end upon a finding by a court that
25the licensee is no longer subject to involuntary admission or
26judicial admission, the issuance of an order so finding and

 

 

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1discharging the patient, and the determination of the
2Secretary that the licensee be allowed to resume professional
3practice.
4    (c) The Department may refuse to issue or renew or may
5suspend without hearing the license of any person who fails to
6file a return, to pay the tax penalty or interest shown in a
7filed return, or to pay any final assessment of the tax,
8penalty, or interest as required by any Act regarding the
9payment of taxes administered by the Department of Revenue
10until the requirements of the Act are satisfied in accordance
11with subsection (g) of Section 2105-15 of the Department of
12Professional Regulation Law of the Civil Administrative Code
13of Illinois.
14    (d) In cases where the Department of Healthcare and Family
15Services has previously determined that a licensee or a
16potential licensee is more than 30 days delinquent in the
17payment of child support and has subsequently certified the
18delinquency to the Department, the Department may refuse to
19issue or renew or may revoke or suspend that person's license
20or may take other disciplinary action against that person
21based solely upon the certification of delinquency made by the
22Department of Healthcare and Family Services in accordance
23with paragraph (5) of subsection (a) of Section 2105-15 of the
24Department of Professional Regulation Law of the Civil
25Administrative Code of Illinois.
26    (e) All fines or costs imposed under this Section shall be

 

 

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1paid within 60 days after the effective date of the order
2imposing the fine or costs or in accordance with the terms set
3forth in the order imposing the fine.
4(Source: P.A. 102-993, eff. 5-27-22; revised 1-3-24.)
 
5    Section 400. The Licensed Certified Professional Midwife
6Practice Act is amended by changing Section 100 as follows:
 
7    (225 ILCS 64/100)
8    (Section scheduled to be repealed on January 1, 2027)
9    Sec. 100. Grounds for disciplinary action.
10    (a) The Department may refuse to issue or to renew, or may
11revoke, suspend, place on probation, reprimand, or take other
12disciplinary or non-disciplinary action with regard to any
13license issued under this Act as the Department may deem
14proper, including the issuance of fines not to exceed $10,000
15for each violation, for any one or combination of the
16following causes:
17        (1) Material misstatement in furnishing information to
18    the Department.
19        (2) Violations of this Act, or the rules adopted under
20    this Act.
21        (3) Conviction by plea of guilty or nolo contendere,
22    finding of guilt, jury verdict, or entry of judgment or
23    sentencing, including, but not limited to, convictions,
24    preceding sentences of supervision, conditional discharge,

 

 

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1    or first offender probation, under the laws of any
2    jurisdiction of the United States that is: (i) a felony;
3    or (ii) a misdemeanor, an essential element of which is
4    dishonesty, or that is directly related to the practice of
5    the profession.
6        (4) Making any misrepresentation for the purpose of
7    obtaining licenses.
8        (5) Professional incompetence.
9        (6) Aiding or assisting another person in violating
10    any provision of this Act or its rules.
11        (7) Failing, within 60 days, to provide information in
12    response to a written request made by the Department.
13        (8) Engaging in dishonorable, unethical, or
14    unprofessional conduct, as defined by rule, of a character
15    likely to deceive, defraud, or harm the public.
16        (9) Habitual or excessive use or addiction to alcohol,
17    narcotics, stimulants, or any other chemical agent or drug
18    that results in a midwife's inability to practice with
19    reasonable judgment, skill, or safety.
20        (10) Discipline by another U.S. jurisdiction or
21    foreign nation, if at least one of the grounds for
22    discipline is the same or substantially equivalent to
23    those set forth in this Section.
24        (11) Directly or indirectly giving to or receiving
25    from any person, firm, corporation, partnership, or
26    association any fee, commission, rebate or other form of

 

 

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1    compensation for any professional services not actually or
2    personally rendered. Nothing in this paragraph affects any
3    bona fide independent contractor or employment
4    arrangements, including provisions for compensation,
5    health insurance, pension, or other employment benefits,
6    with persons or entities authorized under this Act for the
7    provision of services within the scope of the licensee's
8    practice under this Act.
9        (12) A finding by the Department that the licensee,
10    after having his or her license placed on probationary
11    status, has violated the terms of probation.
12        (13) Abandonment of a patient.
13        (14) Willfully making or filing false records or
14    reports in his or her practice, including, but not limited
15    to, false records filed with state agencies or
16    departments.
17        (15) Willfully failing to report an instance of
18    suspected child abuse or neglect as required by the Abused
19    and Neglected Child Reporting Act.
20        (16) Physical illness, or mental illness or impairment
21    that results in the inability to practice the profession
22    with reasonable judgment, skill, or safety, including, but
23    not limited to, deterioration through the aging process or
24    loss of motor skill.
25        (17) Being named as a perpetrator in an indicated
26    report by the Department of Children and Family Services

 

 

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1    under the Abused and Neglected Child Reporting Act, and
2    upon proof by clear and convincing evidence that the
3    licensee has caused a child to be an abused child or
4    neglected child as defined in the Abused and Neglected
5    Child Reporting Act.
6        (18) Gross negligence resulting in permanent injury or
7    death of a patient.
8        (19) Employment of fraud, deception, or any unlawful
9    means in applying for or securing a license as a licensed
10    certified professional profession midwife.
11        (21) Immoral conduct in the commission of any act,
12    including sexual abuse, sexual misconduct, or sexual
13    exploitation related to the licensee's practice.
14        (22) Violation of the Health Care Worker Self-Referral
15    Act.
16        (23) Practicing under a false or assumed name, except
17    as provided by law.
18        (24) Making a false or misleading statement regarding
19    his or her skill or the efficacy or value of the medicine,
20    treatment, or remedy prescribed by him or her in the
21    course of treatment.
22        (25) Allowing another person to use his or her license
23    to practice.
24        (26) Prescribing, selling, administering,
25    distributing, giving, or self-administering a drug
26    classified as a controlled substance for purposes other

 

 

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1    than medically accepted medically-accepted therapeutic
2    purposes.
3        (27) Promotion of the sale of drugs, devices,
4    appliances, or goods provided for a patient in a manner to
5    exploit the patient for financial gain.
6        (28) A pattern of practice or other behavior that
7    demonstrates incapacity or incompetence to practice under
8    this Act.
9        (29) Violating State or federal laws, rules, or
10    regulations relating to controlled substances or other
11    legend drugs or ephedra as defined in the Ephedra
12    Prohibition Act.
13        (30) Failure to establish and maintain records of
14    patient care and treatment as required by law.
15        (31) Attempting to subvert or cheat on the examination
16    of the North American Registry of Midwives or its
17    successor agency.
18        (32) Willfully or negligently violating the
19    confidentiality between licensed certified professional
20    profession midwives and patient, except as required by
21    law.
22        (33) Willfully failing to report an instance of
23    suspected abuse, neglect, financial exploitation, or
24    self-neglect of an eligible adult as defined in and
25    required by the Adult Protective Services Act.
26        (34) Being named as an abuser in a verified report by

 

 

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1    the Department on Aging under the Adult Protective
2    Services Act and upon proof by clear and convincing
3    evidence that the licensee abused, neglected, or
4    financially exploited an eligible adult as defined in the
5    Adult Protective Services Act.
6        (35) Failure to report to the Department an adverse
7    final action taken against him or her by another licensing
8    jurisdiction of the United States or a foreign state or
9    country, a peer review body, a health care institution, a
10    professional society or association, a governmental
11    agency, a law enforcement agency, or a court.
12        (36) Failure to provide copies of records of patient
13    care or treatment, except as required by law.
14        (37) Failure of a licensee to report to the Department
15    surrender by the licensee of a license or authorization to
16    practice in another state or jurisdiction or current
17    surrender by the licensee of membership professional
18    association or society while under disciplinary
19    investigation by any of those authorities or bodies for
20    acts or conduct similar to acts or conduct that would
21    constitute grounds for action under this Section.
22        (38) Failing, within 90 days, to provide a response to
23    a request for information in response to a written request
24    made by the Department by certified or registered mail or
25    by email to the email address of record.
26        (39) Failure to supervise a midwife assistant or

 

 

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1    student midwife including, but not limited to, allowing a
2    midwife assistant or student midwife to exceed their
3    scope.
4        (40) Failure to adequately inform a patient about
5    their malpractice liability insurance coverage and the
6    policy limits of the coverage.
7        (41) Failure to submit an annual report to the
8    Department of Public Health.
9        (42) Failure to disclose active cardiopulmonary
10    resuscitation certification or neonatal resuscitation
11    provider status to clients.
12        (43) Engaging in one of the prohibited practices
13    provided for in Section 85 of this Act.
14    (b) The Department may, without a hearing, refuse to issue
15or renew or may suspend the license of any person who fails to
16file a return, or to pay the tax, penalty, or interest shown in
17a filed return, or to pay any final assessment of the tax,
18penalty, or interest as required by any tax Act administered
19by the Department of Revenue, until the requirements of any
20such tax Act are satisfied.
21    (c) The determination by a circuit court that a licensee
22is subject to involuntary admission or judicial admission as
23provided in the Mental Health and Developmental Disabilities
24Code operates as an automatic suspension. The suspension will
25end only upon a finding by a court that the patient is no
26longer subject to involuntary admission or judicial admission

 

 

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1and issues an order so finding and discharging the patient,
2and upon the recommendation of the Board to the Secretary that
3the licensee be allowed to resume his or her practice.
4    (d) In enforcing this Section, the Department, upon a
5showing of a possible violation, may compel an individual
6licensed to practice under this Act, or who has applied for
7licensure under this Act, to submit to a mental or physical
8examination, or both, including a substance abuse or sexual
9offender evaluation, as required by and at the expense of the
10Department.
11    The Department shall specifically designate the examining
12physician licensed to practice medicine in all of its branches
13or, if applicable, the multidisciplinary team involved in
14providing the mental or physical examination or both. The
15multidisciplinary team shall be led by a physician licensed to
16practice medicine in all of its branches and may consist of one
17or more or a combination of physicians licensed to practice
18medicine in all of its branches, licensed clinical
19psychologists, licensed clinical social workers, licensed
20clinical professional counselors, and other professional and
21administrative staff. Any examining physician or member of the
22multidisciplinary team may require any person ordered to
23submit to an examination pursuant to this Section to submit to
24any additional supplemental testing deemed necessary to
25complete any examination or evaluation process, including, but
26not limited to, blood testing, urinalysis, psychological

 

 

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1testing, or neuropsychological testing.
2    The Department may order the examining physician or any
3member of the multidisciplinary team to provide to the
4Department any and all records, including business records,
5that relate to the examination and evaluation, including any
6supplemental testing performed.
7    The Department may order the examining physician or any
8member of the multidisciplinary team to present testimony
9concerning the mental or physical examination of the licensee
10or applicant. No information, report, record, or other
11documents in any way related to the examination shall be
12excluded by reason of any common law or statutory privilege
13relating to communications between the licensee or applicant
14and the examining physician or any member of the
15multidisciplinary team. No authorization is necessary from the
16licensee or applicant ordered to undergo an examination for
17the examining physician or any member of the multidisciplinary
18team to provide information, reports, records, or other
19documents or to provide any testimony regarding the
20examination and evaluation.
21    The individual to be examined may have, at his or her own
22expense, another physician of his or her choice present during
23all aspects of this examination. However, that physician shall
24be present only to observe and may not interfere in any way
25with the examination.
26    Failure of an individual to submit to a mental or physical

 

 

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1examination, when ordered, shall result in an automatic
2suspension of his or her license until the individual submits
3to the examination.
4    If the Department finds an individual unable to practice
5because of the reasons set forth in this Section, the
6Department may require that individual to submit to care,
7counseling, or treatment by physicians approved or designated
8by the Department, as a condition, term, or restriction for
9continued, reinstated, or renewed licensure to practice; or,
10in lieu of care, counseling, or treatment, the Department may
11file a complaint to immediately suspend, revoke, or otherwise
12discipline the license of the individual. An individual whose
13license was granted, continued, reinstated, renewed,
14disciplined, or supervised subject to such terms, conditions,
15or restrictions, and who fails to comply with such terms,
16conditions, or restrictions, shall be referred to the
17Secretary for a determination as to whether the individual
18shall have his or her license suspended immediately, pending a
19hearing by the Department.
20    In instances in which the Secretary immediately suspends a
21person's license under this Section, a hearing on that
22person's license must be convened by the Department within 30
23days after the suspension and completed without appreciable
24delay. The Department shall have the authority to review the
25subject individual's record of treatment and counseling
26regarding the impairment to the extent permitted by applicable

 

 

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1federal statutes and regulations safeguarding the
2confidentiality of medical records.
3    An individual licensed under this Act and affected under
4this Section shall be afforded an opportunity to demonstrate
5to the Department that he or she can resume practice in
6compliance with acceptable and prevailing standards under the
7provisions of his or her license.
8(Source: P.A. 102-683, eff. 10-1-22; revised 1-30-24.)
 
9    Section 405. The Physician Assistant Practice Act of 1987
10is amended by changing Section 7.5 as follows:
 
11    (225 ILCS 95/7.5)
12    (Section scheduled to be repealed on January 1, 2028)
13    Sec. 7.5. Written collaborative agreements; prescriptive
14authority.
15    (a) A written collaborative agreement is required for all
16physician assistants to practice in the State, except as
17provided in Section 7.7 of this Act.
18        (1) A written collaborative agreement shall describe
19    the working relationship of the physician assistant with
20    the collaborating physician and shall describe the
21    categories of care, treatment, or procedures to be
22    provided by the physician assistant. The written
23    collaborative agreement shall promote the exercise of
24    professional judgment by the physician assistant

 

 

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1    commensurate with his or her education and experience. The
2    services to be provided by the physician assistant shall
3    be services that the collaborating physician is authorized
4    to and generally provides to his or her patients in the
5    normal course of his or her clinical medical practice. The
6    written collaborative agreement need not describe the
7    exact steps that a physician assistant must take with
8    respect to each specific condition, disease, or symptom
9    but must specify which authorized procedures require the
10    presence of the collaborating physician as the procedures
11    are being performed. The relationship under a written
12    collaborative agreement shall not be construed to require
13    the personal presence of a physician at the place where
14    services are rendered. Methods of communication shall be
15    available for consultation with the collaborating
16    physician in person or by telecommunications or electronic
17    communications as set forth in the written collaborative
18    agreement. For the purposes of this Act, "generally
19    provides to his or her patients in the normal course of his
20    or her clinical medical practice" means services, not
21    specific tasks or duties, the collaborating physician
22    routinely provides individually or through delegation to
23    other persons so that the physician has the experience and
24    ability to collaborate and provide consultation.
25        (2) The written collaborative agreement shall be
26    adequate if a physician does each of the following:

 

 

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1            (A) Participates in the joint formulation and
2        joint approval of orders or guidelines with the
3        physician assistant and he or she periodically reviews
4        such orders and the services provided patients under
5        such orders in accordance with accepted standards of
6        medical practice and physician assistant practice.
7            (B) Provides consultation at least once a month.
8        (3) A copy of the signed, written collaborative
9    agreement must be available to the Department upon request
10    from both the physician assistant and the collaborating
11    physician.
12        (4) A physician assistant shall inform each
13    collaborating physician of all written collaborative
14    agreements he or she has signed and provide a copy of these
15    to any collaborating physician upon request.
16    (b) A collaborating physician may, but is not required to,
17delegate prescriptive authority to a physician assistant as
18part of a written collaborative agreement. This authority may,
19but is not required to, include prescription of, selection of,
20orders for, administration of, storage of, acceptance of
21samples of, and dispensing medical devices, over-the-counter
22over the counter medications, legend drugs, medical gases, and
23controlled substances categorized as Schedule II through V
24controlled substances, as defined in Article II of the
25Illinois Controlled Substances Act, and other preparations,
26including, but not limited to, botanical and herbal remedies.

 

 

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1The collaborating physician must have a valid, current
2Illinois controlled substance license and federal registration
3with the Drug Enforcement Administration to delegate the
4authority to prescribe controlled substances.
5        (1) To prescribe Schedule II, III, IV, or V controlled
6    substances under this Section, a physician assistant must
7    obtain a mid-level practitioner controlled substances
8    license. Medication orders issued by a physician assistant
9    shall be reviewed periodically by the collaborating
10    physician.
11        (2) The collaborating physician shall file with the
12    Department notice of delegation of prescriptive authority
13    to a physician assistant and termination of delegation,
14    specifying the authority delegated or terminated. Upon
15    receipt of this notice delegating authority to prescribe
16    controlled substances, the physician assistant shall be
17    eligible to register for a mid-level practitioner
18    controlled substances license under Section 303.05 of the
19    Illinois Controlled Substances Act. Nothing in this Act
20    shall be construed to limit the delegation of tasks or
21    duties by the collaborating physician to a nurse or other
22    appropriately trained persons in accordance with Section
23    54.2 of the Medical Practice Act of 1987.
24        (3) In addition to the requirements of this subsection
25    (b), a collaborating physician may, but is not required
26    to, delegate authority to a physician assistant to

 

 

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1    prescribe Schedule II controlled substances, if all of the
2    following conditions apply:
3            (A) Specific Schedule II controlled substances by
4        oral dosage or topical or transdermal application may
5        be delegated, provided that the delegated Schedule II
6        controlled substances are routinely prescribed by the
7        collaborating physician. This delegation must identify
8        the specific Schedule II controlled substances by
9        either brand name or generic name. Schedule II
10        controlled substances to be delivered by injection or
11        other route of administration may not be delegated.
12            (B) (Blank).
13            (C) Any prescription must be limited to no more
14        than a 30-day supply, with any continuation authorized
15        only after prior approval of the collaborating
16        physician.
17            (D) The physician assistant must discuss the
18        condition of any patients for whom a controlled
19        substance is prescribed monthly with the collaborating
20        physician.
21            (E) The physician assistant meets the education
22        requirements of Section 303.05 of the Illinois
23        Controlled Substances Act.
24    (c) Nothing in this Act shall be construed to limit the
25delegation of tasks or duties by a physician to a licensed
26practical nurse, a registered professional nurse, or other

 

 

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1persons. Nothing in this Act shall be construed to limit the
2method of delegation that may be authorized by any means,
3including, but not limited to, oral, written, electronic,
4standing orders, protocols, guidelines, or verbal orders.
5Nothing in this Act shall be construed to authorize a
6physician assistant to provide health care services required
7by law or rule to be performed by a physician. Nothing in this
8Act shall be construed to authorize the delegation or
9performance of operative surgery. Nothing in this Section
10shall be construed to preclude a physician assistant from
11assisting in surgery.
12    (c-5) Nothing in this Section shall be construed to apply
13to any medication authority, including Schedule II controlled
14substances of a licensed physician assistant for care provided
15in a hospital, hospital affiliate, federally qualified health
16center, or ambulatory surgical treatment center pursuant to
17Section 7.7 of this Act.
18    (d) (Blank).
19    (e) Nothing in this Section shall be construed to prohibit
20generic substitution.
21(Source: P.A. 102-558, eff. 8-20-21; 103-65, eff. 1-1-24;
22revised 1-2-24.)
 
23    Section 410. The Veterinary Medicine and Surgery Practice
24Act of 2004 is amended by changing Section 25.2 as follows:
 

 

 

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1    (225 ILCS 115/25.2)  (from Ch. 111, par. 7025.2)
2    (Section scheduled to be repealed on January 1, 2029)
3    Sec. 25.2. Investigation; notice and hearing. The
4Department may investigate the actions of any applicant or of
5any person or persons holding or claiming to hold a license or
6certificate. The Department shall, before refusing to issue,
7to renew or discipline a license or certificate under Section
825, at least 30 days prior to the date set for the hearing,
9notify the applicant or licensee in writing of the nature of
10the charges and the time and place for a hearing on the
11charges. The Department shall direct the applicant,
12certificate holder, or licensee to file a written answer to
13the charges with the Board under oath within 20 days after the
14service of the notice and inform the applicant, certificate
15holder, or licensee that failure to file an answer will result
16in default being taken against the applicant, certificate
17holder, or licensee. At the time and place fixed in the notice,
18the Department shall proceed to hear the charges and the
19parties or their counsel shall be accorded ample opportunity
20to present any pertinent statements, testimony, evidence, and
21arguments. The Department may continue the hearing from time
22to time. In case the person, after receiving the notice, fails
23to file an answer, his or her license may, in the discretion of
24the Department, be revoked, suspended, placed on probationary
25status, or the Department may take whatever disciplinary
26action considered proper, including limiting the scope,

 

 

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1nature, or extent of the person's practice or the imposition
2of a fine, without a hearing, if the act or acts charged
3constitute sufficient grounds for that action under the Act.
4The written notice and any notice in the subsequent proceeding
5may be served by registered or certified mail to the
6licensee's address of record or, if in the course of the
7administrative proceeding the party has previously designated
8a specific email address at which to accept electronic service
9for that specific proceeding, by sending a copy by email to the
10party's an email address on record.
11(Source: P.A. 103-309, eff. 1-1-24; 103-505, eff. 1-1-24;
12revised 9-28-23.)
 
13    Section 415. The Registered Surgical Assistant and
14Registered Surgical Technologist Title Protection Act is
15amended by changing Section 75 as follows:
 
16    (225 ILCS 130/75)
17    (Section scheduled to be repealed on January 1, 2029)
18    Sec. 75. Grounds for disciplinary action.
19    (a) The Department may refuse to issue, renew, or restore
20a registration, may revoke or suspend a registration, or may
21place on probation, reprimand, or take other disciplinary or
22non-disciplinary action with regard to a person registered
23under this Act, including, but not limited to, the imposition
24of fines not to exceed $10,000 for each violation and the

 

 

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1assessment of costs as provided for in Section 90, for any one
2or combination of the following causes:
3        (1) Making a material misstatement in furnishing
4    information to the Department.
5        (2) Violating a provision of this Act or rules adopted
6    under this Act.
7        (3) Conviction by plea of guilty or nolo contendere,
8    finding of guilt, jury verdict, or entry of judgment or by
9    sentencing of any crime, including, but not limited to,
10    convictions, preceding sentences of supervision,
11    conditional discharge, or first offender probation, under
12    the laws of any jurisdiction of the United States that is
13    (i) a felony or (ii) a misdemeanor, an essential element
14    of which is dishonesty, or that is directly related to the
15    practice of the profession.
16        (4) Fraud or misrepresentation in applying for,
17    renewing, restoring, reinstating, or procuring a
18    registration under this Act.
19        (5) Aiding or assisting another person in violating a
20    provision of this Act or its rules.
21        (6) Failing to provide information within 60 days in
22    response to a written request made by the Department.
23        (7) Engaging in dishonorable, unethical, or
24    unprofessional conduct of a character likely to deceive,
25    defraud, or harm the public, as defined by rule of the
26    Department.

 

 

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1        (8) Discipline by another United States jurisdiction,
2    governmental agency, unit of government, or foreign
3    nation, if at least one of the grounds for discipline is
4    the same or substantially equivalent to those set forth in
5    this Section.
6        (9) Directly or indirectly giving to or receiving from
7    a person, firm, corporation, partnership, or association a
8    fee, commission, rebate, or other form of compensation for
9    professional services not actually or personally rendered.
10    Nothing in this paragraph (9) affects any bona fide
11    independent contractor or employment arrangements among
12    health care professionals, health facilities, health care
13    providers, or other entities, except as otherwise
14    prohibited by law. Any employment arrangements may include
15    provisions for compensation, health insurance, pension, or
16    other employment benefits for the provision of services
17    within the scope of the registrant's practice under this
18    Act. Nothing in this paragraph (9) shall be construed to
19    require an employment arrangement to receive professional
20    fees for services rendered.
21        (10) A finding by the Department that the registrant,
22    after having the registration placed on probationary
23    status, has violated the terms of probation.
24        (11) Willfully making or filing false records or
25    reports in the practice, including, but not limited to,
26    false records or reports filed with State agencies.

 

 

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1        (12) Willfully making or signing a false statement,
2    certificate, or affidavit to induce payment.
3        (13) Willfully failing to report an instance of
4    suspected child abuse or neglect as required under the
5    Abused and Neglected Child Reporting Act.
6        (14) Being named as a perpetrator in an indicated
7    report by the Department of Children and Family Services
8    under the Abused and Neglected Child Reporting Act and
9    upon proof by clear and convincing evidence that the
10    registrant has caused a child to be an abused child or
11    neglected child as defined in the Abused and Neglected
12    Child Reporting Act.
13        (15) (Blank).
14        (16) Failure to report to the Department (A) any
15    adverse final action taken against the registrant by
16    another registering or licensing jurisdiction, government
17    agency, law enforcement agency, or any court or (B)
18    liability for conduct that would constitute grounds for
19    action as set forth in this Section.
20        (17) Habitual or excessive use or abuse of drugs
21    defined in law as controlled substances, alcohol, or any
22    other substance that results in the inability to practice
23    with reasonable judgment, skill, or safety.
24        (18) Physical or mental illness, including, but not
25    limited to, deterioration through the aging process or
26    loss of motor skills, which results in the inability to

 

 

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1    practice the profession for which the person is registered
2    with reasonable judgment, skill, or safety.
3        (19) Gross malpractice.
4        (20) Immoral conduct in the commission of an act
5    related to the registrant's practice, including, but not
6    limited to, sexual abuse, sexual misconduct, or sexual
7    exploitation.
8        (21) Violation of the Health Care Worker Self-Referral
9    Act.
10    (b) The Department may refuse to issue or may suspend
11without hearing the registration of a person who fails to file
12a return, to pay the tax, penalty, or interest shown in a filed
13return, or to pay a final assessment of the tax, penalty, or
14interest as required by a tax Act administered by the
15Department of Revenue, until the requirements of the tax Act
16are satisfied in accordance with subsection (g) of Section
172105-15 of the Department of Regulation Law of the Civil
18Administrative Code of Illinois.
19    (b-1) The Department shall not revoke, suspend, summarily
20suspend, place on probation, reprimand, refuse to issue or
21renew, or take any other disciplinary or non-disciplinary
22action against the license issued under this Act to practice
23as a registered surgical assistant or registered surgical
24technologist based solely upon the registered surgical
25assistant or registered surgical technologist providing,
26authorizing, recommending, aiding, assisting, referring for,

 

 

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1or otherwise participating in any health care service, so long
2as the care was not unlawful under the laws of this State,
3regardless of whether the patient was a resident of this State
4or another state.
5    (b-2) The Department shall not revoke, suspend, summarily
6suspend, place on prohibition, reprimand, refuse to issue or
7renew, or take any other disciplinary or non-disciplinary
8action against the license issued under this Act to practice
9as a registered surgical assistant or registered surgical
10technologist based upon the registered surgical assistant's or
11registered surgical technologist's license being revoked or
12suspended, or the registered surgical assistant's or
13registered surgical technologist's being otherwise disciplined
14by any other state, if that revocation, suspension, or other
15form of discipline was based solely on the registered surgical
16assistant or registered surgical technologist violating
17another state's laws prohibiting the provision of,
18authorization of, recommendation of, aiding or assisting in,
19referring for, or participation in any health care service if
20that health care service as provided would not have been
21unlawful under the laws of this State and is consistent with
22the standards of conduct for the registered surgical assistant
23or registered surgical technologist practicing in this State.
24    (b-3) The conduct specified in subsection (b-1) or (b-2)
25shall not constitute grounds for suspension under Section 145.
26    (b-4) An applicant seeking licensure, certification, or

 

 

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1authorization pursuant to this Act who has been subject to
2disciplinary action by a duly authorized professional
3disciplinary agency of another jurisdiction solely on the
4basis of having provided, authorized, recommended, aided,
5assisted, referred for, or otherwise participated in health
6care shall not be denied such licensure, certification, or
7authorization, unless the Department determines that such
8action would have constituted professional misconduct in this
9State. Nothing in this Section shall be construed as
10prohibiting the Department from evaluating the conduct of such
11applicant and making a determination regarding the licensure,
12certification, or authorization to practice a profession under
13this Act.
14    (c) The determination by a circuit court that a registrant
15is subject to involuntary admission or judicial admission as
16provided in the Mental Health and Developmental Disabilities
17Code operates as an automatic suspension. The suspension will
18end only upon (1) a finding by a court that the patient is no
19longer subject to involuntary admission or judicial admission,
20(2) issuance of an order so finding and discharging the
21patient, and (3) filing of a petition for restoration
22demonstrating fitness to practice.
23    (d) (Blank).
24    (e) In cases where the Department of Healthcare and Family
25Services has previously determined a registrant or a potential
26registrant is more than 30 days delinquent in the payment of

 

 

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1child support and has subsequently certified the delinquency
2to the Department, the Department may refuse to issue or renew
3or may revoke or suspend that person's registration or may
4take other disciplinary action against that person based
5solely upon the certification of delinquency made by the
6Department of Healthcare and Family Services in accordance
7with paragraph (5) of subsection (a) of Section 2105-15 of the
8Department of Professional Regulation Law of the Civil
9Administrative Code of Illinois.
10    (f) In enforcing this Section, the Department, upon a
11showing of a possible violation, may compel any individual
12registered under this Act or any individual who has applied
13for registration to submit to a mental or physical examination
14and evaluation, or both, that may include a substance abuse or
15sexual offender evaluation, at the expense of the Department.
16The Department shall specifically designate the examining
17physician licensed to practice medicine in all of its branches
18or, if applicable, the multidisciplinary team involved in
19providing the mental or physical examination and evaluation,
20or both. The multidisciplinary team shall be led by a
21physician licensed to practice medicine in all of its branches
22and may consist of one or more or a combination of physicians
23licensed to practice medicine in all of its branches, licensed
24chiropractic physicians, licensed clinical psychologists,
25licensed clinical social workers, licensed clinical
26professional counselors, and other professional and

 

 

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1administrative staff. Any examining physician or member of the
2multidisciplinary team may require any person ordered to
3submit to an examination and evaluation pursuant to this
4Section to submit to any additional supplemental testing
5deemed necessary to complete any examination or evaluation
6process, including, but not limited to, blood testing,
7urinalysis, psychological testing, or neuropsychological
8testing.
9    The Department may order the examining physician or any
10member of the multidisciplinary team to provide to the
11Department any and all records, including business records,
12that relate to the examination and evaluation, including any
13supplemental testing performed. The Department may order the
14examining physician or any member of the multidisciplinary
15team to present testimony concerning this examination and
16evaluation of the registrant or applicant, including testimony
17concerning any supplemental testing or documents relating to
18the examination and evaluation. No information, report,
19record, or other documents in any way related to the
20examination and evaluation shall be excluded by reason of any
21common law or statutory privilege relating to communication
22between the registrant or applicant and the examining
23physician or any member of the multidisciplinary team. No
24authorization is necessary from the registrant or applicant
25ordered to undergo an evaluation and examination for the
26examining physician or any member of the multidisciplinary

 

 

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1team to provide information, reports, records, or other
2documents or to provide any testimony regarding the
3examination and evaluation. The individual to be examined may
4have, at the individual's own expense, another physician of
5the individual's choice present during all aspects of the
6examination.
7    Failure of any individual to submit to mental or physical
8examination and evaluation, or both, when directed, shall
9result in an automatic suspension without a hearing until such
10time as the individual submits to the examination. If the
11Department finds a registrant unable to practice because of
12the reasons set forth in this Section, the Department shall
13require such registrant to submit to care, counseling, or
14treatment by physicians approved or designated by the
15Department as a condition for continued, reinstated, or
16renewed registration.
17    When the Secretary immediately suspends a registration
18under this Section, a hearing upon such person's registration
19must be convened by the Department within 15 days after such
20suspension and completed without appreciable delay. The
21Department shall have the authority to review the registrant's
22record of treatment and counseling regarding the impairment to
23the extent permitted by applicable federal statutes and
24regulations safeguarding the confidentiality of medical
25records.
26    Individuals registered under this Act and affected under

 

 

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1this Section shall be afforded an opportunity to demonstrate
2to the Department that they can resume practice in compliance
3with acceptable and prevailing standards under the provisions
4of their registration.
5    (g) All fines imposed under this Section shall be paid
6within 60 days after the effective date of the order imposing
7the fine or in accordance with the terms set forth in the order
8imposing the fine.
9    (f) The Department may adopt rules to implement the
10changes made by Public Act 102-1117 this amendatory Act of the
11102nd General Assembly.
12(Source: P.A. 102-1117, eff. 1-13-23; 103-387, eff. 1-1-24;
13revised 12-15-23.)
 
14    Section 420. The Solid Waste Site Operator Certification
15Law is amended by changing Section 1011 as follows:
 
16    (225 ILCS 230/1011)
17    Sec. 1011. Fees.
18    (a) Fees for the issuance or renewal of a Solid Waste Site
19Operator Certificate shall be as follows:
20        (1)(A) $400 for issuance or renewal for Solid Waste
21    Site Operators;
22        (B) (blank); and
23        (C) $100 for issuance or renewal for special waste
24    endorsements.

 

 

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1    (2) If the fee for renewal is not paid within the grace
2period, the above fees for renewal shall each be increased by
3$50.
4    (b) (Blank).
5    (c) All fees collected by the Agency under this Section
6shall be deposited into the Environmental Protection Permit
7and Inspection Fund to be used in accordance with the
8provisions of subsection (a) of Section 22.8 of the
9Environmental Protection Act.
10(Source: P.A. 102-1017, eff. 1-1-23; 102-1071, eff. 6-10-22;
11103-154, eff. 6-30-23; revised 9-21-23.)
 
12    Section 425. The Illinois Plumbing License Law is amended
13by changing Section 13.1 as follows:
 
14    (225 ILCS 320/13.1)
15    Sec. 13.1. Plumbing contractors; registration;
16applications.
17    (1) On and after May 1, 2002, all persons or corporations
18desiring to engage in the business of plumbing contractor,
19other than any entity that maintains an audited net worth of
20shareholders' equity equal to or exceeding $100,000,000, shall
21register in accordance with the provisions of this Act.
22    (2) Application for registration shall be filed with the
23Department each year, on or before the last day of September,
24in writing and on forms prepared and furnished by the

 

 

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1Department. All plumbing contractor registrations expire on
2the last day of September of each year.
3    (3) Applications shall contain the name, address, and
4telephone number of the person and the plumbing license of (i)
5the individual, if a sole proprietorship; (ii) the partner, if
6a partnership; or (iii) an officer, if a corporation. The
7application shall contain the business name, address, and
8telephone number, a current copy of the plumbing license, and
9any other information the Department may require by rule.
10    (4) Applicants shall submit an original certificate of
11insurance documenting that the contractor carries general
12liability insurance with a minimum of $100,000 per occurrence,
13a minimum of $300,000 aggregate for bodily injury, property
14damage insurance with a minimum of $50,000 or a minimum of
15$300,000 combined single limit, and workers compensation
16insurance with a minimum $500,000 employer's liability. No
17registration may be issued in the absence of this certificate.
18Certificates must be in force at all times for registration to
19remain valid.
20    (5) Applicants shall submit, on a form provided by the
21Department, an indemnification bond in the amount of $20,000
22or a letter of credit in the same amount for work performed in
23accordance with this Act and the rules promulgated under this
24Act.
25    (5.5) The Department, upon notification by the Illinois
26Workers' Compensation Commission or the Department of

 

 

HB4844 Engrossed- 1301 -LRB103 39009 AMC 69146 b

1Insurance, shall refuse the issuance or renewal of a license
2to, or suspend or revoke the license of, any individual,
3corporation, partnership, or other business entity that has
4been found by the Illinois Workers' Compensation Commission or
5the Department of Insurance to have failed:
6        (a) to secure workers' compensation obligations in the
7    manner required by subsections (a) and (b) of Section 4 of
8    the Workers' Compensation Act;
9        (b) to pay in full a fine or penalty imposed by the
10    Illinois Workers' Compensation Commission or the
11    Department of Insurance due to a failure to secure
12    workers' compensation obligations in the manner required
13    by subsections (a) and (b) of Section 4 of the Workers'
14    Compensation Act; or
15        (c) to fulfill all obligations assumed pursuant to any
16    settlement reached with the Illinois Workers' Compensation
17    Commission or the Department of Insurance due to a failure
18    to secure workers' compensation obligations in the manner
19    required by subsections (a) and (b) of Section 4 of the
20    Workers' Compensation Act.
21    A complaint filed with the Department by the Illinois
22Workers' Compensation Commission or the Department of
23Insurance that includes a certification, signed by its
24Director or Chairman or designee, attesting to a finding of
25the failure to secure workers' compensation obligations in the
26manner required by subsections (a) and (b) of Section 4 of the

 

 

HB4844 Engrossed- 1302 -LRB103 39009 AMC 69146 b

1Workers' Compensation Act or the failure to pay any fines or
2penalties or to discharge any obligation under a settlement
3relating to the failure to secure workers' compensation
4obligations in the manner required by subsections (a) and (b)
5of Section 4 of the Workers' Compensation Act is prima facie
6evidence of the licensee's or applicant's failure to comply
7with subsections (a) and (b) of Section 4 of the Workers'
8Compensation Act. Upon receipt of that certification, the
9Department shall, without a hearing, immediately suspend all
10licenses held by the licensee or the processing of any
11application from the applicant. Enforcement of the
12Department's order shall be stayed for 60 days. The Department
13shall provide notice of the suspension to the licensee by
14mailing a copy of the Department's order to the licensee's or
15applicant's address of record or emailing a copy of the order
16to the licensee's or applicant's email address of record. The
17notice shall advise the licensee or applicant that the
18suspension shall be effective 60 days after the issuance of
19the order unless the Department receives, from the licensee or
20applicant, a request for a hearing before the Department to
21dispute the matters contained in the order.
22    Upon receiving notice from the Illinois Workers'
23Compensation Commission or the Department of Insurance that
24the violation has been corrected or otherwise resolved, the
25Department shall vacate the order suspending a licensee's
26license or the processing of an applicant's application.

 

 

HB4844 Engrossed- 1303 -LRB103 39009 AMC 69146 b

1    No license shall be suspended or revoked until after the
2licensee is afforded any due process protection guaranteed by
3statute or rule adopted by the Illinois Workers' Compensation
4Commission or the Department of Insurance.
5    (6) All employees of a registered plumbing contractor who
6engage in plumbing work shall be licensed plumbers or
7apprentice plumbers in accordance with this Act.
8    (7) Plumbing contractors shall submit an annual
9registration fee in an amount to be established by rule.
10    (8) The Department shall be notified in advance of any
11changes in the business structure, name, or location or of the
12addition or deletion of the owner or officer who is the
13licensed plumber listed on the application. Failure to notify
14the Department of this information is grounds for suspension
15or revocation of the plumbing contractor's registration.
16    (9) In the event that the plumber's license on the
17application for registration of a plumbing contractor is a
18license issued by the City of Chicago, it shall be the
19responsibility of the applicant to forward a copy of the
20plumber's license to the Department, noting the name of the
21registered plumbing contractor, when it is renewed. In the
22event that the plumbing contractor's registration is suspended
23or revoked, the Department shall notify the City of Chicago
24and any corresponding plumbing contractor's license issued by
25the City of Chicago shall be suspended or revoked.
26(Source: P.A. 103-26, eff. 1-1-24; revised 1-2-24.)
 

 

 

HB4844 Engrossed- 1304 -LRB103 39009 AMC 69146 b

1    Section 430. The Timber Buyers Licensing Act is amended by
2changing Section 2 as follows:
 
3    (225 ILCS 735/2)  (from Ch. 111, par. 702)
4    Sec. 2. Definitions. When used in this Act, unless the
5context otherwise requires, the term:
6    "Agent" means any person acting on behalf of a timber
7buyer, employed by a timber buyer, or under an agreement,
8whether oral or written, with a timber buyer who buys timber,
9attempts to buy timber, procures contracts for the purchase or
10cutting of timber, or attempts to procure contracts for the
11purchase or cutting of timber.
12    "Buying timber" means to buy, barter, cut on shares, or
13offer to buy, barter, cut on shares, or take possession of
14timber with the consent of the timber grower.
15    "Department" means the Department of Natural Resources.
16    "Director" means the Director of Natural Resources.
17    "Good standing" means any person who is not:
18        (1) currently serving a sentence of probation, or
19    conditional discharge, for a violation of this Act or
20    administrative rules adopted under this Act;
21        (2) owes any amount of money pursuant to a civil
22    judgment regarding the sale, cutting, or transportation of
23    timber;
24        (3) owes the Department any required fee, payment, or

 

 

HB4844 Engrossed- 1305 -LRB103 39009 AMC 69146 b

1    money required under this Act; or
2        (4) is currently serving a suspension or revocation of
3    any privilege that is granted under this Act.
4    "Liability insurance" means not less than $500,000 in
5insurance covering a timber buyer's business and agents that
6shall insure against the liability of the insured for the
7death, injury, or disability of an employee or other person
8and insurance against the liability of the insured for damage
9to or destruction of another person's property.
10    "Payment receipt" means copy or duplicate of an original
11receipt of payment for timber to a timber grower or duplicate
12of electronic or direct payment verification of funds received
13by timber grower.
14    "Person" means any person, partnership, firm, association,
15business trust, limited liability company, or corporation.
16    "Proof of ownership" means a printed document provided by
17the Department that serves as a written bill of lading.
18    "Resident" means a person who in good faith makes
19application for any license or permit and verifies by
20statement that the person has maintained the person's
21permanent abode or headquarters in this State for a period of
22at least 30 consecutive days immediately preceding the
23person's application and who does not maintain a permanent
24abode or headquarters or claim residency in another state for
25the purposes of obtaining any of the same or similar licenses
26or permits covered by this Act. A person's permanent abode or

 

 

HB4844 Engrossed- 1306 -LRB103 39009 AMC 69146 b

1headquarters is the person's fixed and permanent dwelling
2place or main location where the person conducts business, as
3distinguished from a temporary or transient place of residence
4or location.
5    "Timber" means trees, standing or felled, and parts
6thereof which can be used for sawing or processing into lumber
7for building or structural purposes or for the manufacture of
8any article. "Timber" does not include firewood, Christmas
9trees, fruit or ornamental trees, or wood products not used or
10to be used for building, structural, manufacturing, or
11processing purposes.
12    "Timber buyer" means any person licensed or unlicensed,
13who is engaged in the business of buying timber from the timber
14growers thereof for sawing into lumber, for processing or for
15resale, but does not include any person who occasionally
16purchases timber for sawing or processing for the person's own
17use and not for resale.
18    "Timber grower" means the owner, tenant, or operator of
19land in this State who has an interest in, or is entitled to
20receive any part of the proceeds from the sale of timber grown
21in this State and includes persons exercising authority to
22sell timber.
23    "Transporter" means any person acting on behalf of a
24timber buyer, employed by a timber buyer, or under an
25agreement, whether oral or written, with a timber buyer who
26takes or carries timber from one place to another by means of a

 

 

HB4844 Engrossed- 1307 -LRB103 39009 AMC 69146 b

1motor vehicle.
2    .
3(Source: P.A. 103-218, eff. 1-1-24; revised 1-2-24.)
 
4    Section 435. The Illinois Horse Racing Act of 1975 is
5amended by changing Sections 30 and 31 as follows:
 
6    (230 ILCS 5/30)  (from Ch. 8, par. 37-30)
7    Sec. 30. (a) The General Assembly declares that it is the
8policy of this State to encourage the breeding of thoroughbred
9horses in this State and the ownership of such horses by
10residents of this State in order to provide for: sufficient
11numbers of high quality thoroughbred horses to participate in
12thoroughbred racing meetings in this State, and to establish
13and preserve the agricultural and commercial benefits of such
14breeding and racing industries to the State of Illinois. It is
15the intent of the General Assembly to further this policy by
16the provisions of this Act.
17    (b) Each organization licensee conducting a thoroughbred
18racing meeting pursuant to this Act shall provide at least two
19races each day limited to Illinois conceived and foaled horses
20or Illinois foaled horses or both. A minimum of 6 races shall
21be conducted each week limited to Illinois conceived and
22foaled or Illinois foaled horses or both. No horses shall be
23permitted to start in such races unless duly registered under
24the rules of the Department of Agriculture.

 

 

HB4844 Engrossed- 1308 -LRB103 39009 AMC 69146 b

1    (c) Conditions of races under subsection (b) shall be
2commensurate with past performance, quality, and class of
3Illinois conceived and foaled and Illinois foaled horses
4available. If, however, sufficient competition cannot be had
5among horses of that class on any day, the races may, with
6consent of the Board, be eliminated for that day and
7substitute races provided.
8    (d) There is hereby created a special fund of the State
9treasury Treasury to be known as the Illinois Thoroughbred
10Breeders Fund.
11    Beginning on June 28, 2019 (the effective date of Public
12Act 101-31), the Illinois Thoroughbred Breeders Fund shall
13become a non-appropriated trust fund held separate from State
14moneys. Expenditures from this Fund shall no longer be subject
15to appropriation.
16    Except as provided in subsection (g) of Section 27 of this
17Act, 8.5% of all the monies received by the State as privilege
18taxes on Thoroughbred racing meetings shall be paid into the
19Illinois Thoroughbred Breeders Fund.
20    Notwithstanding any provision of law to the contrary,
21amounts deposited into the Illinois Thoroughbred Breeders Fund
22from revenues generated by gaming pursuant to an organization
23gaming license issued under the Illinois Gambling Act after
24June 28, 2019 (the effective date of Public Act 101-31) shall
25be in addition to tax and fee amounts paid under this Section
26for calendar year 2019 and thereafter.

 

 

HB4844 Engrossed- 1309 -LRB103 39009 AMC 69146 b

1    (e) The Illinois Thoroughbred Breeders Fund shall be
2administered by the Department of Agriculture with the advice
3and assistance of the Advisory Board created in subsection (f)
4of this Section.
5    (f) The Illinois Thoroughbred Breeders Fund Advisory Board
6shall consist of the Director of the Department of
7Agriculture, who shall serve as Chairman; a member of the
8Illinois Racing Board, designated by it; 2 representatives of
9the organization licensees conducting thoroughbred racing
10meetings, recommended by them; 2 representatives of the
11Illinois Thoroughbred Breeders and Owners Foundation,
12recommended by it; one representative of the Horsemen's
13Benevolent Protective Association; and one representative from
14the Illinois Thoroughbred Horsemen's Association. Advisory
15Board members shall serve for 2 years commencing January 1 of
16each odd numbered year. If representatives of the organization
17licensees conducting thoroughbred racing meetings, the
18Illinois Thoroughbred Breeders and Owners Foundation, the
19Horsemen's Benevolent Protection Association, and the Illinois
20Thoroughbred Horsemen's Association have not been recommended
21by January 1, of each odd numbered year, the Director of the
22Department of Agriculture shall make an appointment for the
23organization failing to so recommend a member of the Advisory
24Board. Advisory Board members shall receive no compensation
25for their services as members but shall be reimbursed for all
26actual and necessary expenses and disbursements incurred in

 

 

HB4844 Engrossed- 1310 -LRB103 39009 AMC 69146 b

1the execution of their official duties.
2    (g) Monies expended from the Illinois Thoroughbred
3Breeders Fund shall be expended by the Department of
4Agriculture, with the advice and assistance of the Illinois
5Thoroughbred Breeders Fund Advisory Board, for the following
6purposes only:
7        (1) To provide purse supplements to owners of horses
8    participating in races limited to Illinois conceived and
9    foaled and Illinois foaled horses. Any such purse
10    supplements shall not be included in and shall be paid in
11    addition to any purses, stakes, or breeders' awards
12    offered by each organization licensee as determined by
13    agreement between such organization licensee and an
14    organization representing the horsemen. No monies from the
15    Illinois Thoroughbred Breeders Fund shall be used to
16    provide purse supplements for claiming races in which the
17    minimum claiming price is less than $7,500.
18        (2) To provide stakes and awards to be paid to the
19    owners of the winning horses in certain races limited to
20    Illinois conceived and foaled and Illinois foaled horses
21    designated as stakes races.
22        (2.5) To provide an award to the owner or owners of an
23    Illinois conceived and foaled or Illinois foaled horse
24    that wins a maiden special weight, an allowance, overnight
25    handicap race, or claiming race with claiming price of
26    $10,000 or more providing the race is not restricted to

 

 

HB4844 Engrossed- 1311 -LRB103 39009 AMC 69146 b

1    Illinois conceived and foaled or Illinois foaled horses.
2    Awards shall also be provided to the owner or owners of
3    Illinois conceived and foaled and Illinois foaled horses
4    that place second or third in those races. To the extent
5    that additional moneys are required to pay the minimum
6    additional awards of 40% of the purse the horse earns for
7    placing first, second, or third in those races for
8    Illinois foaled horses and of 60% of the purse the horse
9    earns for placing first, second, or third in those races
10    for Illinois conceived and foaled horses, those moneys
11    shall be provided from the purse account at the track
12    where earned.
13        (3) To provide stallion awards to the owner or owners
14    of any stallion that is duly registered with the Illinois
15    Thoroughbred Breeders Fund Program whose duly registered
16    Illinois conceived and foaled offspring wins a race
17    conducted at an Illinois thoroughbred racing meeting other
18    than a claiming race, provided that the stallion stood
19    service within Illinois at the time the offspring was
20    conceived and that the stallion did not stand for service
21    outside of Illinois at any time during the year in which
22    the offspring was conceived.
23        (4) To provide $75,000 annually for purses to be
24    distributed to county fairs that provide for the running
25    of races during each county fair exclusively for the
26    thoroughbreds conceived and foaled in Illinois. The

 

 

HB4844 Engrossed- 1312 -LRB103 39009 AMC 69146 b

1    conditions of the races shall be developed by the county
2    fair association and reviewed by the Department with the
3    advice and assistance of the Illinois Thoroughbred
4    Breeders Fund Advisory Board. There shall be no wagering
5    of any kind on the running of Illinois conceived and
6    foaled races at county fairs.
7        (4.1) To provide purse money for an Illinois stallion
8    stakes program.
9        (5) No less than 90% of all monies expended from the
10    Illinois Thoroughbred Breeders Fund shall be expended for
11    the purposes in (1), (2), (2.5), (3), (4), (4.1), and (5)
12    as shown above.
13        (6) To provide for educational programs regarding the
14    thoroughbred breeding industry.
15        (7) To provide for research programs concerning the
16    health, development and care of the thoroughbred horse.
17        (8) To provide for a scholarship and training program
18    for students of equine veterinary medicine.
19        (9) To provide for dissemination of public information
20    designed to promote the breeding of thoroughbred horses in
21    Illinois.
22        (10) To provide for all expenses incurred in the
23    administration of the Illinois Thoroughbred Breeders Fund.
24    (h) The Illinois Thoroughbred Breeders Fund is not subject
25to administrative charges or chargebacks, including, but not
26limited to, those authorized under Section 8h of the State

 

 

HB4844 Engrossed- 1313 -LRB103 39009 AMC 69146 b

1Finance Act.
2    (i) A sum equal to 13% of the first prize money of every
3purse won by an Illinois foaled or Illinois conceived and
4foaled horse in races not limited to Illinois foaled horses or
5Illinois conceived and foaled horses, or both, shall be paid
6by the organization licensee conducting the horse race
7meeting. Such sum shall be paid 50% from the organization
8licensee's share of the money wagered and 50% from the purse
9account as follows: 11 1/2% to the breeder of the winning horse
10and 1 1/2% to the organization representing thoroughbred
11breeders and owners who representative serves on the Illinois
12Thoroughbred Breeders Fund Advisory Board for verifying the
13amounts of breeders' awards earned, ensuring their
14distribution in accordance with this Act, and servicing and
15promoting the Illinois thoroughbred horse racing industry.
16Beginning in the calendar year in which an organization
17licensee that is eligible to receive payments under paragraph
18(13) of subsection (g) of Section 26 of this Act begins to
19receive funds from gaming pursuant to an organization gaming
20license issued under the Illinois Gambling Act, a sum equal to
2121 1/2% of the first prize money of every purse won by an
22Illinois foaled or an Illinois conceived and foaled horse in
23races not limited to an Illinois conceived and foaled horse,
24or both, shall be paid 30% from the organization licensee's
25account and 70% from the purse account as follows: 20% to the
26breeder of the winning horse and 1 1/2% to the organization

 

 

HB4844 Engrossed- 1314 -LRB103 39009 AMC 69146 b

1representing thoroughbred breeders and owners whose
2representatives serve on the Illinois Thoroughbred Breeders
3Fund Advisory Board for verifying the amounts of breeders'
4awards earned, ensuring their distribution in accordance with
5this Act, and servicing and promoting the Illinois
6Thoroughbred racing industry. The organization representing
7thoroughbred breeders and owners shall cause all expenditures
8of monies received under this subsection (i) to be audited at
9least annually by a registered public accountant. The
10organization shall file copies of each annual audit with the
11Racing Board, the Clerk of the House of Representatives and
12the Secretary of the Senate, and shall make copies of each
13annual audit available to the public upon request and upon
14payment of the reasonable cost of photocopying the requested
15number of copies. Such payments shall not reduce any award to
16the owner of the horse or reduce the taxes payable under this
17Act. Upon completion of its racing meet, each organization
18licensee shall deliver to the organization representing
19thoroughbred breeders and owners whose representative serves
20on the Illinois Thoroughbred Breeders Fund Advisory Board a
21listing of all the Illinois foaled and the Illinois conceived
22and foaled horses which won breeders' awards and the amount of
23such breeders' awards under this subsection to verify accuracy
24of payments and assure proper distribution of breeders' awards
25in accordance with the provisions of this Act. Such payments
26shall be delivered by the organization licensee within 30 days

 

 

HB4844 Engrossed- 1315 -LRB103 39009 AMC 69146 b

1of the end of each race meeting.
2    (j) A sum equal to 13% of the first prize money won in
3every race limited to Illinois foaled horses or Illinois
4conceived and foaled horses, or both, shall be paid in the
5following manner by the organization licensee conducting the
6horse race meeting, 50% from the organization licensee's share
7of the money wagered and 50% from the purse account as follows:
811 1/2% to the breeders of the horses in each such race which
9are the official first, second, third, and fourth finishers
10and 1 1/2% to the organization representing thoroughbred
11breeders and owners whose representatives serve on the
12Illinois Thoroughbred Breeders Fund Advisory Board for
13verifying the amounts of breeders' awards earned, ensuring
14their proper distribution in accordance with this Act, and
15servicing and promoting the Illinois horse racing industry.
16Beginning in the calendar year in which an organization
17licensee that is eligible to receive payments under paragraph
18(13) of subsection (g) of Section 26 of this Act begins to
19receive funds from gaming pursuant to an organization gaming
20license issued under the Illinois Gambling Act, a sum of 21
211/2% of every purse in a race limited to Illinois foaled horses
22or Illinois conceived and foaled horses, or both, shall be
23paid by the organization licensee conducting the horse race
24meeting. Such sum shall be paid 30% from the organization
25licensee's account and 70% from the purse account as follows:
2620% to the breeders of the horses in each such race who are

 

 

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1official first, second, third and fourth finishers and 1 1/2%
2to the organization representing thoroughbred breeders and
3owners whose representatives serve on the Illinois
4Thoroughbred Breeders Fund Advisory Board for verifying the
5amounts of breeders' awards earned, ensuring their proper
6distribution in accordance with this Act, and servicing and
7promoting the Illinois thoroughbred horse racing industry. The
8organization representing thoroughbred breeders and owners
9shall cause all expenditures of moneys received under this
10subsection (j) to be audited at least annually by a registered
11public accountant. The organization shall file copies of each
12annual audit with the Racing Board, the Clerk of the House of
13Representatives and the Secretary of the Senate, and shall
14make copies of each annual audit available to the public upon
15request and upon payment of the reasonable cost of
16photocopying the requested number of copies. The copies of the
17audit to the General Assembly shall be filed with the Clerk of
18the House of Representatives and the Secretary of the Senate
19in electronic form only, in the manner that the Clerk and the
20Secretary shall direct.
21    The amounts paid to the breeders in accordance with this
22subsection shall be distributed as follows:
23        (1) 60% of such sum shall be paid to the breeder of the
24    horse which finishes in the official first position;
25        (2) 20% of such sum shall be paid to the breeder of the
26    horse which finishes in the official second position;

 

 

HB4844 Engrossed- 1317 -LRB103 39009 AMC 69146 b

1        (3) 15% of such sum shall be paid to the breeder of the
2    horse which finishes in the official third position; and
3        (4) 5% of such sum shall be paid to the breeder of the
4    horse which finishes in the official fourth position.
5    Such payments shall not reduce any award to the owners of a
6horse or reduce the taxes payable under this Act. Upon
7completion of its racing meet, each organization licensee
8shall deliver to the organization representing thoroughbred
9breeders and owners whose representative serves on the
10Illinois Thoroughbred Breeders Fund Advisory Board a listing
11of all the Illinois foaled and the Illinois conceived and
12foaled horses which won breeders' awards and the amount of
13such breeders' awards in accordance with the provisions of
14this Act. Such payments shall be delivered by the organization
15licensee within 30 days of the end of each race meeting.
16    (k) The term "breeder", as used herein, means the owner of
17the mare at the time the foal is dropped. An "Illinois foaled
18horse" is a foal dropped by a mare which enters this State on
19or before December 1, in the year in which the horse is bred,
20provided the mare remains continuously in this State until its
21foal is born. An "Illinois foaled horse" also means a foal born
22of a mare in the same year as the mare enters this State on or
23before March 1, and remains in this State at least 30 days
24after foaling, is bred back during the season of the foaling to
25an Illinois Registered Stallion (unless a veterinarian
26certifies that the mare should not be bred for health

 

 

HB4844 Engrossed- 1318 -LRB103 39009 AMC 69146 b

1reasons), and is not bred to a stallion standing in any other
2state during the season of foaling. An "Illinois foaled horse"
3also means a foal born in Illinois of a mare purchased at
4public auction subsequent to the mare entering this State on
5or before March 1 of the foaling year providing the mare is
6owned solely by one or more Illinois residents or an Illinois
7entity that is entirely owned by one or more Illinois
8residents.
9    (l) The Department of Agriculture shall, by rule, with the
10advice and assistance of the Illinois Thoroughbred Breeders
11Fund Advisory Board:
12        (1) Qualify stallions for Illinois breeding; such
13    stallions to stand for service within the State of
14    Illinois at the time of a foal's conception. Such stallion
15    must not stand for service at any place outside the State
16    of Illinois during the calendar year in which the foal is
17    conceived. The Department of Agriculture may assess and
18    collect an application fee of up to $500 for the
19    registration of Illinois-eligible stallions. All fees
20    collected are to be held in trust accounts for the
21    purposes set forth in this Act and in accordance with
22    Section 205-15 of the Department of Agriculture Law.
23        (2) Provide for the registration of Illinois conceived
24    and foaled horses and Illinois foaled horses. No such
25    horse shall compete in the races limited to Illinois
26    conceived and foaled horses or Illinois foaled horses or

 

 

HB4844 Engrossed- 1319 -LRB103 39009 AMC 69146 b

1    both unless registered with the Department of Agriculture.
2    The Department of Agriculture may prescribe such forms as
3    are necessary to determine the eligibility of such horses.
4    The Department of Agriculture may assess and collect
5    application fees for the registration of Illinois-eligible
6    foals. All fees collected are to be held in trust accounts
7    for the purposes set forth in this Act and in accordance
8    with Section 205-15 of the Department of Agriculture Law.
9    No person shall knowingly prepare or cause preparation of
10    an application for registration of such foals containing
11    false information.
12    (m) The Department of Agriculture, with the advice and
13assistance of the Illinois Thoroughbred Breeders Fund Advisory
14Board, shall provide that certain races limited to Illinois
15conceived and foaled and Illinois foaled horses be stakes
16races and determine the total amount of stakes and awards to be
17paid to the owners of the winning horses in such races.
18    In determining the stakes races and the amount of awards
19for such races, the Department of Agriculture shall consider
20factors, including, but not limited to, the amount of money
21transferred into the Illinois Thoroughbred Breeders Fund,
22organization licensees' contributions, availability of stakes
23caliber horses as demonstrated by past performances, whether
24the race can be coordinated into the proposed racing dates
25within organization licensees' racing dates, opportunity for
26colts and fillies and various age groups to race, public

 

 

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1wagering on such races, and the previous racing schedule.
2    (n) The Board and the organization licensee shall notify
3the Department of the conditions and minimum purses for races
4limited to Illinois conceived and foaled and Illinois foaled
5horses conducted for each organization licensee conducting a
6thoroughbred racing meeting. The Department of Agriculture
7with the advice and assistance of the Illinois Thoroughbred
8Breeders Fund Advisory Board may allocate monies for purse
9supplements for such races. In determining whether to allocate
10money and the amount, the Department of Agriculture shall
11consider factors, including, but not limited to, the amount of
12money transferred into the Illinois Thoroughbred Breeders
13Fund, the number of races that may occur, and the organization
14licensee's purse structure.
15    (o) (Blank).
16(Source: P.A. 103-8, eff. 6-7-23; revised 9-26-23.)
 
17    (230 ILCS 5/31)  (from Ch. 8, par. 37-31)
18    Sec. 31. (a) The General Assembly declares that it is the
19policy of this State to encourage the breeding of standardbred
20horses in this State and the ownership of such horses by
21residents of this State in order to provide for: sufficient
22numbers of high quality standardbred horses to participate in
23harness racing meetings in this State, and to establish and
24preserve the agricultural and commercial benefits of such
25breeding and racing industries to the State of Illinois. It is

 

 

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1the intent of the General Assembly to further this policy by
2the provisions of this Section of this Act.
3    (b) Each organization licensee conducting a harness racing
4meeting pursuant to this Act shall provide for at least two
5races each race program limited to Illinois conceived and
6foaled horses. A minimum of 6 races shall be conducted each
7week limited to Illinois conceived and foaled horses. No
8horses shall be permitted to start in such races unless duly
9registered under the rules of the Department of Agriculture.
10    (b-5) Organization licensees, not including the Illinois
11State Fair or the DuQuoin State Fair, shall provide stake
12races and early closer races for Illinois conceived and foaled
13horses so that purses distributed for such races shall be no
14less than 17% of total purses distributed for harness racing
15in that calendar year in addition to any stakes payments and
16starting fees contributed by horse owners.
17    (b-10) Each organization licensee conducting a harness
18racing meeting pursuant to this Act shall provide an owner
19award to be paid from the purse account equal to 12% of the
20amount earned by Illinois conceived and foaled horses
21finishing in the first 3 positions in races that are not
22restricted to Illinois conceived and foaled horses. The owner
23awards shall not be paid on races below the $10,000 claiming
24class.
25    (c) Conditions of races under subsection (b) shall be
26commensurate with past performance, quality, and class of

 

 

HB4844 Engrossed- 1322 -LRB103 39009 AMC 69146 b

1Illinois conceived and foaled horses available. If, however,
2sufficient competition cannot be had among horses of that
3class on any day, the races may, with consent of the Board, be
4eliminated for that day and substitute races provided.
5    (d) There is hereby created a special fund of the State
6treasury Treasury to be known as the Illinois Standardbred
7Breeders Fund. Beginning on June 28, 2019 (the effective date
8of Public Act 101-31), the Illinois Standardbred Breeders Fund
9shall become a non-appropriated trust fund held separate and
10apart from State moneys. Expenditures from this Fund shall no
11longer be subject to appropriation.
12    During the calendar year 1981, and each year thereafter,
13except as provided in subsection (g) of Section 27 of this Act,
14eight and one-half per cent of all the monies received by the
15State as privilege taxes on harness racing meetings shall be
16paid into the Illinois Standardbred Breeders Fund.
17    (e) Notwithstanding any provision of law to the contrary,
18amounts deposited into the Illinois Standardbred Breeders Fund
19from revenues generated by gaming pursuant to an organization
20gaming license issued under the Illinois Gambling Act after
21June 28, 2019 (the effective date of Public Act 101-31) shall
22be in addition to tax and fee amounts paid under this Section
23for calendar year 2019 and thereafter. The Illinois
24Standardbred Breeders Fund shall be administered by the
25Department of Agriculture with the assistance and advice of
26the Advisory Board created in subsection (f) of this Section.

 

 

HB4844 Engrossed- 1323 -LRB103 39009 AMC 69146 b

1    (f) The Illinois Standardbred Breeders Fund Advisory Board
2is hereby created. The Advisory Board shall consist of the
3Director of the Department of Agriculture, who shall serve as
4Chairman; the Superintendent of the Illinois State Fair; a
5member of the Illinois Racing Board, designated by it; a
6representative of the largest association of Illinois
7standardbred owners and breeders, recommended by it; a
8representative of a statewide association representing
9agricultural fairs in Illinois, recommended by it, such
10representative to be from a fair at which Illinois conceived
11and foaled racing is conducted; a representative of the
12organization licensees conducting harness racing meetings,
13recommended by them; a representative of the Breeder's
14Committee of the association representing the largest number
15of standardbred owners, breeders, trainers, caretakers, and
16drivers, recommended by it; and a representative of the
17association representing the largest number of standardbred
18owners, breeders, trainers, caretakers, and drivers,
19recommended by it. Advisory Board members shall serve for 2
20years commencing January 1 of each odd numbered year. If
21representatives of the largest association of Illinois
22standardbred owners and breeders, a statewide association of
23agricultural fairs in Illinois, the association representing
24the largest number of standardbred owners, breeders, trainers,
25caretakers, and drivers, a member of the Breeder's Committee
26of the association representing the largest number of

 

 

HB4844 Engrossed- 1324 -LRB103 39009 AMC 69146 b

1standardbred owners, breeders, trainers, caretakers, and
2drivers, and the organization licensees conducting harness
3racing meetings have not been recommended by January 1 of each
4odd numbered year, the Director of the Department of
5Agriculture shall make an appointment for the organization
6failing to so recommend a member of the Advisory Board.
7Advisory Board members shall receive no compensation for their
8services as members but shall be reimbursed for all actual and
9necessary expenses and disbursements incurred in the execution
10of their official duties.
11    (g) Monies expended from the Illinois Standardbred
12Breeders Fund shall be expended by the Department of
13Agriculture, with the assistance and advice of the Illinois
14Standardbred Breeders Fund Advisory Board for the following
15purposes only:
16        1. To provide purses for races limited to Illinois
17    conceived and foaled horses at the State Fair and the
18    DuQuoin State Fair.
19        2. To provide purses for races limited to Illinois
20    conceived and foaled horses at county fairs.
21        3. To provide purse supplements for races limited to
22    Illinois conceived and foaled horses conducted by
23    associations conducting harness racing meetings.
24        4. No less than 75% of all monies in the Illinois
25    Standardbred Breeders Fund shall be expended for purses in
26    1, 2, and 3 as shown above.

 

 

HB4844 Engrossed- 1325 -LRB103 39009 AMC 69146 b

1        5. In the discretion of the Department of Agriculture
2    to provide awards to harness breeders of Illinois
3    conceived and foaled horses which win races conducted by
4    organization licensees conducting harness racing meetings.
5    A breeder is the owner of a mare at the time of conception.
6    No more than 10% of all moneys transferred into the
7    Illinois Standardbred Breeders Fund shall be expended for
8    such harness breeders awards. No more than 25% of the
9    amount expended for harness breeders awards shall be
10    expended for expenses incurred in the administration of
11    such harness breeders awards.
12        6. To pay for the improvement of racing facilities
13    located at the State Fair and County fairs.
14        7. To pay the expenses incurred in the administration
15    of the Illinois Standardbred Breeders Fund.
16        8. To promote the sport of harness racing, including
17    grants up to a maximum of $7,500 per fair per year for
18    conducting pari-mutuel wagering during the advertised
19    dates of a county fair.
20        9. To pay up to $50,000 annually for the Department of
21    Agriculture to conduct drug testing at county fairs racing
22    standardbred horses.
23    (h) The Illinois Standardbred Breeders Fund is not subject
24to administrative charges or chargebacks, including, but not
25limited to, those authorized under Section 8h of the State
26Finance Act.

 

 

HB4844 Engrossed- 1326 -LRB103 39009 AMC 69146 b

1    (i) A sum equal to 13% of the first prize money of the
2gross purse won by an Illinois conceived and foaled horse
3shall be paid 50% by the organization licensee conducting the
4horse race meeting to the breeder of such winning horse from
5the organization licensee's account and 50% from the purse
6account of the licensee. Such payment shall not reduce any
7award to the owner of the horse or reduce the taxes payable
8under this Act. Such payment shall be delivered by the
9organization licensee at the end of each quarter.
10    (j) The Department of Agriculture shall, by rule, with the
11assistance and advice of the Illinois Standardbred Breeders
12Fund Advisory Board:
13        1. Qualify stallions for Illinois Standardbred
14    Breeders Fund breeding. Such stallion shall stand for
15    service at and within the State of Illinois at the time of
16    a foal's conception, and such stallion must not stand for
17    service at any place outside the State of Illinois during
18    that calendar year in which the foal is conceived.
19    However, on and after January 1, 2018, semen from an
20    Illinois stallion may be transported outside the State of
21    Illinois.
22        2. Provide for the registration of Illinois conceived
23    and foaled horses and no such horse shall compete in the
24    races limited to Illinois conceived and foaled horses
25    unless registered with the Department of Agriculture. The
26    Department of Agriculture may prescribe such forms as may

 

 

HB4844 Engrossed- 1327 -LRB103 39009 AMC 69146 b

1    be necessary to determine the eligibility of such horses.
2    No person shall knowingly prepare or cause preparation of
3    an application for registration of such foals containing
4    false information. A mare (dam) must be in the State at
5    least 30 days prior to foaling or remain in the State at
6    least 30 days at the time of foaling. However, the
7    requirement that a mare (dam) must be in the State at least
8    30 days before foaling or remain in the State at least 30
9    days at the time of foaling shall not be in effect from
10    January 1, 2018 until January 1, 2022. Beginning with the
11    1996 breeding season and for foals of 1997 and thereafter,
12    a foal conceived by transported semen may be eligible for
13    Illinois conceived and foaled registration provided all
14    breeding and foaling requirements are met. The stallion
15    must be qualified for Illinois Standardbred Breeders Fund
16    breeding at the time of conception. The foal must be
17    dropped in Illinois and properly registered with the
18    Department of Agriculture in accordance with this Act.
19    However, from January 1, 2018 until January 1, 2022, the
20    requirement for a mare to be inseminated within the State
21    of Illinois and the requirement for a foal to be dropped in
22    Illinois are inapplicable.
23        3. Provide that at least a 5-day racing program shall
24    be conducted at the State Fair each year, unless an
25    alternate racing program is requested by the Illinois
26    Standardbred Breeders Fund Advisory Board, which program

 

 

HB4844 Engrossed- 1328 -LRB103 39009 AMC 69146 b

1    shall include at least the following races limited to
2    Illinois conceived and foaled horses: (a) a 2-year-old
3    Trot and Pace, and Filly Division of each; (b) a
4    3-year-old Trot and Pace, and Filly Division of each; (c)
5    an aged Trot and Pace, and Mare Division of each.
6        4. Provide for the payment of nominating, sustaining,
7    and starting fees for races promoting the sport of harness
8    racing and for the races to be conducted at the State Fair
9    as provided in paragraph subsection (j) 3 of this
10    subsection Section provided that the nominating,
11    sustaining, and starting payment required from an entrant
12    shall not exceed 2% of the purse of such race. All
13    nominating, sustaining, and starting payments shall be
14    held for the benefit of entrants and shall be paid out as
15    part of the respective purses for such races. Nominating,
16    sustaining, and starting fees shall be held in trust
17    accounts for the purposes as set forth in this Act and in
18    accordance with Section 205-15 of the Department of
19    Agriculture Law.
20        5. Provide for the registration with the Department of
21    Agriculture of Colt Associations or county fairs desiring
22    to sponsor races at county fairs.
23        6. Provide for the promotion of producing standardbred
24    racehorses by providing a bonus award program for owners
25    of 2-year-old horses that win multiple major stakes races
26    that are limited to Illinois conceived and foaled horses.

 

 

HB4844 Engrossed- 1329 -LRB103 39009 AMC 69146 b

1    (k) The Department of Agriculture, with the advice and
2assistance of the Illinois Standardbred Breeders Fund Advisory
3Board, may allocate monies for purse supplements for such
4races. In determining whether to allocate money and the
5amount, the Department of Agriculture shall consider factors,
6including, but not limited to, the amount of money transferred
7into the Illinois Standardbred Breeders Fund, the number of
8races that may occur, and an organization licensee's purse
9structure. The organization licensee shall notify the
10Department of Agriculture of the conditions and minimum purses
11for races limited to Illinois conceived and foaled horses to
12be conducted by each organization licensee conducting a
13harness racing meeting for which purse supplements have been
14negotiated.
15    (l) All races held at county fairs and the State Fair which
16receive funds from the Illinois Standardbred Breeders Fund
17shall be conducted in accordance with the rules of the United
18States Trotting Association unless otherwise modified by the
19Department of Agriculture.
20    (m) At all standardbred race meetings held or conducted
21under authority of a license granted by the Board, and at all
22standardbred races held at county fairs which are approved by
23the Department of Agriculture or at the Illinois or DuQuoin
24State Fairs, no one shall jog, train, warm up, or drive a
25standardbred horse unless he or she is wearing a protective
26safety helmet, with the chin strap fastened and in place,

 

 

HB4844 Engrossed- 1330 -LRB103 39009 AMC 69146 b

1which meets the standards and requirements as set forth in the
21984 Standard for Protective Headgear for Use in Harness
3Racing and Other Equestrian Sports published by the Snell
4Memorial Foundation, or any standards and requirements for
5headgear the Illinois Racing Board may approve. Any other
6standards and requirements so approved by the Board shall
7equal or exceed those published by the Snell Memorial
8Foundation. Any equestrian helmet bearing the Snell label
9shall be deemed to have met those standards and requirements.
10(Source: P.A. 102-558, eff. 8-20-21; 102-689, eff. 12-17-21;
11103-8, eff. 6-7-23; revised 9-26-23.)
 
12    Section 440. The Liquor Control Act of 1934 is amended by
13changing Section 5-3 as follows:
 
14    (235 ILCS 5/5-3)  (from Ch. 43, par. 118)
15    Sec. 5-3. License fees. Except as otherwise provided
16herein, at the time application is made to the State
17Commission for a license of any class, the applicant shall pay
18to the State Commission the fee hereinafter provided for the
19kind of license applied for.
20    The fee for licenses issued by the State Commission shall
21be as follows:
22OnlineInitial
23renewallicense
24 or

 

 

HB4844 Engrossed- 1331 -LRB103 39009 AMC 69146 b

1 non-online
2 renewal
3    For a manufacturer's license:
4    Class 1. Distiller .................$4,000$5,000
5    Class 2. Rectifier .................4,000 5,000
6    Class 3. Brewer ....................1,200 1,500
7    Class 4. First-class Wine
8        Manufacturer ...................750900
9    Class 5. Second-class
10        Wine Manufacturer ..............1,500 1,750
11    Class 6. First-class wine-maker ....750 900
12    Class 7. Second-class wine-maker ...1,500 1,750
13    Class 8. Limited Wine
14        Manufacturer....................250 350
15    Class 9. Craft Distiller............ 2,000 2,500
16    Class 10. Class 1 Craft Distiller... 50 75
17    Class 11. Class 2 Craft Distiller... 75 100
18    Class 12. Class 1 Brewer............50 75
19    Class 13. Class 2 Brewer............ 75 100
20    Class 14. Class 3 Brewer............ 25 50
21    For a Brew Pub License..............1,2001,500
22    For a Distilling Pub License........ 1,200 1,500
23    For a caterer retailer's license....350 500
24    For a foreign importer's license ...25 25
25    For an importing distributor's
26        license.........................2525

 

 

HB4844 Engrossed- 1332 -LRB103 39009 AMC 69146 b

1    For a distributor's license
2        (11,250,000 gallons
3        or over)........................1,4502,200
4    For a distributor's license
5        (over 4,500,000 gallons, but
6        under 11,250,000 gallons)....... 9501,450
7    For a distributor's license
8        (4,500,000 gallons or under)....300450
9    For a non-resident dealer's license
10        (500,000 gallons or over)
11        or with self-distribution
12        privileges .....................1,200 1,500
13    For a non-resident dealer's license
14        (under 500,000 gallons) ........250 350
15    For a wine-maker's premises
16        license ........................250500
17    For a winery shipper's license
18        (under 250,000 gallons).........200 350
19    For a winery shipper's license
20        (250,000 or over, but
21        under 500,000 gallons)..........7501,000
22    For a winery shipper's license
23        (500,000 gallons or over).......1,200 1,500
24    For a wine-maker's premises
25        license, second location .......500 1,000
26    For a wine-maker's premises

 

 

HB4844 Engrossed- 1333 -LRB103 39009 AMC 69146 b

1        license, third location ........5001,000
2    For a retailer's license ...........600 750
3    For a special event retailer's
4        license, (not-for-profit) ......25 25
5    For a beer showcase permit,
6        one day only ................... 100 150
7        2 days or more ................. 150 250
8    For a special use permit license,
9        one day only ...................100 150
10        2 days or more .................150 250
11    For a railroad license .............100 150
12    For a boat license .................500 1,000
13    For an airplane license, times the
14        licensee's maximum number of
15        aircraft in flight, serving
16        liquor over the State at any
17        given time, which either
18        originate, terminate, or make
19        an intermediate stop in
20        the State.......................100150
21    For a non-beverage user's license:
22        Class 1 ........................2424
23        Class 2 ........................6060
24        Class 3 ........................120120
25        Class 4 ........................240240
26        Class 5 ........................600600

 

 

HB4844 Engrossed- 1334 -LRB103 39009 AMC 69146 b

1    For a broker's license .............750 1,000
2    For an auction liquor license ......100 150
3    For a homebrewer special
4        event permit....................2525
5    For a craft distiller
6        tasting permit..................25 25
7    For a BASSET trainer license........ 300 350
8    For a tasting representative
9        license.........................200300
10    For a brewer warehouse permit....... 2525
11    For a craft distiller
12        warehouse permit................25 25
13    Fees collected under this Section shall be paid into the
14Dram Shop Fund. The State Commission shall waive license
15renewal fees for those retailers' licenses that are designated
16as "1A" by the State Commission and expire on or after July 1,
172022, and on or before June 30, 2023. One-half of the funds
18received for a retailer's license shall be paid into the Dram
19Shop Fund and one-half of the funds received for a retailer's
20license shall be paid into the General Revenue Fund.
21    No fee shall be paid for licenses issued by the State
22Commission to the following non-beverage users:
23        (a) Hospitals, sanitariums, or clinics when their use
24    of alcoholic liquor is exclusively medicinal, mechanical,
25    or scientific.
26        (b) Universities, colleges of learning, or schools

 

 

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1    when their use of alcoholic liquor is exclusively
2    medicinal, mechanical, or scientific.
3        (c) Laboratories when their use is exclusively for the
4    purpose of scientific research.
5(Source: P.A. 102-442, eff. 8-20-21; 102-558, eff. 8-20-21;
6102-699, eff. 4-19-22; 102-1142, eff. 2-17-23; 103-154, eff.
76-30-23; revised 9-5-23.)
 
8    Section 445. The Illinois Public Aid Code is amended by
9changing Sections 5-4.2, 5-5, 5-5.01a, 5-5.05, 5-5.2, 5-16.8,
105A-12.7, 6-9, and 6-12, by setting forth, renumbering, and
11changing multiple versions of Section 5-47, and by setting
12forth and renumbering multiple versions of Section 12-4.57 as
13follows:
 
14    (305 ILCS 5/5-4.2)
15    Sec. 5-4.2. Ambulance services payments.
16    (a) For ambulance services provided to a recipient of aid
17under this Article on or after January 1, 1993, the Illinois
18Department shall reimburse ambulance service providers at
19rates calculated in accordance with this Section. It is the
20intent of the General Assembly to provide adequate
21reimbursement for ambulance services so as to ensure adequate
22access to services for recipients of aid under this Article
23and to provide appropriate incentives to ambulance service
24providers to provide services in an efficient and

 

 

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1cost-effective manner. Thus, it is the intent of the General
2Assembly that the Illinois Department implement a
3reimbursement system for ambulance services that, to the
4extent practicable and subject to the availability of funds
5appropriated by the General Assembly for this purpose, is
6consistent with the payment principles of Medicare. To ensure
7uniformity between the payment principles of Medicare and
8Medicaid, the Illinois Department shall follow, to the extent
9necessary and practicable and subject to the availability of
10funds appropriated by the General Assembly for this purpose,
11the statutes, laws, regulations, policies, procedures,
12principles, definitions, guidelines, and manuals used to
13determine the amounts paid to ambulance service providers
14under Title XVIII of the Social Security Act (Medicare).
15    (b) For ambulance services provided to a recipient of aid
16under this Article on or after January 1, 1996, the Illinois
17Department shall reimburse ambulance service providers based
18upon the actual distance traveled if a natural disaster,
19weather conditions, road repairs, or traffic congestion
20necessitates the use of a route other than the most direct
21route.
22    (c) For purposes of this Section, "ambulance services"
23includes medical transportation services provided by means of
24an ambulance, air ambulance, medi-car, service car, or taxi.
25    (c-1) For purposes of this Section, "ground ambulance
26service" means medical transportation services that are

 

 

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1described as ground ambulance services by the Centers for
2Medicare and Medicaid Services and provided in a vehicle that
3is licensed as an ambulance by the Illinois Department of
4Public Health pursuant to the Emergency Medical Services (EMS)
5Systems Act.
6    (c-2) For purposes of this Section, "ground ambulance
7service provider" means a vehicle service provider as
8described in the Emergency Medical Services (EMS) Systems Act
9that operates licensed ambulances for the purpose of providing
10emergency ambulance services, or non-emergency ambulance
11services, or both. For purposes of this Section, this includes
12both ambulance providers and ambulance suppliers as described
13by the Centers for Medicare and Medicaid Services.
14    (c-3) For purposes of this Section, "medi-car" means
15transportation services provided to a patient who is confined
16to a wheelchair and requires the use of a hydraulic or electric
17lift or ramp and wheelchair lockdown when the patient's
18condition does not require medical observation, medical
19supervision, medical equipment, the administration of
20medications, or the administration of oxygen.
21    (c-4) For purposes of this Section, "service car" means
22transportation services provided to a patient by a passenger
23vehicle where that patient does not require the specialized
24modes described in subsection (c-1) or (c-3).
25    (c-5) For purposes of this Section, "air ambulance
26service" means medical transport by helicopter or airplane for

 

 

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1patients, as defined in 29 U.S.C. 1185f(c)(1), and any service
2that is described as an air ambulance service by the federal
3Centers for Medicare and Medicaid Services.
4    (d) This Section does not prohibit separate billing by
5ambulance service providers for oxygen furnished while
6providing advanced life support services.
7    (e) Beginning with services rendered on or after July 1,
82008, all providers of non-emergency medi-car and service car
9transportation must certify that the driver and employee
10attendant, as applicable, have completed a safety program
11approved by the Department to protect both the patient and the
12driver, prior to transporting a patient. The provider must
13maintain this certification in its records. The provider shall
14produce such documentation upon demand by the Department or
15its representative. Failure to produce documentation of such
16training shall result in recovery of any payments made by the
17Department for services rendered by a non-certified driver or
18employee attendant. Medi-car and service car providers must
19maintain legible documentation in their records of the driver
20and, as applicable, employee attendant that actually
21transported the patient. Providers must recertify all drivers
22and employee attendants every 3 years. If they meet the
23established training components set forth by the Department,
24providers of non-emergency medi-car and service car
25transportation that are either directly or through an
26affiliated company licensed by the Department of Public Health

 

 

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1shall be approved by the Department to have in-house safety
2programs for training their own staff.
3    Notwithstanding the requirements above, any public
4transportation provider of medi-car and service car
5transportation that receives federal funding under 49 U.S.C.
65307 and 5311 need not certify its drivers and employee
7attendants under this Section, since safety training is
8already federally mandated.
9    (f) With respect to any policy or program administered by
10the Department or its agent regarding approval of
11non-emergency medical transportation by ground ambulance
12service providers, including, but not limited to, the
13Non-Emergency Transportation Services Prior Approval Program
14(NETSPAP), the Department shall establish by rule a process by
15which ground ambulance service providers of non-emergency
16medical transportation may appeal any decision by the
17Department or its agent for which no denial was received prior
18to the time of transport that either (i) denies a request for
19approval for payment of non-emergency transportation by means
20of ground ambulance service or (ii) grants a request for
21approval of non-emergency transportation by means of ground
22ambulance service at a level of service that entitles the
23ground ambulance service provider to a lower level of
24compensation from the Department than the ground ambulance
25service provider would have received as compensation for the
26level of service requested. The rule shall be filed by

 

 

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1December 15, 2012 and shall provide that, for any decision
2rendered by the Department or its agent on or after the date
3the rule takes effect, the ground ambulance service provider
4shall have 60 days from the date the decision is received to
5file an appeal. The rule established by the Department shall
6be, insofar as is practical, consistent with the Illinois
7Administrative Procedure Act. The Director's decision on an
8appeal under this Section shall be a final administrative
9decision subject to review under the Administrative Review
10Law.
11    (f-5) Beginning 90 days after July 20, 2012 (the effective
12date of Public Act 97-842), (i) no denial of a request for
13approval for payment of non-emergency transportation by means
14of ground ambulance service, and (ii) no approval of
15non-emergency transportation by means of ground ambulance
16service at a level of service that entitles the ground
17ambulance service provider to a lower level of compensation
18from the Department than would have been received at the level
19of service submitted by the ground ambulance service provider,
20may be issued by the Department or its agent unless the
21Department has submitted the criteria for determining the
22appropriateness of the transport for first notice publication
23in the Illinois Register pursuant to Section 5-40 of the
24Illinois Administrative Procedure Act.
25    (f-6) Within 90 days after June 2, 2022 (the effective
26date of Public Act 102-1037) this amendatory Act of the 102nd

 

 

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1General Assembly and subject to federal approval, the
2Department shall file rules to allow for the approval of
3ground ambulance services when the sole purpose of the
4transport is for the navigation of stairs or the assisting or
5lifting of a patient at a medical facility or during a medical
6appointment in instances where the Department or a contracted
7Medicaid managed care organization or their transportation
8broker is unable to secure transportation through any other
9transportation provider.
10    (f-7) For non-emergency ground ambulance claims properly
11denied under Department policy at the time the claim is filed
12due to failure to submit a valid Medical Certification for
13Non-Emergency Ambulance on and after December 15, 2012 and
14prior to January 1, 2021, the Department shall allot
15$2,000,000 to a pool to reimburse such claims if the provider
16proves medical necessity for the service by other means.
17Providers must submit any such denied claims for which they
18seek compensation to the Department no later than December 31,
192021 along with documentation of medical necessity. No later
20than May 31, 2022, the Department shall determine for which
21claims medical necessity was established. Such claims for
22which medical necessity was established shall be paid at the
23rate in effect at the time of the service, provided the
24$2,000,000 is sufficient to pay at those rates. If the pool is
25not sufficient, claims shall be paid at a uniform percentage
26of the applicable rate such that the pool of $2,000,000 is

 

 

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1exhausted. The appeal process described in subsection (f)
2shall not be applicable to the Department's determinations
3made in accordance with this subsection.
4    (g) Whenever a patient covered by a medical assistance
5program under this Code or by another medical program
6administered by the Department, including a patient covered
7under the State's Medicaid managed care program, is being
8transported from a facility and requires non-emergency
9transportation including ground ambulance, medi-car, or
10service car transportation, a Physician Certification
11Statement as described in this Section shall be required for
12each patient. Facilities shall develop procedures for a
13licensed medical professional to provide a written and signed
14Physician Certification Statement. The Physician Certification
15Statement shall specify the level of transportation services
16needed and complete a medical certification establishing the
17criteria for approval of non-emergency ambulance
18transportation, as published by the Department of Healthcare
19and Family Services, that is met by the patient. This
20certification shall be completed prior to ordering the
21transportation service and prior to patient discharge. The
22Physician Certification Statement is not required prior to
23transport if a delay in transport can be expected to
24negatively affect the patient outcome. If the ground ambulance
25provider, medi-car provider, or service car provider is unable
26to obtain the required Physician Certification Statement

 

 

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1within 10 calendar days following the date of the service, the
2ground ambulance provider, medi-car provider, or service car
3provider must document its attempt to obtain the requested
4certification and may then submit the claim for payment.
5Acceptable documentation includes a signed return receipt from
6the U.S. Postal Service, facsimile receipt, email receipt, or
7other similar service that evidences that the ground ambulance
8provider, medi-car provider, or service car provider attempted
9to obtain the required Physician Certification Statement.
10    The medical certification specifying the level and type of
11non-emergency transportation needed shall be in the form of
12the Physician Certification Statement on a standardized form
13prescribed by the Department of Healthcare and Family
14Services. Within 75 days after July 27, 2018 (the effective
15date of Public Act 100-646), the Department of Healthcare and
16Family Services shall develop a standardized form of the
17Physician Certification Statement specifying the level and
18type of transportation services needed in consultation with
19the Department of Public Health, Medicaid managed care
20organizations, a statewide association representing ambulance
21providers, a statewide association representing hospitals, 3
22statewide associations representing nursing homes, and other
23stakeholders. The Physician Certification Statement shall
24include, but is not limited to, the criteria necessary to
25demonstrate medical necessity for the level of transport
26needed as required by (i) the Department of Healthcare and

 

 

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1Family Services and (ii) the federal Centers for Medicare and
2Medicaid Services as outlined in the Centers for Medicare and
3Medicaid Services' Medicare Benefit Policy Manual, Pub.
4100-02, Chap. 10, Sec. 10.2.1, et seq. The use of the Physician
5Certification Statement shall satisfy the obligations of
6hospitals under Section 6.22 of the Hospital Licensing Act and
7nursing homes under Section 2-217 of the Nursing Home Care
8Act. Implementation and acceptance of the Physician
9Certification Statement shall take place no later than 90 days
10after the issuance of the Physician Certification Statement by
11the Department of Healthcare and Family Services.
12    Pursuant to subsection (E) of Section 12-4.25 of this
13Code, the Department is entitled to recover overpayments paid
14to a provider or vendor, including, but not limited to, from
15the discharging physician, the discharging facility, and the
16ground ambulance service provider, in instances where a
17non-emergency ground ambulance service is rendered as the
18result of improper or false certification.
19    Beginning October 1, 2018, the Department of Healthcare
20and Family Services shall collect data from Medicaid managed
21care organizations and transportation brokers, including the
22Department's NETSPAP broker, regarding denials and appeals
23related to the missing or incomplete Physician Certification
24Statement forms and overall compliance with this subsection.
25The Department of Healthcare and Family Services shall publish
26quarterly results on its website within 15 days following the

 

 

HB4844 Engrossed- 1345 -LRB103 39009 AMC 69146 b

1end of each quarter.
2    (h) On and after July 1, 2012, the Department shall reduce
3any rate of reimbursement for services or other payments or
4alter any methodologies authorized by this Code to reduce any
5rate of reimbursement for services or other payments in
6accordance with Section 5-5e.
7    (i) Subject to federal approval, on and after January 1,
82024 through June 30, 2026, the Department shall increase the
9base rate of reimbursement for both base charges and mileage
10charges for ground ambulance service providers not
11participating in the Ground Emergency Medical Transportation
12(GEMT) Program for medical transportation services provided by
13means of a ground ambulance to a level not lower than 140% of
14the base rate in effect as of January 1, 2023.
15    (j) For the purpose of understanding ground ambulance
16transportation services cost structures and their impact on
17the Medical Assistance Program, the Department shall engage
18stakeholders, including, but not limited to, a statewide
19association representing private ground ambulance service
20providers in Illinois, to develop recommendations for a plan
21for the regular collection of cost data for all ground
22ambulance transportation providers reimbursed under the
23Illinois Title XIX State Plan. Cost data obtained through this
24process shall be used to inform on and to ensure the
25effectiveness and efficiency of Illinois Medicaid rates. The
26Department shall establish a process to limit public

 

 

HB4844 Engrossed- 1346 -LRB103 39009 AMC 69146 b

1availability of portions of the cost report data determined to
2be proprietary. This process shall be concluded and
3recommendations shall be provided no later than April 1, 2024.
4    (k) (j) Subject to federal approval, beginning on January
51, 2024, the Department shall increase the base rate of
6reimbursement for both base charges and mileage charges for
7medical transportation services provided by means of an air
8ambulance to a level not lower than 50% of the Medicare
9ambulance fee schedule rates, by designated Medicare locality,
10in effect on January 1, 2023.
11(Source: P.A. 102-364, eff. 1-1-22; 102-650, eff. 8-27-21;
12102-813, eff. 5-13-22; 102-1037, eff. 6-2-22; 103-102, Article
1370, Section 70-5, eff. 1-1-24; 103-102, Article 80, Section
1480-5, eff. 1-1-24; revised 12-15-23.)
 
15    (305 ILCS 5/5-5)
16    Sec. 5-5. Medical services. The Illinois Department, by
17rule, shall determine the quantity and quality of and the rate
18of reimbursement for the medical assistance for which payment
19will be authorized, and the medical services to be provided,
20which may include all or part of the following: (1) inpatient
21hospital services; (2) outpatient hospital services; (3) other
22laboratory and X-ray services; (4) skilled nursing home
23services; (5) physicians' services whether furnished in the
24office, the patient's home, a hospital, a skilled nursing
25home, or elsewhere; (6) medical care, or any other type of

 

 

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1remedial care furnished by licensed practitioners; (7) home
2health care services; (8) private duty nursing service; (9)
3clinic services; (10) dental services, including prevention
4and treatment of periodontal disease and dental caries disease
5for pregnant individuals, provided by an individual licensed
6to practice dentistry or dental surgery; for purposes of this
7item (10), "dental services" means diagnostic, preventive, or
8corrective procedures provided by or under the supervision of
9a dentist in the practice of his or her profession; (11)
10physical therapy and related services; (12) prescribed drugs,
11dentures, and prosthetic devices; and eyeglasses prescribed by
12a physician skilled in the diseases of the eye, or by an
13optometrist, whichever the person may select; (13) other
14diagnostic, screening, preventive, and rehabilitative
15services, including to ensure that the individual's need for
16intervention or treatment of mental disorders or substance use
17disorders or co-occurring mental health and substance use
18disorders is determined using a uniform screening, assessment,
19and evaluation process inclusive of criteria, for children and
20adults; for purposes of this item (13), a uniform screening,
21assessment, and evaluation process refers to a process that
22includes an appropriate evaluation and, as warranted, a
23referral; "uniform" does not mean the use of a singular
24instrument, tool, or process that all must utilize; (14)
25transportation and such other expenses as may be necessary;
26(15) medical treatment of sexual assault survivors, as defined

 

 

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1in Section 1a of the Sexual Assault Survivors Emergency
2Treatment Act, for injuries sustained as a result of the
3sexual assault, including examinations and laboratory tests to
4discover evidence which may be used in criminal proceedings
5arising from the sexual assault; (16) the diagnosis and
6treatment of sickle cell anemia; (16.5) services performed by
7a chiropractic physician licensed under the Medical Practice
8Act of 1987 and acting within the scope of his or her license,
9including, but not limited to, chiropractic manipulative
10treatment; and (17) any other medical care, and any other type
11of remedial care recognized under the laws of this State. The
12term "any other type of remedial care" shall include nursing
13care and nursing home service for persons who rely on
14treatment by spiritual means alone through prayer for healing.
15    Notwithstanding any other provision of this Section, a
16comprehensive tobacco use cessation program that includes
17purchasing prescription drugs or prescription medical devices
18approved by the Food and Drug Administration shall be covered
19under the medical assistance program under this Article for
20persons who are otherwise eligible for assistance under this
21Article.
22    Notwithstanding any other provision of this Code,
23reproductive health care that is otherwise legal in Illinois
24shall be covered under the medical assistance program for
25persons who are otherwise eligible for medical assistance
26under this Article.

 

 

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1    Notwithstanding any other provision of this Section, all
2tobacco cessation medications approved by the United States
3Food and Drug Administration and all individual and group
4tobacco cessation counseling services and telephone-based
5counseling services and tobacco cessation medications provided
6through the Illinois Tobacco Quitline shall be covered under
7the medical assistance program for persons who are otherwise
8eligible for assistance under this Article. The Department
9shall comply with all federal requirements necessary to obtain
10federal financial participation, as specified in 42 CFR
11433.15(b)(7), for telephone-based counseling services provided
12through the Illinois Tobacco Quitline, including, but not
13limited to: (i) entering into a memorandum of understanding or
14interagency agreement with the Department of Public Health, as
15administrator of the Illinois Tobacco Quitline; and (ii)
16developing a cost allocation plan for Medicaid-allowable
17Illinois Tobacco Quitline services in accordance with 45 CFR
1895.507. The Department shall submit the memorandum of
19understanding or interagency agreement, the cost allocation
20plan, and all other necessary documentation to the Centers for
21Medicare and Medicaid Services for review and approval.
22Coverage under this paragraph shall be contingent upon federal
23approval.
24    Notwithstanding any other provision of this Code, the
25Illinois Department may not require, as a condition of payment
26for any laboratory test authorized under this Article, that a

 

 

HB4844 Engrossed- 1350 -LRB103 39009 AMC 69146 b

1physician's handwritten signature appear on the laboratory
2test order form. The Illinois Department may, however, impose
3other appropriate requirements regarding laboratory test order
4documentation.
5    Upon receipt of federal approval of an amendment to the
6Illinois Title XIX State Plan for this purpose, the Department
7shall authorize the Chicago Public Schools (CPS) to procure a
8vendor or vendors to manufacture eyeglasses for individuals
9enrolled in a school within the CPS system. CPS shall ensure
10that its vendor or vendors are enrolled as providers in the
11medical assistance program and in any capitated Medicaid
12managed care entity (MCE) serving individuals enrolled in a
13school within the CPS system. Under any contract procured
14under this provision, the vendor or vendors must serve only
15individuals enrolled in a school within the CPS system. Claims
16for services provided by CPS's vendor or vendors to recipients
17of benefits in the medical assistance program under this Code,
18the Children's Health Insurance Program, or the Covering ALL
19KIDS Health Insurance Program shall be submitted to the
20Department or the MCE in which the individual is enrolled for
21payment and shall be reimbursed at the Department's or the
22MCE's established rates or rate methodologies for eyeglasses.
23    On and after July 1, 2012, the Department of Healthcare
24and Family Services may provide the following services to
25persons eligible for assistance under this Article who are
26participating in education, training or employment programs

 

 

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1operated by the Department of Human Services as successor to
2the Department of Public Aid:
3        (1) dental services provided by or under the
4    supervision of a dentist; and
5        (2) eyeglasses prescribed by a physician skilled in
6    the diseases of the eye, or by an optometrist, whichever
7    the person may select.
8    On and after July 1, 2018, the Department of Healthcare
9and Family Services shall provide dental services to any adult
10who is otherwise eligible for assistance under the medical
11assistance program. As used in this paragraph, "dental
12services" means diagnostic, preventative, restorative, or
13corrective procedures, including procedures and services for
14the prevention and treatment of periodontal disease and dental
15caries disease, provided by an individual who is licensed to
16practice dentistry or dental surgery or who is under the
17supervision of a dentist in the practice of his or her
18profession.
19    On and after July 1, 2018, targeted dental services, as
20set forth in Exhibit D of the Consent Decree entered by the
21United States District Court for the Northern District of
22Illinois, Eastern Division, in the matter of Memisovski v.
23Maram, Case No. 92 C 1982, that are provided to adults under
24the medical assistance program shall be established at no less
25than the rates set forth in the "New Rate" column in Exhibit D
26of the Consent Decree for targeted dental services that are

 

 

HB4844 Engrossed- 1352 -LRB103 39009 AMC 69146 b

1provided to persons under the age of 18 under the medical
2assistance program.
3    Notwithstanding any other provision of this Code and
4subject to federal approval, the Department may adopt rules to
5allow a dentist who is volunteering his or her service at no
6cost to render dental services through an enrolled
7not-for-profit health clinic without the dentist personally
8enrolling as a participating provider in the medical
9assistance program. A not-for-profit health clinic shall
10include a public health clinic or Federally Qualified Health
11Center or other enrolled provider, as determined by the
12Department, through which dental services covered under this
13Section are performed. The Department shall establish a
14process for payment of claims for reimbursement for covered
15dental services rendered under this provision.
16    On and after January 1, 2022, the Department of Healthcare
17and Family Services shall administer and regulate a
18school-based dental program that allows for the out-of-office
19delivery of preventative dental services in a school setting
20to children under 19 years of age. The Department shall
21establish, by rule, guidelines for participation by providers
22and set requirements for follow-up referral care based on the
23requirements established in the Dental Office Reference Manual
24published by the Department that establishes the requirements
25for dentists participating in the All Kids Dental School
26Program. Every effort shall be made by the Department when

 

 

HB4844 Engrossed- 1353 -LRB103 39009 AMC 69146 b

1developing the program requirements to consider the different
2geographic differences of both urban and rural areas of the
3State for initial treatment and necessary follow-up care. No
4provider shall be charged a fee by any unit of local government
5to participate in the school-based dental program administered
6by the Department. Nothing in this paragraph shall be
7construed to limit or preempt a home rule unit's or school
8district's authority to establish, change, or administer a
9school-based dental program in addition to, or independent of,
10the school-based dental program administered by the
11Department.
12    The Illinois Department, by rule, may distinguish and
13classify the medical services to be provided only in
14accordance with the classes of persons designated in Section
155-2.
16    The Department of Healthcare and Family Services must
17provide coverage and reimbursement for amino acid-based
18elemental formulas, regardless of delivery method, for the
19diagnosis and treatment of (i) eosinophilic disorders and (ii)
20short bowel syndrome when the prescribing physician has issued
21a written order stating that the amino acid-based elemental
22formula is medically necessary.
23    The Illinois Department shall authorize the provision of,
24and shall authorize payment for, screening by low-dose
25mammography for the presence of occult breast cancer for
26individuals 35 years of age or older who are eligible for

 

 

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1medical assistance under this Article, as follows:
2        (A) A baseline mammogram for individuals 35 to 39
3    years of age.
4        (B) An annual mammogram for individuals 40 years of
5    age or older.
6        (C) A mammogram at the age and intervals considered
7    medically necessary by the individual's health care
8    provider for individuals under 40 years of age and having
9    a family history of breast cancer, prior personal history
10    of breast cancer, positive genetic testing, or other risk
11    factors.
12        (D) A comprehensive ultrasound screening and MRI of an
13    entire breast or breasts if a mammogram demonstrates
14    heterogeneous or dense breast tissue or when medically
15    necessary as determined by a physician licensed to
16    practice medicine in all of its branches.
17        (E) A screening MRI when medically necessary, as
18    determined by a physician licensed to practice medicine in
19    all of its branches.
20        (F) A diagnostic mammogram when medically necessary,
21    as determined by a physician licensed to practice medicine
22    in all its branches, advanced practice registered nurse,
23    or physician assistant.
24    The Department shall not impose a deductible, coinsurance,
25copayment, or any other cost-sharing requirement on the
26coverage provided under this paragraph; except that this

 

 

HB4844 Engrossed- 1355 -LRB103 39009 AMC 69146 b

1sentence does not apply to coverage of diagnostic mammograms
2to the extent such coverage would disqualify a high-deductible
3health plan from eligibility for a health savings account
4pursuant to Section 223 of the Internal Revenue Code (26
5U.S.C. 223).
6    All screenings shall include a physical breast exam,
7instruction on self-examination and information regarding the
8frequency of self-examination and its value as a preventative
9tool.
10     For purposes of this Section:
11    "Diagnostic mammogram" means a mammogram obtained using
12diagnostic mammography.
13    "Diagnostic mammography" means a method of screening that
14is designed to evaluate an abnormality in a breast, including
15an abnormality seen or suspected on a screening mammogram or a
16subjective or objective abnormality otherwise detected in the
17breast.
18    "Low-dose mammography" means the x-ray examination of the
19breast using equipment dedicated specifically for mammography,
20including the x-ray tube, filter, compression device, and
21image receptor, with an average radiation exposure delivery of
22less than one rad per breast for 2 views of an average size
23breast. The term also includes digital mammography and
24includes breast tomosynthesis.
25    "Breast tomosynthesis" means a radiologic procedure that
26involves the acquisition of projection images over the

 

 

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1stationary breast to produce cross-sectional digital
2three-dimensional images of the breast.
3    If, at any time, the Secretary of the United States
4Department of Health and Human Services, or its successor
5agency, promulgates rules or regulations to be published in
6the Federal Register or publishes a comment in the Federal
7Register or issues an opinion, guidance, or other action that
8would require the State, pursuant to any provision of the
9Patient Protection and Affordable Care Act (Public Law
10111-148), including, but not limited to, 42 U.S.C.
1118031(d)(3)(B) or any successor provision, to defray the cost
12of any coverage for breast tomosynthesis outlined in this
13paragraph, then the requirement that an insurer cover breast
14tomosynthesis is inoperative other than any such coverage
15authorized under Section 1902 of the Social Security Act, 42
16U.S.C. 1396a, and the State shall not assume any obligation
17for the cost of coverage for breast tomosynthesis set forth in
18this paragraph.
19    On and after January 1, 2016, the Department shall ensure
20that all networks of care for adult clients of the Department
21include access to at least one breast imaging Center of
22Imaging Excellence as certified by the American College of
23Radiology.
24    On and after January 1, 2012, providers participating in a
25quality improvement program approved by the Department shall
26be reimbursed for screening and diagnostic mammography at the

 

 

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1same rate as the Medicare program's rates, including the
2increased reimbursement for digital mammography and, after
3January 1, 2023 (the effective date of Public Act 102-1018),
4breast tomosynthesis.
5    The Department shall convene an expert panel including
6representatives of hospitals, free-standing mammography
7facilities, and doctors, including radiologists, to establish
8quality standards for mammography.
9    On and after January 1, 2017, providers participating in a
10breast cancer treatment quality improvement program approved
11by the Department shall be reimbursed for breast cancer
12treatment at a rate that is no lower than 95% of the Medicare
13program's rates for the data elements included in the breast
14cancer treatment quality program.
15    The Department shall convene an expert panel, including
16representatives of hospitals, free-standing breast cancer
17treatment centers, breast cancer quality organizations, and
18doctors, including breast surgeons, reconstructive breast
19surgeons, oncologists, and primary care providers to establish
20quality standards for breast cancer treatment.
21    Subject to federal approval, the Department shall
22establish a rate methodology for mammography at federally
23qualified health centers and other encounter-rate clinics.
24These clinics or centers may also collaborate with other
25hospital-based mammography facilities. By January 1, 2016, the
26Department shall report to the General Assembly on the status

 

 

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1of the provision set forth in this paragraph.
2    The Department shall establish a methodology to remind
3individuals who are age-appropriate for screening mammography,
4but who have not received a mammogram within the previous 18
5months, of the importance and benefit of screening
6mammography. The Department shall work with experts in breast
7cancer outreach and patient navigation to optimize these
8reminders and shall establish a methodology for evaluating
9their effectiveness and modifying the methodology based on the
10evaluation.
11    The Department shall establish a performance goal for
12primary care providers with respect to their female patients
13over age 40 receiving an annual mammogram. This performance
14goal shall be used to provide additional reimbursement in the
15form of a quality performance bonus to primary care providers
16who meet that goal.
17    The Department shall devise a means of case-managing or
18patient navigation for beneficiaries diagnosed with breast
19cancer. This program shall initially operate as a pilot
20program in areas of the State with the highest incidence of
21mortality related to breast cancer. At least one pilot program
22site shall be in the metropolitan Chicago area and at least one
23site shall be outside the metropolitan Chicago area. On or
24after July 1, 2016, the pilot program shall be expanded to
25include one site in western Illinois, one site in southern
26Illinois, one site in central Illinois, and 4 sites within

 

 

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1metropolitan Chicago. An evaluation of the pilot program shall
2be carried out measuring health outcomes and cost of care for
3those served by the pilot program compared to similarly
4situated patients who are not served by the pilot program.
5    The Department shall require all networks of care to
6develop a means either internally or by contract with experts
7in navigation and community outreach to navigate cancer
8patients to comprehensive care in a timely fashion. The
9Department shall require all networks of care to include
10access for patients diagnosed with cancer to at least one
11academic commission on cancer-accredited cancer program as an
12in-network covered benefit.
13    The Department shall provide coverage and reimbursement
14for a human papillomavirus (HPV) vaccine that is approved for
15marketing by the federal Food and Drug Administration for all
16persons between the ages of 9 and 45. Subject to federal
17approval, the Department shall provide coverage and
18reimbursement for a human papillomavirus (HPV) vaccine for
19persons of the age of 46 and above who have been diagnosed with
20cervical dysplasia with a high risk of recurrence or
21progression. The Department shall disallow any
22preauthorization requirements for the administration of the
23human papillomavirus (HPV) vaccine.
24    On or after July 1, 2022, individuals who are otherwise
25eligible for medical assistance under this Article shall
26receive coverage for perinatal depression screenings for the

 

 

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112-month period beginning on the last day of their pregnancy.
2Medical assistance coverage under this paragraph shall be
3conditioned on the use of a screening instrument approved by
4the Department.
5    Any medical or health care provider shall immediately
6recommend, to any pregnant individual who is being provided
7prenatal services and is suspected of having a substance use
8disorder as defined in the Substance Use Disorder Act,
9referral to a local substance use disorder treatment program
10licensed by the Department of Human Services or to a licensed
11hospital which provides substance abuse treatment services.
12The Department of Healthcare and Family Services shall assure
13coverage for the cost of treatment of the drug abuse or
14addiction for pregnant recipients in accordance with the
15Illinois Medicaid Program in conjunction with the Department
16of Human Services.
17    All medical providers providing medical assistance to
18pregnant individuals under this Code shall receive information
19from the Department on the availability of services under any
20program providing case management services for addicted
21individuals, including information on appropriate referrals
22for other social services that may be needed by addicted
23individuals in addition to treatment for addiction.
24    The Illinois Department, in cooperation with the
25Departments of Human Services (as successor to the Department
26of Alcoholism and Substance Abuse) and Public Health, through

 

 

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1a public awareness campaign, may provide information
2concerning treatment for alcoholism and drug abuse and
3addiction, prenatal health care, and other pertinent programs
4directed at reducing the number of drug-affected infants born
5to recipients of medical assistance.
6    Neither the Department of Healthcare and Family Services
7nor the Department of Human Services shall sanction the
8recipient solely on the basis of the recipient's substance
9abuse.
10    The Illinois Department shall establish such regulations
11governing the dispensing of health services under this Article
12as it shall deem appropriate. The Department should seek the
13advice of formal professional advisory committees appointed by
14the Director of the Illinois Department for the purpose of
15providing regular advice on policy and administrative matters,
16information dissemination and educational activities for
17medical and health care providers, and consistency in
18procedures to the Illinois Department.
19    The Illinois Department may develop and contract with
20Partnerships of medical providers to arrange medical services
21for persons eligible under Section 5-2 of this Code.
22Implementation of this Section may be by demonstration
23projects in certain geographic areas. The Partnership shall be
24represented by a sponsor organization. The Department, by
25rule, shall develop qualifications for sponsors of
26Partnerships. Nothing in this Section shall be construed to

 

 

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1require that the sponsor organization be a medical
2organization.
3    The sponsor must negotiate formal written contracts with
4medical providers for physician services, inpatient and
5outpatient hospital care, home health services, treatment for
6alcoholism and substance abuse, and other services determined
7necessary by the Illinois Department by rule for delivery by
8Partnerships. Physician services must include prenatal and
9obstetrical care. The Illinois Department shall reimburse
10medical services delivered by Partnership providers to clients
11in target areas according to provisions of this Article and
12the Illinois Health Finance Reform Act, except that:
13        (1) Physicians participating in a Partnership and
14    providing certain services, which shall be determined by
15    the Illinois Department, to persons in areas covered by
16    the Partnership may receive an additional surcharge for
17    such services.
18        (2) The Department may elect to consider and negotiate
19    financial incentives to encourage the development of
20    Partnerships and the efficient delivery of medical care.
21        (3) Persons receiving medical services through
22    Partnerships may receive medical and case management
23    services above the level usually offered through the
24    medical assistance program.
25    Medical providers shall be required to meet certain
26qualifications to participate in Partnerships to ensure the

 

 

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1delivery of high quality medical services. These
2qualifications shall be determined by rule of the Illinois
3Department and may be higher than qualifications for
4participation in the medical assistance program. Partnership
5sponsors may prescribe reasonable additional qualifications
6for participation by medical providers, only with the prior
7written approval of the Illinois Department.
8    Nothing in this Section shall limit the free choice of
9practitioners, hospitals, and other providers of medical
10services by clients. In order to ensure patient freedom of
11choice, the Illinois Department shall immediately promulgate
12all rules and take all other necessary actions so that
13provided services may be accessed from therapeutically
14certified optometrists to the full extent of the Illinois
15Optometric Practice Act of 1987 without discriminating between
16service providers.
17    The Department shall apply for a waiver from the United
18States Health Care Financing Administration to allow for the
19implementation of Partnerships under this Section.
20    The Illinois Department shall require health care
21providers to maintain records that document the medical care
22and services provided to recipients of Medical Assistance
23under this Article. Such records must be retained for a period
24of not less than 6 years from the date of service or as
25provided by applicable State law, whichever period is longer,
26except that if an audit is initiated within the required

 

 

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1retention period then the records must be retained until the
2audit is completed and every exception is resolved. The
3Illinois Department shall require health care providers to
4make available, when authorized by the patient, in writing,
5the medical records in a timely fashion to other health care
6providers who are treating or serving persons eligible for
7Medical Assistance under this Article. All dispensers of
8medical services shall be required to maintain and retain
9business and professional records sufficient to fully and
10accurately document the nature, scope, details and receipt of
11the health care provided to persons eligible for medical
12assistance under this Code, in accordance with regulations
13promulgated by the Illinois Department. The rules and
14regulations shall require that proof of the receipt of
15prescription drugs, dentures, prosthetic devices and
16eyeglasses by eligible persons under this Section accompany
17each claim for reimbursement submitted by the dispenser of
18such medical services. No such claims for reimbursement shall
19be approved for payment by the Illinois Department without
20such proof of receipt, unless the Illinois Department shall
21have put into effect and shall be operating a system of
22post-payment audit and review which shall, on a sampling
23basis, be deemed adequate by the Illinois Department to assure
24that such drugs, dentures, prosthetic devices and eyeglasses
25for which payment is being made are actually being received by
26eligible recipients. Within 90 days after September 16, 1984

 

 

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1(the effective date of Public Act 83-1439), the Illinois
2Department shall establish a current list of acquisition costs
3for all prosthetic devices and any other items recognized as
4medical equipment and supplies reimbursable under this Article
5and shall update such list on a quarterly basis, except that
6the acquisition costs of all prescription drugs shall be
7updated no less frequently than every 30 days as required by
8Section 5-5.12.
9    Notwithstanding any other law to the contrary, the
10Illinois Department shall, within 365 days after July 22, 2013
11(the effective date of Public Act 98-104), establish
12procedures to permit skilled care facilities licensed under
13the Nursing Home Care Act to submit monthly billing claims for
14reimbursement purposes. Following development of these
15procedures, the Department shall, by July 1, 2016, test the
16viability of the new system and implement any necessary
17operational or structural changes to its information
18technology platforms in order to allow for the direct
19acceptance and payment of nursing home claims.
20    Notwithstanding any other law to the contrary, the
21Illinois Department shall, within 365 days after August 15,
222014 (the effective date of Public Act 98-963), establish
23procedures to permit ID/DD facilities licensed under the ID/DD
24Community Care Act and MC/DD facilities licensed under the
25MC/DD Act to submit monthly billing claims for reimbursement
26purposes. Following development of these procedures, the

 

 

HB4844 Engrossed- 1366 -LRB103 39009 AMC 69146 b

1Department shall have an additional 365 days to test the
2viability of the new system and to ensure that any necessary
3operational or structural changes to its information
4technology platforms are implemented.
5    The Illinois Department shall require all dispensers of
6medical services, other than an individual practitioner or
7group of practitioners, desiring to participate in the Medical
8Assistance program established under this Article to disclose
9all financial, beneficial, ownership, equity, surety or other
10interests in any and all firms, corporations, partnerships,
11associations, business enterprises, joint ventures, agencies,
12institutions or other legal entities providing any form of
13health care services in this State under this Article.
14    The Illinois Department may require that all dispensers of
15medical services desiring to participate in the medical
16assistance program established under this Article disclose,
17under such terms and conditions as the Illinois Department may
18by rule establish, all inquiries from clients and attorneys
19regarding medical bills paid by the Illinois Department, which
20inquiries could indicate potential existence of claims or
21liens for the Illinois Department.
22    Enrollment of a vendor shall be subject to a provisional
23period and shall be conditional for one year. During the
24period of conditional enrollment, the Department may terminate
25the vendor's eligibility to participate in, or may disenroll
26the vendor from, the medical assistance program without cause.

 

 

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1Unless otherwise specified, such termination of eligibility or
2disenrollment is not subject to the Department's hearing
3process. However, a disenrolled vendor may reapply without
4penalty.
5    The Department has the discretion to limit the conditional
6enrollment period for vendors based upon the category of risk
7of the vendor.
8    Prior to enrollment and during the conditional enrollment
9period in the medical assistance program, all vendors shall be
10subject to enhanced oversight, screening, and review based on
11the risk of fraud, waste, and abuse that is posed by the
12category of risk of the vendor. The Illinois Department shall
13establish the procedures for oversight, screening, and review,
14which may include, but need not be limited to: criminal and
15financial background checks; fingerprinting; license,
16certification, and authorization verifications; unscheduled or
17unannounced site visits; database checks; prepayment audit
18reviews; audits; payment caps; payment suspensions; and other
19screening as required by federal or State law.
20    The Department shall define or specify the following: (i)
21by provider notice, the "category of risk of the vendor" for
22each type of vendor, which shall take into account the level of
23screening applicable to a particular category of vendor under
24federal law and regulations; (ii) by rule or provider notice,
25the maximum length of the conditional enrollment period for
26each category of risk of the vendor; and (iii) by rule, the

 

 

HB4844 Engrossed- 1368 -LRB103 39009 AMC 69146 b

1hearing rights, if any, afforded to a vendor in each category
2of risk of the vendor that is terminated or disenrolled during
3the conditional enrollment period.
4    To be eligible for payment consideration, a vendor's
5payment claim or bill, either as an initial claim or as a
6resubmitted claim following prior rejection, must be received
7by the Illinois Department, or its fiscal intermediary, no
8later than 180 days after the latest date on the claim on which
9medical goods or services were provided, with the following
10exceptions:
11        (1) In the case of a provider whose enrollment is in
12    process by the Illinois Department, the 180-day period
13    shall not begin until the date on the written notice from
14    the Illinois Department that the provider enrollment is
15    complete.
16        (2) In the case of errors attributable to the Illinois
17    Department or any of its claims processing intermediaries
18    which result in an inability to receive, process, or
19    adjudicate a claim, the 180-day period shall not begin
20    until the provider has been notified of the error.
21        (3) In the case of a provider for whom the Illinois
22    Department initiates the monthly billing process.
23        (4) In the case of a provider operated by a unit of
24    local government with a population exceeding 3,000,000
25    when local government funds finance federal participation
26    for claims payments.

 

 

HB4844 Engrossed- 1369 -LRB103 39009 AMC 69146 b

1    For claims for services rendered during a period for which
2a recipient received retroactive eligibility, claims must be
3filed within 180 days after the Department determines the
4applicant is eligible. For claims for which the Illinois
5Department is not the primary payer, claims must be submitted
6to the Illinois Department within 180 days after the final
7adjudication by the primary payer.
8    In the case of long term care facilities, within 120
9calendar days of receipt by the facility of required
10prescreening information, new admissions with associated
11admission documents shall be submitted through the Medical
12Electronic Data Interchange (MEDI) or the Recipient
13Eligibility Verification (REV) System or shall be submitted
14directly to the Department of Human Services using required
15admission forms. Effective September 1, 2014, admission
16documents, including all prescreening information, must be
17submitted through MEDI or REV. Confirmation numbers assigned
18to an accepted transaction shall be retained by a facility to
19verify timely submittal. Once an admission transaction has
20been completed, all resubmitted claims following prior
21rejection are subject to receipt no later than 180 days after
22the admission transaction has been completed.
23    Claims that are not submitted and received in compliance
24with the foregoing requirements shall not be eligible for
25payment under the medical assistance program, and the State
26shall have no liability for payment of those claims.

 

 

HB4844 Engrossed- 1370 -LRB103 39009 AMC 69146 b

1    To the extent consistent with applicable information and
2privacy, security, and disclosure laws, State and federal
3agencies and departments shall provide the Illinois Department
4access to confidential and other information and data
5necessary to perform eligibility and payment verifications and
6other Illinois Department functions. This includes, but is not
7limited to: information pertaining to licensure;
8certification; earnings; immigration status; citizenship; wage
9reporting; unearned and earned income; pension income;
10employment; supplemental security income; social security
11numbers; National Provider Identifier (NPI) numbers; the
12National Practitioner Data Bank (NPDB); program and agency
13exclusions; taxpayer identification numbers; tax delinquency;
14corporate information; and death records.
15    The Illinois Department shall enter into agreements with
16State agencies and departments, and is authorized to enter
17into agreements with federal agencies and departments, under
18which such agencies and departments shall share data necessary
19for medical assistance program integrity functions and
20oversight. The Illinois Department shall develop, in
21cooperation with other State departments and agencies, and in
22compliance with applicable federal laws and regulations,
23appropriate and effective methods to share such data. At a
24minimum, and to the extent necessary to provide data sharing,
25the Illinois Department shall enter into agreements with State
26agencies and departments, and is authorized to enter into

 

 

HB4844 Engrossed- 1371 -LRB103 39009 AMC 69146 b

1agreements with federal agencies and departments, including,
2but not limited to: the Secretary of State; the Department of
3Revenue; the Department of Public Health; the Department of
4Human Services; and the Department of Financial and
5Professional Regulation.
6    Beginning in fiscal year 2013, the Illinois Department
7shall set forth a request for information to identify the
8benefits of a pre-payment, post-adjudication, and post-edit
9claims system with the goals of streamlining claims processing
10and provider reimbursement, reducing the number of pending or
11rejected claims, and helping to ensure a more transparent
12adjudication process through the utilization of: (i) provider
13data verification and provider screening technology; and (ii)
14clinical code editing; and (iii) pre-pay, pre-adjudicated, or
15post-adjudicated predictive modeling with an integrated case
16management system with link analysis. Such a request for
17information shall not be considered as a request for proposal
18or as an obligation on the part of the Illinois Department to
19take any action or acquire any products or services.
20    The Illinois Department shall establish policies,
21procedures, standards and criteria by rule for the
22acquisition, repair and replacement of orthotic and prosthetic
23devices and durable medical equipment. Such rules shall
24provide, but not be limited to, the following services: (1)
25immediate repair or replacement of such devices by recipients;
26and (2) rental, lease, purchase or lease-purchase of durable

 

 

HB4844 Engrossed- 1372 -LRB103 39009 AMC 69146 b

1medical equipment in a cost-effective manner, taking into
2consideration the recipient's medical prognosis, the extent of
3the recipient's needs, and the requirements and costs for
4maintaining such equipment. Subject to prior approval, such
5rules shall enable a recipient to temporarily acquire and use
6alternative or substitute devices or equipment pending repairs
7or replacements of any device or equipment previously
8authorized for such recipient by the Department.
9Notwithstanding any provision of Section 5-5f to the contrary,
10the Department may, by rule, exempt certain replacement
11wheelchair parts from prior approval and, for wheelchairs,
12wheelchair parts, wheelchair accessories, and related seating
13and positioning items, determine the wholesale price by
14methods other than actual acquisition costs.
15    The Department shall require, by rule, all providers of
16durable medical equipment to be accredited by an accreditation
17organization approved by the federal Centers for Medicare and
18Medicaid Services and recognized by the Department in order to
19bill the Department for providing durable medical equipment to
20recipients. No later than 15 months after the effective date
21of the rule adopted pursuant to this paragraph, all providers
22must meet the accreditation requirement.
23    In order to promote environmental responsibility, meet the
24needs of recipients and enrollees, and achieve significant
25cost savings, the Department, or a managed care organization
26under contract with the Department, may provide recipients or

 

 

HB4844 Engrossed- 1373 -LRB103 39009 AMC 69146 b

1managed care enrollees who have a prescription or Certificate
2of Medical Necessity access to refurbished durable medical
3equipment under this Section (excluding prosthetic and
4orthotic devices as defined in the Orthotics, Prosthetics, and
5Pedorthics Practice Act and complex rehabilitation technology
6products and associated services) through the State's
7assistive technology program's reutilization program, using
8staff with the Assistive Technology Professional (ATP)
9Certification if the refurbished durable medical equipment:
10(i) is available; (ii) is less expensive, including shipping
11costs, than new durable medical equipment of the same type;
12(iii) is able to withstand at least 3 years of use; (iv) is
13cleaned, disinfected, sterilized, and safe in accordance with
14federal Food and Drug Administration regulations and guidance
15governing the reprocessing of medical devices in health care
16settings; and (v) equally meets the needs of the recipient or
17enrollee. The reutilization program shall confirm that the
18recipient or enrollee is not already in receipt of the same or
19similar equipment from another service provider, and that the
20refurbished durable medical equipment equally meets the needs
21of the recipient or enrollee. Nothing in this paragraph shall
22be construed to limit recipient or enrollee choice to obtain
23new durable medical equipment or place any additional prior
24authorization conditions on enrollees of managed care
25organizations.
26    The Department shall execute, relative to the nursing home

 

 

HB4844 Engrossed- 1374 -LRB103 39009 AMC 69146 b

1prescreening project, written inter-agency agreements with the
2Department of Human Services and the Department on Aging, to
3effect the following: (i) intake procedures and common
4eligibility criteria for those persons who are receiving
5non-institutional services; and (ii) the establishment and
6development of non-institutional services in areas of the
7State where they are not currently available or are
8undeveloped; and (iii) notwithstanding any other provision of
9law, subject to federal approval, on and after July 1, 2012, an
10increase in the determination of need (DON) scores from 29 to
1137 for applicants for institutional and home and
12community-based long term care; if and only if federal
13approval is not granted, the Department may, in conjunction
14with other affected agencies, implement utilization controls
15or changes in benefit packages to effectuate a similar savings
16amount for this population; and (iv) no later than July 1,
172013, minimum level of care eligibility criteria for
18institutional and home and community-based long term care; and
19(v) no later than October 1, 2013, establish procedures to
20permit long term care providers access to eligibility scores
21for individuals with an admission date who are seeking or
22receiving services from the long term care provider. In order
23to select the minimum level of care eligibility criteria, the
24Governor shall establish a workgroup that includes affected
25agency representatives and stakeholders representing the
26institutional and home and community-based long term care

 

 

HB4844 Engrossed- 1375 -LRB103 39009 AMC 69146 b

1interests. This Section shall not restrict the Department from
2implementing lower level of care eligibility criteria for
3community-based services in circumstances where federal
4approval has been granted.
5    The Illinois Department shall develop and operate, in
6cooperation with other State Departments and agencies and in
7compliance with applicable federal laws and regulations,
8appropriate and effective systems of health care evaluation
9and programs for monitoring of utilization of health care
10services and facilities, as it affects persons eligible for
11medical assistance under this Code.
12    The Illinois Department shall report annually to the
13General Assembly, no later than the second Friday in April of
141979 and each year thereafter, in regard to:
15        (a) actual statistics and trends in utilization of
16    medical services by public aid recipients;
17        (b) actual statistics and trends in the provision of
18    the various medical services by medical vendors;
19        (c) current rate structures and proposed changes in
20    those rate structures for the various medical vendors; and
21        (d) efforts at utilization review and control by the
22    Illinois Department.
23    The period covered by each report shall be the 3 years
24ending on the June 30 prior to the report. The report shall
25include suggested legislation for consideration by the General
26Assembly. The requirement for reporting to the General

 

 

HB4844 Engrossed- 1376 -LRB103 39009 AMC 69146 b

1Assembly shall be satisfied by filing copies of the report as
2required by Section 3.1 of the General Assembly Organization
3Act, and filing such additional copies with the State
4Government Report Distribution Center for the General Assembly
5as is required under paragraph (t) of Section 7 of the State
6Library Act.
7    Rulemaking authority to implement Public Act 95-1045, if
8any, is conditioned on the rules being adopted in accordance
9with all provisions of the Illinois Administrative Procedure
10Act and all rules and procedures of the Joint Committee on
11Administrative Rules; any purported rule not so adopted, for
12whatever reason, is unauthorized.
13    On and after July 1, 2012, the Department shall reduce any
14rate of reimbursement for services or other payments or alter
15any methodologies authorized by this Code to reduce any rate
16of reimbursement for services or other payments in accordance
17with Section 5-5e.
18    Because kidney transplantation can be an appropriate,
19cost-effective alternative to renal dialysis when medically
20necessary and notwithstanding the provisions of Section 1-11
21of this Code, beginning October 1, 2014, the Department shall
22cover kidney transplantation for noncitizens with end-stage
23renal disease who are not eligible for comprehensive medical
24benefits, who meet the residency requirements of Section 5-3
25of this Code, and who would otherwise meet the financial
26requirements of the appropriate class of eligible persons

 

 

HB4844 Engrossed- 1377 -LRB103 39009 AMC 69146 b

1under Section 5-2 of this Code. To qualify for coverage of
2kidney transplantation, such person must be receiving
3emergency renal dialysis services covered by the Department.
4Providers under this Section shall be prior approved and
5certified by the Department to perform kidney transplantation
6and the services under this Section shall be limited to
7services associated with kidney transplantation.
8    Notwithstanding any other provision of this Code to the
9contrary, on or after July 1, 2015, all FDA approved forms of
10medication assisted treatment prescribed for the treatment of
11alcohol dependence or treatment of opioid dependence shall be
12covered under both fee-for-service fee for service and managed
13care medical assistance programs for persons who are otherwise
14eligible for medical assistance under this Article and shall
15not be subject to any (1) utilization control, other than
16those established under the American Society of Addiction
17Medicine patient placement criteria, (2) prior authorization
18mandate, or (3) lifetime restriction limit mandate.
19    On or after July 1, 2015, opioid antagonists prescribed
20for the treatment of an opioid overdose, including the
21medication product, administration devices, and any pharmacy
22fees or hospital fees related to the dispensing, distribution,
23and administration of the opioid antagonist, shall be covered
24under the medical assistance program for persons who are
25otherwise eligible for medical assistance under this Article.
26As used in this Section, "opioid antagonist" means a drug that

 

 

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1binds to opioid receptors and blocks or inhibits the effect of
2opioids acting on those receptors, including, but not limited
3to, naloxone hydrochloride or any other similarly acting drug
4approved by the U.S. Food and Drug Administration. The
5Department shall not impose a copayment on the coverage
6provided for naloxone hydrochloride under the medical
7assistance program.
8    Upon federal approval, the Department shall provide
9coverage and reimbursement for all drugs that are approved for
10marketing by the federal Food and Drug Administration and that
11are recommended by the federal Public Health Service or the
12United States Centers for Disease Control and Prevention for
13pre-exposure prophylaxis and related pre-exposure prophylaxis
14services, including, but not limited to, HIV and sexually
15transmitted infection screening, treatment for sexually
16transmitted infections, medical monitoring, assorted labs, and
17counseling to reduce the likelihood of HIV infection among
18individuals who are not infected with HIV but who are at high
19risk of HIV infection.
20    A federally qualified health center, as defined in Section
211905(l)(2)(B) of the federal Social Security Act, shall be
22reimbursed by the Department in accordance with the federally
23qualified health center's encounter rate for services provided
24to medical assistance recipients that are performed by a
25dental hygienist, as defined under the Illinois Dental
26Practice Act, working under the general supervision of a

 

 

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1dentist and employed by a federally qualified health center.
2    Within 90 days after October 8, 2021 (the effective date
3of Public Act 102-665), the Department shall seek federal
4approval of a State Plan amendment to expand coverage for
5family planning services that includes presumptive eligibility
6to individuals whose income is at or below 208% of the federal
7poverty level. Coverage under this Section shall be effective
8beginning no later than December 1, 2022.
9    Subject to approval by the federal Centers for Medicare
10and Medicaid Services of a Title XIX State Plan amendment
11electing the Program of All-Inclusive Care for the Elderly
12(PACE) as a State Medicaid option, as provided for by Subtitle
13I (commencing with Section 4801) of Title IV of the Balanced
14Budget Act of 1997 (Public Law 105-33) and Part 460
15(commencing with Section 460.2) of Subchapter E of Title 42 of
16the Code of Federal Regulations, PACE program services shall
17become a covered benefit of the medical assistance program,
18subject to criteria established in accordance with all
19applicable laws.
20    Notwithstanding any other provision of this Code,
21community-based pediatric palliative care from a trained
22interdisciplinary team shall be covered under the medical
23assistance program as provided in Section 15 of the Pediatric
24Palliative Care Act.
25    Notwithstanding any other provision of this Code, within
2612 months after June 2, 2022 (the effective date of Public Act

 

 

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1102-1037) and subject to federal approval, acupuncture
2services performed by an acupuncturist licensed under the
3Acupuncture Practice Act who is acting within the scope of his
4or her license shall be covered under the medical assistance
5program. The Department shall apply for any federal waiver or
6State Plan amendment, if required, to implement this
7paragraph. The Department may adopt any rules, including
8standards and criteria, necessary to implement this paragraph.
9    Notwithstanding any other provision of this Code, the
10medical assistance program shall, subject to appropriation and
11federal approval, reimburse hospitals for costs associated
12with a newborn screening test for the presence of
13metachromatic leukodystrophy, as required under the Newborn
14Metabolic Screening Act, at a rate not less than the fee
15charged by the Department of Public Health. The Department
16shall seek federal approval before the implementation of the
17newborn screening test fees by the Department of Public
18Health.
19    Notwithstanding any other provision of this Code,
20beginning on January 1, 2024, subject to federal approval,
21cognitive assessment and care planning services provided to a
22person who experiences signs or symptoms of cognitive
23impairment, as defined by the Diagnostic and Statistical
24Manual of Mental Disorders, Fifth Edition, shall be covered
25under the medical assistance program for persons who are
26otherwise eligible for medical assistance under this Article.

 

 

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1    Notwithstanding any other provision of this Code,
2medically necessary reconstructive services that are intended
3to restore physical appearance shall be covered under the
4medical assistance program for persons who are otherwise
5eligible for medical assistance under this Article. As used in
6this paragraph, "reconstructive services" means treatments
7performed on structures of the body damaged by trauma to
8restore physical appearance.
9(Source: P.A. 102-43, Article 30, Section 30-5, eff. 7-6-21;
10102-43, Article 35, Section 35-5, eff. 7-6-21; 102-43, Article
1155, Section 55-5, eff. 7-6-21; 102-95, eff. 1-1-22; 102-123,
12eff. 1-1-22; 102-558, eff. 8-20-21; 102-598, eff. 1-1-22;
13102-655, eff. 1-1-22; 102-665, eff. 10-8-21; 102-813, eff.
145-13-22; 102-1018, eff. 1-1-23; 102-1037, eff. 6-2-22;
15102-1038, eff. 1-1-23; 103-102, Article 15, Section 15-5, eff.
161-1-24; 103-102, Article 95, Section 95-15, eff. 1-1-24;
17103-123, eff. 1-1-24; 103-154, eff. 6-30-23; 103-368, eff.
181-1-24; revised 12-15-23.)
 
19    (305 ILCS 5/5-5.01a)
20    Sec. 5-5.01a. Supportive living facilities program.
21    (a) The Department shall establish and provide oversight
22for a program of supportive living facilities that seek to
23promote resident independence, dignity, respect, and
24well-being in the most cost-effective manner.
25    A supportive living facility is (i) a free-standing

 

 

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1facility or (ii) a distinct physical and operational entity
2within a mixed-use building that meets the criteria
3established in subsection (d). A supportive living facility
4integrates housing with health, personal care, and supportive
5services and is a designated setting that offers residents
6their own separate, private, and distinct living units.
7    Sites for the operation of the program shall be selected
8by the Department based upon criteria that may include the
9need for services in a geographic area, the availability of
10funding, and the site's ability to meet the standards.
11    (b) Beginning July 1, 2014, subject to federal approval,
12the Medicaid rates for supportive living facilities shall be
13equal to the supportive living facility Medicaid rate
14effective on June 30, 2014 increased by 8.85%. Once the
15assessment imposed at Article V-G of this Code is determined
16to be a permissible tax under Title XIX of the Social Security
17Act, the Department shall increase the Medicaid rates for
18supportive living facilities effective on July 1, 2014 by
199.09%. The Department shall apply this increase retroactively
20to coincide with the imposition of the assessment in Article
21V-G of this Code in accordance with the approval for federal
22financial participation by the Centers for Medicare and
23Medicaid Services.
24    The Medicaid rates for supportive living facilities
25effective on July 1, 2017 must be equal to the rates in effect
26for supportive living facilities on June 30, 2017 increased by

 

 

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12.8%.
2    The Medicaid rates for supportive living facilities
3effective on July 1, 2018 must be equal to the rates in effect
4for supportive living facilities on June 30, 2018.
5    Subject to federal approval, the Medicaid rates for
6supportive living services on and after July 1, 2019 must be at
7least 54.3% of the average total nursing facility services per
8diem for the geographic areas defined by the Department while
9maintaining the rate differential for dementia care and must
10be updated whenever the total nursing facility service per
11diems are updated. Beginning July 1, 2022, upon the
12implementation of the Patient Driven Payment Model, Medicaid
13rates for supportive living services must be at least 54.3% of
14the average total nursing services per diem rate for the
15geographic areas. For purposes of this provision, the average
16total nursing services per diem rate shall include all add-ons
17for nursing facilities for the geographic area provided for in
18Section 5-5.2. The rate differential for dementia care must be
19maintained in these rates and the rates shall be updated
20whenever nursing facility per diem rates are updated.
21    Subject to federal approval, beginning January 1, 2024,
22the dementia care rate for supportive living services must be
23no less than the non-dementia care supportive living services
24rate multiplied by 1.5.
25    (c) The Department may adopt rules to implement this
26Section. Rules that establish or modify the services,

 

 

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1standards, and conditions for participation in the program
2shall be adopted by the Department in consultation with the
3Department on Aging, the Department of Rehabilitation
4Services, and the Department of Mental Health and
5Developmental Disabilities (or their successor agencies).
6    (d) Subject to federal approval by the Centers for
7Medicare and Medicaid Services, the Department shall accept
8for consideration of certification under the program any
9application for a site or building where distinct parts of the
10site or building are designated for purposes other than the
11provision of supportive living services, but only if:
12        (1) those distinct parts of the site or building are
13    not designated for the purpose of providing assisted
14    living services as required under the Assisted Living and
15    Shared Housing Act;
16        (2) those distinct parts of the site or building are
17    completely separate from the part of the building used for
18    the provision of supportive living program services,
19    including separate entrances;
20        (3) those distinct parts of the site or building do
21    not share any common spaces with the part of the building
22    used for the provision of supportive living program
23    services; and
24        (4) those distinct parts of the site or building do
25    not share staffing with the part of the building used for
26    the provision of supportive living program services.

 

 

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1    (e) Facilities or distinct parts of facilities which are
2selected as supportive living facilities and are in good
3standing with the Department's rules are exempt from the
4provisions of the Nursing Home Care Act and the Illinois
5Health Facilities Planning Act.
6    (f) Section 9817 of the American Rescue Plan Act of 2021
7(Public Law 117-2) authorizes a 10% enhanced federal medical
8assistance percentage for supportive living services for a
912-month period from April 1, 2021 through March 31, 2022.
10Subject to federal approval, including the approval of any
11necessary waiver amendments or other federally required
12documents or assurances, for a 12-month period the Department
13must pay a supplemental $26 per diem rate to all supportive
14living facilities with the additional federal financial
15participation funds that result from the enhanced federal
16medical assistance percentage from April 1, 2021 through March
1731, 2022. The Department may issue parameters around how the
18supplemental payment should be spent, including quality
19improvement activities. The Department may alter the form,
20methods, or timeframes concerning the supplemental per diem
21rate to comply with any subsequent changes to federal law,
22changes made by guidance issued by the federal Centers for
23Medicare and Medicaid Services, or other changes necessary to
24receive the enhanced federal medical assistance percentage.
25    (g) All applications for the expansion of supportive
26living dementia care settings involving sites not approved by

 

 

HB4844 Engrossed- 1386 -LRB103 39009 AMC 69146 b

1the Department on January 1, 2024 (the effective date of
2Public Act 103-102) this amendatory Act of the 103rd General
3Assembly may allow new elderly non-dementia units in addition
4to new dementia care units. The Department may approve such
5applications only if the application has: (1) no more than one
6non-dementia care unit for each dementia care unit and (2) the
7site is not located within 4 miles of an existing supportive
8living program site in Cook County (including the City of
9Chicago), not located within 12 miles of an existing
10supportive living program site in DuPage County, Kane County,
11Lake County, McHenry County, or Will County, or not located
12within 25 miles of an existing supportive living program site
13in any other county.
14(Source: P.A. 102-43, eff. 7-6-21; 102-699, eff. 4-19-22;
15103-102, Article 20, Section 20-5, eff. 1-1-24; 103-102,
16Article 100, Section 100-5, eff. 1-1-24; revised 12-15-23.)
 
17    (305 ILCS 5/5-5.05)
18    Sec. 5-5.05. Hospitals; psychiatric services.
19    (a) On and after January 1, 2024, the inpatient, per diem
20rate to be paid to a hospital for inpatient psychiatric
21services shall be not less than 90% of the per diem rate
22established in accordance with subsection paragraph (b-5) of
23this Section, subject to the provisions of Section 14-12.5.
24    (b) For purposes of this Section, "hospital" means a
25hospital with a distinct part unit for psychiatric services.

 

 

HB4844 Engrossed- 1387 -LRB103 39009 AMC 69146 b

1    For purposes of this Section, "inpatient psychiatric
2services" means those services provided to patients who are in
3need of short-term acute inpatient hospitalization for active
4treatment of an emotional or mental disorder.
5    (b-5) Notwithstanding any other provision of this Section,
6the inpatient, per diem rate to be paid to all safety-net
7hospitals for inpatient psychiatric services on and after
8January 1, 2021 shall be at least $630, subject to the
9provisions of Section 14-12.5.
10    (b-10) Notwithstanding any other provision of this
11Section, effective with dates of service on and after January
121, 2022, any general acute care hospital with more than 9,500
13inpatient psychiatric Medicaid days in any calendar year shall
14be paid the inpatient per diem rate of no less than $630,
15subject to the provisions of Section 14-12.5.
16    (c) No rules shall be promulgated to implement this
17Section. For purposes of this Section, "rules" is given the
18meaning contained in Section 1-70 of the Illinois
19Administrative Procedure Act.
20    (d) (Blank).
21    (e) On and after July 1, 2012, the Department shall reduce
22any rate of reimbursement for services or other payments or
23alter any methodologies authorized by this Code to reduce any
24rate of reimbursement for services or other payments in
25accordance with Section 5-5e.
26(Source: P.A. 102-4, eff. 4-27-21; 102-674, eff. 11-30-21;

 

 

HB4844 Engrossed- 1388 -LRB103 39009 AMC 69146 b

1103-102, eff. 6-16-23; revised 9-21-23.)
 
2    (305 ILCS 5/5-5.2)
3    Sec. 5-5.2. Payment.
4    (a) All nursing facilities that are grouped pursuant to
5Section 5-5.1 of this Act shall receive the same rate of
6payment for similar services.
7    (b) It shall be a matter of State policy that the Illinois
8Department shall utilize a uniform billing cycle throughout
9the State for the long-term care providers.
10    (c) (Blank).
11    (c-1) Notwithstanding any other provisions of this Code,
12the methodologies for reimbursement of nursing services as
13provided under this Article shall no longer be applicable for
14bills payable for nursing services rendered on or after a new
15reimbursement system based on the Patient Driven Payment Model
16(PDPM) has been fully operationalized, which shall take effect
17for services provided on or after the implementation of the
18PDPM reimbursement system begins. For the purposes of Public
19Act 102-1035 this amendatory Act of the 102nd General
20Assembly, the implementation date of the PDPM reimbursement
21system and all related provisions shall be July 1, 2022 if the
22following conditions are met: (i) the Centers for Medicare and
23Medicaid Services has approved corresponding changes in the
24reimbursement system and bed assessment; and (ii) the
25Department has filed rules to implement these changes no later

 

 

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1than June 1, 2022. Failure of the Department to file rules to
2implement the changes provided in Public Act 102-1035 this
3amendatory Act of the 102nd General Assembly no later than
4June 1, 2022 shall result in the implementation date being
5delayed to October 1, 2022.
6    (d) The new nursing services reimbursement methodology
7utilizing the Patient Driven Payment Model, which shall be
8referred to as the PDPM reimbursement system, taking effect
9July 1, 2022, upon federal approval by the Centers for
10Medicare and Medicaid Services, shall be based on the
11following:
12        (1) The methodology shall be resident-centered,
13    facility-specific, cost-based, and based on guidance from
14    the Centers for Medicare and Medicaid Services.
15        (2) Costs shall be annually rebased and case mix index
16    quarterly updated. The nursing services methodology will
17    be assigned to the Medicaid enrolled residents on record
18    as of 30 days prior to the beginning of the rate period in
19    the Department's Medicaid Management Information System
20    (MMIS) as present on the last day of the second quarter
21    preceding the rate period based upon the Assessment
22    Reference Date of the Minimum Data Set (MDS).
23        (3) Regional wage adjustors based on the Health
24    Service Areas (HSA) groupings and adjusters in effect on
25    April 30, 2012 shall be included, except no adjuster shall
26    be lower than 1.06.

 

 

HB4844 Engrossed- 1390 -LRB103 39009 AMC 69146 b

1        (4) PDPM nursing case mix indices in effect on March
2    1, 2022 shall be assigned to each resident class at no less
3    than 0.7858 of the Centers for Medicare and Medicaid
4    Services PDPM unadjusted case mix values, in effect on
5    March 1, 2022.
6        (5) The pool of funds available for distribution by
7    case mix and the base facility rate shall be determined
8    using the formula contained in subsection (d-1).
9        (6) The Department shall establish a variable per diem
10    staffing add-on in accordance with the most recent
11    available federal staffing report, currently the Payroll
12    Based Journal, for the same period of time, and if
13    applicable adjusted for acuity using the same quarter's
14    MDS. The Department shall rely on Payroll Based Journals
15    provided to the Department of Public Health to make a
16    determination of non-submission. If the Department is
17    notified by a facility of missing or inaccurate Payroll
18    Based Journal data or an incorrect calculation of
19    staffing, the Department must make a correction as soon as
20    the error is verified for the applicable quarter.
21        Facilities with at least 70% of the staffing indicated
22    by the STRIVE study shall be paid a per diem add-on of $9,
23    increasing by equivalent steps for each whole percentage
24    point until the facilities reach a per diem of $14.88.
25    Facilities with at least 80% of the staffing indicated by
26    the STRIVE study shall be paid a per diem add-on of $14.88,

 

 

HB4844 Engrossed- 1391 -LRB103 39009 AMC 69146 b

1    increasing by equivalent steps for each whole percentage
2    point until the facilities reach a per diem add-on of
3    $23.80. Facilities with at least 92% of the staffing
4    indicated by the STRIVE study shall be paid a per diem
5    add-on of $23.80, increasing by equivalent steps for each
6    whole percentage point until the facilities reach a per
7    diem add-on of $29.75. Facilities with at least 100% of
8    the staffing indicated by the STRIVE study shall be paid a
9    per diem add-on of $29.75, increasing by equivalent steps
10    for each whole percentage point until the facilities reach
11    a per diem add-on of $35.70. Facilities with at least 110%
12    of the staffing indicated by the STRIVE study shall be
13    paid a per diem add-on of $35.70, increasing by equivalent
14    steps for each whole percentage point until the facilities
15    reach a per diem add-on of $38.68. Facilities with at
16    least 125% or higher of the staffing indicated by the
17    STRIVE study shall be paid a per diem add-on of $38.68.
18    Beginning April 1, 2023, no nursing facility's variable
19    staffing per diem add-on shall be reduced by more than 5%
20    in 2 consecutive quarters. For the quarters beginning July
21    1, 2022 and October 1, 2022, no facility's variable per
22    diem staffing add-on shall be calculated at a rate lower
23    than 85% of the staffing indicated by the STRIVE study. No
24    facility below 70% of the staffing indicated by the STRIVE
25    study shall receive a variable per diem staffing add-on
26    after December 31, 2022.

 

 

HB4844 Engrossed- 1392 -LRB103 39009 AMC 69146 b

1        (7) For dates of services beginning July 1, 2022, the
2    PDPM nursing component per diem for each nursing facility
3    shall be the product of the facility's (i) statewide PDPM
4    nursing base per diem rate, $92.25, adjusted for the
5    facility average PDPM case mix index calculated quarterly
6    and (ii) the regional wage adjuster, and then add the
7    Medicaid access adjustment as defined in (e-3) of this
8    Section. Transition rates for services provided between
9    July 1, 2022 and October 1, 2023 shall be the greater of
10    the PDPM nursing component per diem or:
11            (A) for the quarter beginning July 1, 2022, the
12        RUG-IV nursing component per diem;
13            (B) for the quarter beginning October 1, 2022, the
14        sum of the RUG-IV nursing component per diem
15        multiplied by 0.80 and the PDPM nursing component per
16        diem multiplied by 0.20;
17            (C) for the quarter beginning January 1, 2023, the
18        sum of the RUG-IV nursing component per diem
19        multiplied by 0.60 and the PDPM nursing component per
20        diem multiplied by 0.40;
21            (D) for the quarter beginning April 1, 2023, the
22        sum of the RUG-IV nursing component per diem
23        multiplied by 0.40 and the PDPM nursing component per
24        diem multiplied by 0.60;
25            (E) for the quarter beginning July 1, 2023, the
26        sum of the RUG-IV nursing component per diem

 

 

HB4844 Engrossed- 1393 -LRB103 39009 AMC 69146 b

1        multiplied by 0.20 and the PDPM nursing component per
2        diem multiplied by 0.80; or
3            (F) for the quarter beginning October 1, 2023 and
4        each subsequent quarter, the transition rate shall end
5        and a nursing facility shall be paid 100% of the PDPM
6        nursing component per diem.
7    (d-1) Calculation of base year Statewide RUG-IV nursing
8base per diem rate.
9        (1) Base rate spending pool shall be:
10            (A) The base year resident days which are
11        calculated by multiplying the number of Medicaid
12        residents in each nursing home as indicated in the MDS
13        data defined in paragraph (4) by 365.
14            (B) Each facility's nursing component per diem in
15        effect on July 1, 2012 shall be multiplied by
16        subsection (A).
17            (C) Thirteen million is added to the product of
18        subparagraph (A) and subparagraph (B) to adjust for
19        the exclusion of nursing homes defined in paragraph
20        (5).
21        (2) For each nursing home with Medicaid residents as
22    indicated by the MDS data defined in paragraph (4),
23    weighted days adjusted for case mix and regional wage
24    adjustment shall be calculated. For each home this
25    calculation is the product of:
26            (A) Base year resident days as calculated in

 

 

HB4844 Engrossed- 1394 -LRB103 39009 AMC 69146 b

1        subparagraph (A) of paragraph (1).
2            (B) The nursing home's regional wage adjustor
3        based on the Health Service Areas (HSA) groupings and
4        adjustors in effect on April 30, 2012.
5            (C) Facility weighted case mix which is the number
6        of Medicaid residents as indicated by the MDS data
7        defined in paragraph (4) multiplied by the associated
8        case weight for the RUG-IV 48 grouper model using
9        standard RUG-IV procedures for index maximization.
10            (D) The sum of the products calculated for each
11        nursing home in subparagraphs (A) through (C) above
12        shall be the base year case mix, rate adjusted
13        weighted days.
14        (3) The Statewide RUG-IV nursing base per diem rate:
15            (A) on January 1, 2014 shall be the quotient of the
16        paragraph (1) divided by the sum calculated under
17        subparagraph (D) of paragraph (2);
18            (B) on and after July 1, 2014 and until July 1,
19        2022, shall be the amount calculated under
20        subparagraph (A) of this paragraph (3) plus $1.76; and
21            (C) beginning July 1, 2022 and thereafter, $7
22        shall be added to the amount calculated under
23        subparagraph (B) of this paragraph (3) of this
24        Section.
25        (4) Minimum Data Set (MDS) comprehensive assessments
26    for Medicaid residents on the last day of the quarter used

 

 

HB4844 Engrossed- 1395 -LRB103 39009 AMC 69146 b

1    to establish the base rate.
2        (5) Nursing facilities designated as of July 1, 2012
3    by the Department as "Institutions for Mental Disease"
4    shall be excluded from all calculations under this
5    subsection. The data from these facilities shall not be
6    used in the computations described in paragraphs (1)
7    through (4) above to establish the base rate.
8    (e) Beginning July 1, 2014, the Department shall allocate
9funding in the amount up to $10,000,000 for per diem add-ons to
10the RUGS methodology for dates of service on and after July 1,
112014:
12        (1) $0.63 for each resident who scores in I4200
13    Alzheimer's Disease or I4800 non-Alzheimer's Dementia.
14        (2) $2.67 for each resident who scores either a "1" or
15    "2" in any items S1200A through S1200I and also scores in
16    RUG groups PA1, PA2, BA1, or BA2.
17    (e-1) (Blank).
18    (e-2) For dates of services beginning January 1, 2014 and
19ending September 30, 2023, the RUG-IV nursing component per
20diem for a nursing home shall be the product of the statewide
21RUG-IV nursing base per diem rate, the facility average case
22mix index, and the regional wage adjustor. For dates of
23service beginning July 1, 2022 and ending September 30, 2023,
24the Medicaid access adjustment described in subsection (e-3)
25shall be added to the product.
26    (e-3) A Medicaid Access Adjustment of $4 adjusted for the

 

 

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1facility average PDPM case mix index calculated quarterly
2shall be added to the statewide PDPM nursing per diem for all
3facilities with annual Medicaid bed days of at least 70% of all
4occupied bed days adjusted quarterly. For each new calendar
5year and for the 6-month period beginning July 1, 2022, the
6percentage of a facility's occupied bed days comprised of
7Medicaid bed days shall be determined by the Department
8quarterly. For dates of service beginning January 1, 2023, the
9Medicaid Access Adjustment shall be increased to $4.75. This
10subsection shall be inoperative on and after January 1, 2028.
11    (e-4) Subject to federal approval, on and after January 1,
122024, the Department shall increase the rate add-on at
13paragraph (7) subsection (a) under 89 Ill. Adm. Code 147.335
14for ventilator services from $208 per day to $481 per day.
15Payment is subject to the criteria and requirements under 89
16Ill. Adm. Code 147.335.
17    (f) (Blank).
18    (g) Notwithstanding any other provision of this Code, on
19and after July 1, 2012, for facilities not designated by the
20Department of Healthcare and Family Services as "Institutions
21for Mental Disease", rates effective May 1, 2011 shall be
22adjusted as follows:
23        (1) (Blank);
24        (2) (Blank);
25        (3) Facility rates for the capital and support
26    components shall be reduced by 1.7%.

 

 

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1    (h) Notwithstanding any other provision of this Code, on
2and after July 1, 2012, nursing facilities designated by the
3Department of Healthcare and Family Services as "Institutions
4for Mental Disease" and "Institutions for Mental Disease" that
5are facilities licensed under the Specialized Mental Health
6Rehabilitation Act of 2013 shall have the nursing,
7socio-developmental, capital, and support components of their
8reimbursement rate effective May 1, 2011 reduced in total by
92.7%.
10    (i) On and after July 1, 2014, the reimbursement rates for
11the support component of the nursing facility rate for
12facilities licensed under the Nursing Home Care Act as skilled
13or intermediate care facilities shall be the rate in effect on
14June 30, 2014 increased by 8.17%.
15    (i-1) Subject to federal approval, on and after January 1,
162024, the reimbursement rates for the support component of the
17nursing facility rate for facilities licensed under the
18Nursing Home Care Act as skilled or intermediate care
19facilities shall be the rate in effect on June 30, 2023
20increased by 12%.
21    (j) Notwithstanding any other provision of law, subject to
22federal approval, effective July 1, 2019, sufficient funds
23shall be allocated for changes to rates for facilities
24licensed under the Nursing Home Care Act as skilled nursing
25facilities or intermediate care facilities for dates of
26services on and after July 1, 2019: (i) to establish, through

 

 

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1June 30, 2022 a per diem add-on to the direct care per diem
2rate not to exceed $70,000,000 annually in the aggregate
3taking into account federal matching funds for the purpose of
4addressing the facility's unique staffing needs, adjusted
5quarterly and distributed by a weighted formula based on
6Medicaid bed days on the last day of the second quarter
7preceding the quarter for which the rate is being adjusted.
8Beginning July 1, 2022, the annual $70,000,000 described in
9the preceding sentence shall be dedicated to the variable per
10diem add-on for staffing under paragraph (6) of subsection
11(d); and (ii) in an amount not to exceed $170,000,000 annually
12in the aggregate taking into account federal matching funds to
13permit the support component of the nursing facility rate to
14be updated as follows:
15        (1) 80%, or $136,000,000, of the funds shall be used
16    to update each facility's rate in effect on June 30, 2019
17    using the most recent cost reports on file, which have had
18    a limited review conducted by the Department of Healthcare
19    and Family Services and will not hold up enacting the rate
20    increase, with the Department of Healthcare and Family
21    Services.
22        (2) After completing the calculation in paragraph (1),
23    any facility whose rate is less than the rate in effect on
24    June 30, 2019 shall have its rate restored to the rate in
25    effect on June 30, 2019 from the 20% of the funds set
26    aside.

 

 

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1        (3) The remainder of the 20%, or $34,000,000, shall be
2    used to increase each facility's rate by an equal
3    percentage.
4    (k) During the first quarter of State Fiscal Year 2020,
5the Department of Healthcare of Family Services must convene a
6technical advisory group consisting of members of all trade
7associations representing Illinois skilled nursing providers
8to discuss changes necessary with federal implementation of
9Medicare's Patient-Driven Payment Model. Implementation of
10Medicare's Patient-Driven Payment Model shall, by September 1,
112020, end the collection of the MDS data that is necessary to
12maintain the current RUG-IV Medicaid payment methodology. The
13technical advisory group must consider a revised reimbursement
14methodology that takes into account transparency,
15accountability, actual staffing as reported under the
16federally required Payroll Based Journal system, changes to
17the minimum wage, adequacy in coverage of the cost of care, and
18a quality component that rewards quality improvements.
19    (l) The Department shall establish per diem add-on
20payments to improve the quality of care delivered by
21facilities, including:
22        (1) Incentive payments determined by facility
23    performance on specified quality measures in an initial
24    amount of $70,000,000. Nothing in this subsection shall be
25    construed to limit the quality of care payments in the
26    aggregate statewide to $70,000,000, and, if quality of

 

 

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1    care has improved across nursing facilities, the
2    Department shall adjust those add-on payments accordingly.
3    The quality payment methodology described in this
4    subsection must be used for at least State Fiscal Year
5    2023. Beginning with the quarter starting July 1, 2023,
6    the Department may add, remove, or change quality metrics
7    and make associated changes to the quality payment
8    methodology as outlined in subparagraph (E). Facilities
9    designated by the Centers for Medicare and Medicaid
10    Services as a special focus facility or a hospital-based
11    nursing home do not qualify for quality payments.
12            (A) Each quality pool must be distributed by
13        assigning a quality weighted score for each nursing
14        home which is calculated by multiplying the nursing
15        home's quality base period Medicaid days by the
16        nursing home's star rating weight in that period.
17            (B) Star rating weights are assigned based on the
18        nursing home's star rating for the LTS quality star
19        rating. As used in this subparagraph, "LTS quality
20        star rating" means the long-term stay quality rating
21        for each nursing facility, as assigned by the Centers
22        for Medicare and Medicaid Services under the Five-Star
23        Quality Rating System. The rating is a number ranging
24        from 0 (lowest) to 5 (highest).
25                (i) Zero-star or one-star rating has a weight
26            of 0.

 

 

HB4844 Engrossed- 1401 -LRB103 39009 AMC 69146 b

1                (ii) Two-star rating has a weight of 0.75.
2                (iii) Three-star rating has a weight of 1.5.
3                (iv) Four-star rating has a weight of 2.5.
4                (v) Five-star rating has a weight of 3.5.
5            (C) Each nursing home's quality weight score is
6        divided by the sum of all quality weight scores for
7        qualifying nursing homes to determine the proportion
8        of the quality pool to be paid to the nursing home.
9            (D) The quality pool is no less than $70,000,000
10        annually or $17,500,000 per quarter. The Department
11        shall publish on its website the estimated payments
12        and the associated weights for each facility 45 days
13        prior to when the initial payments for the quarter are
14        to be paid. The Department shall assign each facility
15        the most recent and applicable quarter's STAR value
16        unless the facility notifies the Department within 15
17        days of an issue and the facility provides reasonable
18        evidence demonstrating its timely compliance with
19        federal data submission requirements for the quarter
20        of record. If such evidence cannot be provided to the
21        Department, the STAR rating assigned to the facility
22        shall be reduced by one from the prior quarter.
23            (E) The Department shall review quality metrics
24        used for payment of the quality pool and make
25        recommendations for any associated changes to the
26        methodology for distributing quality pool payments in

 

 

HB4844 Engrossed- 1402 -LRB103 39009 AMC 69146 b

1        consultation with associations representing long-term
2        care providers, consumer advocates, organizations
3        representing workers of long-term care facilities, and
4        payors. The Department may establish, by rule, changes
5        to the methodology for distributing quality pool
6        payments.
7            (F) The Department shall disburse quality pool
8        payments from the Long-Term Care Provider Fund on a
9        monthly basis in amounts proportional to the total
10        quality pool payment determined for the quarter.
11            (G) The Department shall publish any changes in
12        the methodology for distributing quality pool payments
13        prior to the beginning of the measurement period or
14        quality base period for any metric added to the
15        distribution's methodology.
16        (2) Payments based on CNA tenure, promotion, and CNA
17    training for the purpose of increasing CNA compensation.
18    It is the intent of this subsection that payments made in
19    accordance with this paragraph be directly incorporated
20    into increased compensation for CNAs. As used in this
21    paragraph, "CNA" means a certified nursing assistant as
22    that term is described in Section 3-206 of the Nursing
23    Home Care Act, Section 3-206 of the ID/DD Community Care
24    Act, and Section 3-206 of the MC/DD Act. The Department
25    shall establish, by rule, payments to nursing facilities
26    equal to Medicaid's share of the tenure wage increments

 

 

HB4844 Engrossed- 1403 -LRB103 39009 AMC 69146 b

1    specified in this paragraph for all reported CNA employee
2    hours compensated according to a posted schedule
3    consisting of increments at least as large as those
4    specified in this paragraph. The increments are as
5    follows: an additional $1.50 per hour for CNAs with at
6    least one and less than 2 years' experience plus another
7    $1 per hour for each additional year of experience up to a
8    maximum of $6.50 for CNAs with at least 6 years of
9    experience. For purposes of this paragraph, Medicaid's
10    share shall be the ratio determined by paid Medicaid bed
11    days divided by total bed days for the applicable time
12    period used in the calculation. In addition, and additive
13    to any tenure increments paid as specified in this
14    paragraph, the Department shall establish, by rule,
15    payments supporting Medicaid's share of the
16    promotion-based wage increments for CNA employee hours
17    compensated for that promotion with at least a $1.50
18    hourly increase. Medicaid's share shall be established as
19    it is for the tenure increments described in this
20    paragraph. Qualifying promotions shall be defined by the
21    Department in rules for an expected 10-15% subset of CNAs
22    assigned intermediate, specialized, or added roles such as
23    CNA trainers, CNA scheduling "captains", and CNA
24    specialists for resident conditions like dementia or
25    memory care or behavioral health.
26    (m) The Department shall work with nursing facility

 

 

HB4844 Engrossed- 1404 -LRB103 39009 AMC 69146 b

1industry representatives to design policies and procedures to
2permit facilities to address the integrity of data from
3federal reporting sites used by the Department in setting
4facility rates.
5(Source: P.A. 102-77, eff. 7-9-21; 102-558, eff. 8-20-21;
6102-1035, eff. 5-31-22; 102-1118, eff. 1-18-23; 103-102,
7Article 40, Section 40-5, eff. 1-1-24; 103-102, Article 50,
8Section 50-5, eff. 1-1-24; revised 12-15-23.)
 
9    (305 ILCS 5/5-16.8)
10    Sec. 5-16.8. Required health benefits. The medical
11assistance program shall (i) provide the post-mastectomy care
12benefits required to be covered by a policy of accident and
13health insurance under Section 356t and the coverage required
14under Sections 356g.5, 356q, 356u, 356w, 356x, 356z.6,
15356z.26, 356z.29, 356z.32, 356z.33, 356z.34, 356z.35, 356z.46,
16356z.47, 356z.51, 356z.53, 356z.56, 356z.59, 356z.60, and
17356z.61, 356z.64, and 356z.67 of the Illinois Insurance Code,
18(ii) be subject to the provisions of Sections 356z.19,
19356z.44, 356z.49, 364.01, 370c, and 370c.1 of the Illinois
20Insurance Code, and (iii) be subject to the provisions of
21subsection (d-5) of Section 10 of the Network Adequacy and
22Transparency Act.
23    The Department, by rule, shall adopt a model similar to
24the requirements of Section 356z.39 of the Illinois Insurance
25Code.

 

 

HB4844 Engrossed- 1405 -LRB103 39009 AMC 69146 b

1    On and after July 1, 2012, the Department shall reduce any
2rate of reimbursement for services or other payments or alter
3any methodologies authorized by this Code to reduce any rate
4of reimbursement for services or other payments in accordance
5with Section 5-5e.
6    To ensure full access to the benefits set forth in this
7Section, on and after January 1, 2016, the Department shall
8ensure that provider and hospital reimbursement for
9post-mastectomy care benefits required under this Section are
10no lower than the Medicare reimbursement rate.
11(Source: P.A. 102-30, eff. 1-1-22; 102-144, eff. 1-1-22;
12102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-530, eff.
131-1-22; 102-642, eff. 1-1-22; 102-804, eff. 1-1-23; 102-813,
14eff. 5-13-22; 102-816, eff. 1-1-23; 102-1093, eff. 1-1-23;
15102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, eff.
161-1-24; 103-420, eff. 1-1-24; revised 12-15-23.)
 
17    (305 ILCS 5/5-47)
18    Sec. 5-47. Medicaid reimbursement rates; substance use
19disorder treatment providers and facilities.
20    (a) Beginning on January 1, 2024, subject to federal
21approval, the Department of Healthcare and Family Services, in
22conjunction with the Department of Human Services' Division of
23Substance Use Prevention and Recovery, shall provide a 30%
24increase in reimbursement rates for all Medicaid-covered ASAM
25Level 3 residential/inpatient substance use disorder treatment

 

 

HB4844 Engrossed- 1406 -LRB103 39009 AMC 69146 b

1services.
2    No existing or future reimbursement rates or add-ons shall
3be reduced or changed to address this proposed rate increase.
4No later than 3 months after June 16, 2023 (the effective date
5of Public Act 103-102) this amendatory Act of the 103rd
6General Assembly, the Department of Healthcare and Family
7Services shall submit any necessary application to the federal
8Centers for Medicare and Medicaid Services to implement the
9requirements of this Section.
10    (b) Parity in community-based behavioral health rates;
11implementation plan for cost reporting. For the purpose of
12understanding behavioral health services cost structures and
13their impact on the Medical Assistance Program, the Department
14of Healthcare and Family Services shall engage stakeholders to
15develop a plan for the regular collection of cost reporting
16for all entity-based substance use disorder providers. Data
17shall be used to inform on the effectiveness and efficiency of
18Illinois Medicaid rates. The Department and stakeholders shall
19develop a plan by April 1, 2024. The Department shall engage
20stakeholders on implementation of the plan. The plan, at
21minimum, shall consider all of the following:
22        (1) Alignment with certified community behavioral
23    health clinic requirements, standards, policies, and
24    procedures.
25        (2) Inclusion of prospective costs to measure what is
26    needed to increase services and capacity.

 

 

HB4844 Engrossed- 1407 -LRB103 39009 AMC 69146 b

1        (3) Consideration of differences in collection and
2    policies based on the size of providers.
3        (4) Consideration of additional administrative time
4    and costs.
5        (5) Goals, purposes, and usage of data collected from
6    cost reports.
7        (6) Inclusion of qualitative data in addition to
8    quantitative data.
9        (7) Technical assistance for providers for completing
10    cost reports including initial training by the Department
11    for providers.
12        (8) Implementation of a timeline which allows an
13    initial grace period for providers to adjust internal
14    procedures and data collection.
15    Details from collected cost reports shall be made publicly
16available on the Department's website and costs shall be used
17to ensure the effectiveness and efficiency of Illinois
18Medicaid rates.
19    (c) Reporting; access to substance use disorder treatment
20services and recovery supports. By no later than April 1,
212024, the Department of Healthcare and Family Services, with
22input from the Department of Human Services' Division of
23Substance Use Prevention and Recovery, shall submit a report
24to the General Assembly regarding access to treatment services
25and recovery supports for persons diagnosed with a substance
26use disorder. The report shall include, but is not limited to,

 

 

HB4844 Engrossed- 1408 -LRB103 39009 AMC 69146 b

1the following information:
2        (1) The number of providers enrolled in the Illinois
3    Medical Assistance Program certified to provide substance
4    use disorder treatment services, aggregated by ASAM level
5    of care, and recovery supports.
6        (2) The number of Medicaid customers in Illinois with
7    a diagnosed substance use disorder receiving substance use
8    disorder treatment, aggregated by provider type and ASAM
9    level of care.
10        (3) A comparison of Illinois' substance use disorder
11    licensure and certification requirements with those of
12    comparable state Medicaid programs.
13        (4) Recommendations for and an analysis of the impact
14    of aligning reimbursement rates for outpatient substance
15    use disorder treatment services with reimbursement rates
16    for community-based mental health treatment services.
17        (5) Recommendations for expanding substance use
18    disorder treatment to other qualified provider entities
19    and licensed professionals of the healing arts. The
20    recommendations shall include an analysis of the
21    opportunities to maximize the flexibilities permitted by
22    the federal Centers for Medicare and Medicaid Services for
23    expanding access to the number and types of qualified
24    substance use disorder providers.
25(Source: P.A. 103-102, eff. 6-16-23; revised 9-26-23.)
 

 

 

HB4844 Engrossed- 1409 -LRB103 39009 AMC 69146 b

1    (305 ILCS 5/5-50)
2    Sec. 5-50 5-47. Coverage for mental health and substance
3use disorder telehealth services.
4    (a) As used in this Section:
5    "Behavioral health care professional" has the meaning
6given to "health care professional" in Section 5 of the
7Telehealth Act, but only with respect to professionals
8licensed or certified by the Division of Mental Health or
9Division of Substance Use Prevention and Recovery of the
10Department of Human Services engaged in the delivery of mental
11health or substance use disorder treatment or services.
12    "Behavioral health facility" means a community mental
13health center, a behavioral health clinic, a substance use
14disorder treatment program, or a facility or provider licensed
15or certified by the Division of Mental Health or Division of
16Substance Use Prevention and Recovery of the Department of
17Human Services.
18    "Behavioral telehealth services" has the meaning given to
19the term "telehealth services" in Section 5 of the Telehealth
20Act, but limited solely to mental health and substance use
21disorder treatment or services to a patient, regardless of
22patient location.
23    "Distant site" has the meaning given to that term in
24Section 5 of the Telehealth Act.
25    "Originating site" has the meaning given to that term in
26Section 5 of the Telehealth Act.

 

 

HB4844 Engrossed- 1410 -LRB103 39009 AMC 69146 b

1    (b) The Department and any managed care plans under
2contract with the Department for the medical assistance
3program shall provide for coverage of mental health and
4substance use disorder treatment or services delivered as
5behavioral telehealth services as specified in this Section.
6The Department and any managed care plans under contract with
7the Department for the medical assistance program may also
8provide reimbursement to a behavioral health facility that
9serves as the originating site at the time a behavioral
10telehealth service is rendered.
11    (c) To ensure behavioral telehealth services are equitably
12provided, coverage required under this Section shall comply
13with all of the following:
14        (1) The Department and any managed care plans under
15    contract with the Department for the medical assistance
16    program shall not:
17            (A) require that in-person contact occur between a
18        behavioral health care professional and a patient
19        before the provision of a behavioral telehealth
20        service;
21            (B) require patients, behavioral health care
22        professionals, or behavioral health facilities to
23        prove or document a hardship or access barrier to an
24        in-person consultation for coverage and reimbursement
25        of behavioral telehealth services;
26            (C) require the use of behavioral telehealth

 

 

HB4844 Engrossed- 1411 -LRB103 39009 AMC 69146 b

1        services when the behavioral health care professional
2        has determined that it is not appropriate;
3            (D) require the use of behavioral telehealth
4        services when a patient chooses an in-person
5        consultation;
6            (E) require a behavioral health care professional
7        to be physically present in the same room as the
8        patient at the originating site, unless deemed
9        medically necessary by the behavioral health care
10        professional providing the behavioral telehealth
11        service;
12            (F) create geographic or facility restrictions or
13        requirements for behavioral telehealth services;
14            (G) require behavioral health care professionals
15        or behavioral health facilities to offer or provide
16        behavioral telehealth services;
17            (H) require patients to use behavioral telehealth
18        services or require patients to use a separate panel
19        of behavioral health care professionals or behavioral
20        health facilities to receive behavioral telehealth
21        services; or
22            (I) impose upon behavioral telehealth services
23        utilization review requirements that are unnecessary,
24        duplicative, or unwarranted or impose any treatment
25        limitations, prior authorization, documentation, or
26        recordkeeping requirements that are more stringent

 

 

HB4844 Engrossed- 1412 -LRB103 39009 AMC 69146 b

1        than the requirements applicable to the same
2        behavioral health care service when rendered
3        in-person, except that procedure code modifiers may be
4        required to document behavioral telehealth.
5        (2) Any cost sharing applicable to services provided
6    through behavioral telehealth shall not exceed the cost
7    sharing required by the medical assistance program for the
8    same services provided through in-person consultation.
9        (3) The Department and any managed care plans under
10    contract with the Department for the medical assistance
11    program shall notify behavioral health care professionals
12    and behavioral health facilities of any instructions
13    necessary to facilitate billing for behavioral telehealth
14    services.
15    (d) For purposes of reimbursement, the Department and any
16managed care plans under contract with the Department for the
17medical assistance program shall reimburse a behavioral health
18care professional or behavioral health facility for behavioral
19telehealth services on the same basis, in the same manner, and
20at the same reimbursement rate that would apply to the
21services if the services had been delivered via an in-person
22encounter by a behavioral health care professional or
23behavioral health facility. This subsection applies only to
24those services provided by behavioral telehealth that may
25otherwise be billed as an in-person service.
26    (e) Behavioral health care professionals and behavioral

 

 

HB4844 Engrossed- 1413 -LRB103 39009 AMC 69146 b

1health facilities shall determine the appropriateness of
2specific sites, technology platforms, and technology vendors
3for a behavioral telehealth service, as long as delivered
4services adhere to all federal and State privacy, security,
5and confidentiality laws, rules, or regulations, including,
6but not limited to, the Health Insurance Portability and
7Accountability Act of 1996, 42 CFR Part 2, and the Mental
8Health and Developmental Disabilities Confidentiality Act.
9    (f) Nothing in this Section shall be deemed as precluding
10the Department and any managed care plans under contract with
11the Department for the medical assistance program from
12providing benefits for other telehealth services.
13    (g) There shall be no restrictions on originating site
14requirements for behavioral telehealth coverage or
15reimbursement to the distant site under this Section other
16than requiring the behavioral telehealth services to be
17medically necessary and clinically appropriate.
18    (h) Nothing in this Section shall be deemed as precluding
19the Department and any managed care plans under contract with
20the Department for the medical assistance program from
21establishing limits on the use of telehealth for a particular
22behavioral health service when the limits are consistent with
23generally accepted standards of mental, emotional, nervous, or
24substance use disorder or condition care.
25    (i) The Department may adopt rules to implement the
26provisions of this Section.

 

 

HB4844 Engrossed- 1414 -LRB103 39009 AMC 69146 b

1(Source: P.A. 103-243, eff. 1-1-24; revised 1-2-24.)
 
2    (305 ILCS 5/5-51)
3    Sec. 5-51 5-47. Proton beam therapy; managed care.
4Notwithstanding any other provision of this Article, a managed
5care organization under contract with the Department to
6provide services to recipients of medical assistance shall
7provide coverage for proton beam therapy.
8    As used in this Section: ,
9    "Proton "proton beam therapy" means a type of radiation
10therapy treatment that utilizes protons as the radiation
11delivery method for the treatment of tumors and cancerous
12cells.
13    "Radiation therapy treatment" means the delivery of
14biological effective doses with proton therapy, intensity
15modulated radiation therapy, brachytherapy, stereotactic body
16radiation therapy, three-dimensional conformal radiation
17therapy, or other forms of therapy using radiation.
18(Source: P.A. 103-325, eff. 1-1-24; revised 1-2-24.)
 
19    (305 ILCS 5/5A-12.7)
20    (Section scheduled to be repealed on December 31, 2026)
21    Sec. 5A-12.7. Continuation of hospital access payments on
22and after July 1, 2020.
23    (a) To preserve and improve access to hospital services,
24for hospital services rendered on and after July 1, 2020, the

 

 

HB4844 Engrossed- 1415 -LRB103 39009 AMC 69146 b

1Department shall, except for hospitals described in subsection
2(b) of Section 5A-3, make payments to hospitals or require
3capitated managed care organizations to make payments as set
4forth in this Section. Payments under this Section are not due
5and payable, however, until: (i) the methodologies described
6in this Section are approved by the federal government in an
7appropriate State Plan amendment or directed payment preprint;
8and (ii) the assessment imposed under this Article is
9determined to be a permissible tax under Title XIX of the
10Social Security Act. In determining the hospital access
11payments authorized under subsection (g) of this Section, if a
12hospital ceases to qualify for payments from the pool, the
13payments for all hospitals continuing to qualify for payments
14from such pool shall be uniformly adjusted to fully expend the
15aggregate net amount of the pool, with such adjustment being
16effective on the first day of the second month following the
17date the hospital ceases to receive payments from such pool.
18    (b) Amounts moved into claims-based rates and distributed
19in accordance with Section 14-12 shall remain in those
20claims-based rates.
21    (c) Graduate medical education.
22        (1) The calculation of graduate medical education
23    payments shall be based on the hospital's Medicare cost
24    report ending in Calendar Year 2018, as reported in the
25    Healthcare Cost Report Information System file, release
26    date September 30, 2019. An Illinois hospital reporting

 

 

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1    intern and resident cost on its Medicare cost report shall
2    be eligible for graduate medical education payments.
3        (2) Each hospital's annualized Medicaid Intern
4    Resident Cost is calculated using annualized intern and
5    resident total costs obtained from Worksheet B Part I,
6    Columns 21 and 22 the sum of Lines 30-43, 50-76, 90-93,
7    96-98, and 105-112 multiplied by the percentage that the
8    hospital's Medicaid days (Worksheet S3 Part I, Column 7,
9    Lines 2, 3, 4, 14, 16-18, and 32) comprise of the
10    hospital's total days (Worksheet S3 Part I, Column 8,
11    Lines 14, 16-18, and 32).
12        (3) An annualized Medicaid indirect medical education
13    (IME) payment is calculated for each hospital using its
14    IME payments (Worksheet E Part A, Line 29, Column 1)
15    multiplied by the percentage that its Medicaid days
16    (Worksheet S3 Part I, Column 7, Lines 2, 3, 4, 14, 16-18,
17    and 32) comprise of its Medicare days (Worksheet S3 Part
18    I, Column 6, Lines 2, 3, 4, 14, and 16-18).
19        (4) For each hospital, its annualized Medicaid Intern
20    Resident Cost and its annualized Medicaid IME payment are
21    summed, and, except as capped at 120% of the average cost
22    per intern and resident for all qualifying hospitals as
23    calculated under this paragraph, is multiplied by the
24    applicable reimbursement factor as described in this
25    paragraph, to determine the hospital's final graduate
26    medical education payment. Each hospital's average cost

 

 

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1    per intern and resident shall be calculated by summing its
2    total annualized Medicaid Intern Resident Cost plus its
3    annualized Medicaid IME payment and dividing that amount
4    by the hospital's total Full Time Equivalent Residents and
5    Interns. If the hospital's average per intern and resident
6    cost is greater than 120% of the same calculation for all
7    qualifying hospitals, the hospital's per intern and
8    resident cost shall be capped at 120% of the average cost
9    for all qualifying hospitals.
10            (A) For the period of July 1, 2020 through
11        December 31, 2022, the applicable reimbursement factor
12        shall be 22.6%.
13            (B) For the period of January 1, 2023 through
14        December 31, 2026, the applicable reimbursement factor
15        shall be 35% for all qualified safety-net hospitals,
16        as defined in Section 5-5e.1 of this Code, and all
17        hospitals with 100 or more Full Time Equivalent
18        Residents and Interns, as reported on the hospital's
19        Medicare cost report ending in Calendar Year 2018, and
20        for all other qualified hospitals the applicable
21        reimbursement factor shall be 30%.
22    (d) Fee-for-service supplemental payments. For the period
23of July 1, 2020 through December 31, 2022, each Illinois
24hospital shall receive an annual payment equal to the amounts
25below, to be paid in 12 equal installments on or before the
26seventh State business day of each month, except that no

 

 

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1payment shall be due within 30 days after the later of the date
2of notification of federal approval of the payment
3methodologies required under this Section or any waiver
4required under 42 CFR 433.68, at which time the sum of amounts
5required under this Section prior to the date of notification
6is due and payable.
7        (1) For critical access hospitals, $385 per covered
8    inpatient day contained in paid fee-for-service claims and
9    $530 per paid fee-for-service outpatient claim for dates
10    of service in Calendar Year 2019 in the Department's
11    Enterprise Data Warehouse as of May 11, 2020.
12        (2) For safety-net hospitals, $960 per covered
13    inpatient day contained in paid fee-for-service claims and
14    $625 per paid fee-for-service outpatient claim for dates
15    of service in Calendar Year 2019 in the Department's
16    Enterprise Data Warehouse as of May 11, 2020.
17        (3) For long term acute care hospitals, $295 per
18    covered inpatient day contained in paid fee-for-service
19    claims for dates of service in Calendar Year 2019 in the
20    Department's Enterprise Data Warehouse as of May 11, 2020.
21        (4) For freestanding psychiatric hospitals, $125 per
22    covered inpatient day contained in paid fee-for-service
23    claims and $130 per paid fee-for-service outpatient claim
24    for dates of service in Calendar Year 2019 in the
25    Department's Enterprise Data Warehouse as of May 11, 2020.
26        (5) For freestanding rehabilitation hospitals, $355

 

 

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1    per covered inpatient day contained in paid
2    fee-for-service claims for dates of service in Calendar
3    Year 2019 in the Department's Enterprise Data Warehouse as
4    of May 11, 2020.
5        (6) For all general acute care hospitals and high
6    Medicaid hospitals as defined in subsection (f), $350 per
7    covered inpatient day for dates of service in Calendar
8    Year 2019 contained in paid fee-for-service claims and
9    $620 per paid fee-for-service outpatient claim in the
10    Department's Enterprise Data Warehouse as of May 11, 2020.
11        (7) Alzheimer's treatment access payment. Each
12    Illinois academic medical center or teaching hospital, as
13    defined in Section 5-5e.2 of this Code, that is identified
14    as the primary hospital affiliate of one of the Regional
15    Alzheimer's Disease Assistance Centers, as designated by
16    the Alzheimer's Disease Assistance Act and identified in
17    the Department of Public Health's Alzheimer's Disease
18    State Plan dated December 2016, shall be paid an
19    Alzheimer's treatment access payment equal to the product
20    of the qualifying hospital's State Fiscal Year 2018 total
21    inpatient fee-for-service days multiplied by the
22    applicable Alzheimer's treatment rate of $226.30 for
23    hospitals located in Cook County and $116.21 for hospitals
24    located outside Cook County.
25    (d-2) Fee-for-service supplemental payments. Beginning
26January 1, 2023, each Illinois hospital shall receive an

 

 

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1annual payment equal to the amounts listed below, to be paid in
212 equal installments on or before the seventh State business
3day of each month, except that no payment shall be due within
430 days after the later of the date of notification of federal
5approval of the payment methodologies required under this
6Section or any waiver required under 42 CFR 433.68, at which
7time the sum of amounts required under this Section prior to
8the date of notification is due and payable. The Department
9may adjust the rates in paragraphs (1) through (7) to comply
10with the federal upper payment limits, with such adjustments
11being determined so that the total estimated spending by
12hospital class, under such adjusted rates, remains
13substantially similar to the total estimated spending under
14the original rates set forth in this subsection.
15        (1) For critical access hospitals, as defined in
16    subsection (f), $750 per covered inpatient day contained
17    in paid fee-for-service claims and $750 per paid
18    fee-for-service outpatient claim for dates of service in
19    Calendar Year 2019 in the Department's Enterprise Data
20    Warehouse as of August 6, 2021.
21        (2) For safety-net hospitals, as described in
22    subsection (f), $1,350 per inpatient day contained in paid
23    fee-for-service claims and $1,350 per paid fee-for-service
24    outpatient claim for dates of service in Calendar Year
25    2019 in the Department's Enterprise Data Warehouse as of
26    August 6, 2021.

 

 

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1        (3) For long term acute care hospitals, $550 per
2    covered inpatient day contained in paid fee-for-service
3    claims for dates of service in Calendar Year 2019 in the
4    Department's Enterprise Data Warehouse as of August 6,
5    2021.
6        (4) For freestanding psychiatric hospitals, $200 per
7    covered inpatient day contained in paid fee-for-service
8    claims and $200 per paid fee-for-service outpatient claim
9    for dates of service in Calendar Year 2019 in the
10    Department's Enterprise Data Warehouse as of August 6,
11    2021.
12        (5) For freestanding rehabilitation hospitals, $550
13    per covered inpatient day contained in paid
14    fee-for-service claims and $125 per paid fee-for-service
15    outpatient claim for dates of service in Calendar Year
16    2019 in the Department's Enterprise Data Warehouse as of
17    August 6, 2021.
18        (6) For all general acute care hospitals and high
19    Medicaid hospitals as defined in subsection (f), $500 per
20    covered inpatient day for dates of service in Calendar
21    Year 2019 contained in paid fee-for-service claims and
22    $500 per paid fee-for-service outpatient claim in the
23    Department's Enterprise Data Warehouse as of August 6,
24    2021.
25        (7) For public hospitals, as defined in subsection
26    (f), $275 per covered inpatient day contained in paid

 

 

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1    fee-for-service claims and $275 per paid fee-for-service
2    outpatient claim for dates of service in Calendar Year
3    2019 in the Department's Enterprise Data Warehouse as of
4    August 6, 2021.
5        (8) Alzheimer's treatment access payment. Each
6    Illinois academic medical center or teaching hospital, as
7    defined in Section 5-5e.2 of this Code, that is identified
8    as the primary hospital affiliate of one of the Regional
9    Alzheimer's Disease Assistance Centers, as designated by
10    the Alzheimer's Disease Assistance Act and identified in
11    the Department of Public Health's Alzheimer's Disease
12    State Plan dated December 2016, shall be paid an
13    Alzheimer's treatment access payment equal to the product
14    of the qualifying hospital's Calendar Year 2019 total
15    inpatient fee-for-service days, in the Department's
16    Enterprise Data Warehouse as of August 6, 2021, multiplied
17    by the applicable Alzheimer's treatment rate of $244.37
18    for hospitals located in Cook County and $312.03 for
19    hospitals located outside Cook County.
20    (e) The Department shall require managed care
21organizations (MCOs) to make directed payments and
22pass-through payments according to this Section. Each calendar
23year, the Department shall require MCOs to pay the maximum
24amount out of these funds as allowed as pass-through payments
25under federal regulations. The Department shall require MCOs
26to make such pass-through payments as specified in this

 

 

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1Section. The Department shall require the MCOs to pay the
2remaining amounts as directed Payments as specified in this
3Section. The Department shall issue payments to the
4Comptroller by the seventh business day of each month for all
5MCOs that are sufficient for MCOs to make the directed
6payments and pass-through payments according to this Section.
7The Department shall require the MCOs to make pass-through
8payments and directed payments using electronic funds
9transfers (EFT), if the hospital provides the information
10necessary to process such EFTs, in accordance with directions
11provided monthly by the Department, within 7 business days of
12the date the funds are paid to the MCOs, as indicated by the
13"Paid Date" on the website of the Office of the Comptroller if
14the funds are paid by EFT and the MCOs have received directed
15payment instructions. If funds are not paid through the
16Comptroller by EFT, payment must be made within 7 business
17days of the date actually received by the MCO. The MCO will be
18considered to have paid the pass-through payments when the
19payment remittance number is generated or the date the MCO
20sends the check to the hospital, if EFT information is not
21supplied. If an MCO is late in paying a pass-through payment or
22directed payment as required under this Section (including any
23extensions granted by the Department), it shall pay a penalty,
24unless waived by the Department for reasonable cause, to the
25Department equal to 5% of the amount of the pass-through
26payment or directed payment not paid on or before the due date

 

 

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1plus 5% of the portion thereof remaining unpaid on the last day
2of each 30-day period thereafter. Payments to MCOs that would
3be paid consistent with actuarial certification and enrollment
4in the absence of the increased capitation payments under this
5Section shall not be reduced as a consequence of payments made
6under this subsection. The Department shall publish and
7maintain on its website for a period of no less than 8 calendar
8quarters, the quarterly calculation of directed payments and
9pass-through payments owed to each hospital from each MCO. All
10calculations and reports shall be posted no later than the
11first day of the quarter for which the payments are to be
12issued.
13    (f)(1) For purposes of allocating the funds included in
14capitation payments to MCOs, Illinois hospitals shall be
15divided into the following classes as defined in
16administrative rules:
17        (A) Beginning July 1, 2020 through December 31, 2022,
18    critical access hospitals. Beginning January 1, 2023,
19    "critical access hospital" means a hospital designated by
20    the Department of Public Health as a critical access
21    hospital, excluding any hospital meeting the definition of
22    a public hospital in subparagraph (F).
23        (B) Safety-net hospitals, except that stand-alone
24    children's hospitals that are not specialty children's
25    hospitals will not be included. For the calendar year
26    beginning January 1, 2023, and each calendar year

 

 

HB4844 Engrossed- 1425 -LRB103 39009 AMC 69146 b

1    thereafter, assignment to the safety-net class shall be
2    based on the annual safety-net rate year beginning 15
3    months before the beginning of the first Payout Quarter of
4    the calendar year.
5        (C) Long term acute care hospitals.
6        (D) Freestanding psychiatric hospitals.
7        (E) Freestanding rehabilitation hospitals.
8        (F) Beginning January 1, 2023, "public hospital" means
9    a hospital that is owned or operated by an Illinois
10    Government body or municipality, excluding a hospital
11    provider that is a State agency, a State university, or a
12    county with a population of 3,000,000 or more.
13        (G) High Medicaid hospitals.
14            (i) As used in this Section, "high Medicaid
15        hospital" means a general acute care hospital that:
16                (I) For the payout periods July 1, 2020
17            through December 31, 2022, is not a safety-net
18            hospital or critical access hospital and that has
19            a Medicaid Inpatient Utilization Rate above 30% or
20            a hospital that had over 35,000 inpatient Medicaid
21            days during the applicable period. For the period
22            July 1, 2020 through December 31, 2020, the
23            applicable period for the Medicaid Inpatient
24            Utilization Rate (MIUR) is the rate year 2020 MIUR
25            and for the number of inpatient days it is State
26            fiscal year 2018. Beginning in calendar year 2021,

 

 

HB4844 Engrossed- 1426 -LRB103 39009 AMC 69146 b

1            the Department shall use the most recently
2            determined MIUR, as defined in subsection (h) of
3            Section 5-5.02, and for the inpatient day
4            threshold, the State fiscal year ending 18 months
5            prior to the beginning of the calendar year. For
6            purposes of calculating MIUR under this Section,
7            children's hospitals and affiliated general acute
8            care hospitals shall be considered a single
9            hospital.
10                (II) For the calendar year beginning January
11            1, 2023, and each calendar year thereafter, is not
12            a public hospital, safety-net hospital, or
13            critical access hospital and that qualifies as a
14            regional high volume hospital or is a hospital
15            that has a Medicaid Inpatient Utilization Rate
16            (MIUR) above 30%. As used in this item, "regional
17            high volume hospital" means a hospital which ranks
18            in the top 2 quartiles based on total hospital
19            services volume, of all eligible general acute
20            care hospitals, when ranked in descending order
21            based on total hospital services volume, within
22            the same Medicaid managed care region, as
23            designated by the Department, as of January 1,
24            2022. As used in this item, "total hospital
25            services volume" means the total of all Medical
26            Assistance hospital inpatient admissions plus all

 

 

HB4844 Engrossed- 1427 -LRB103 39009 AMC 69146 b

1            Medical Assistance hospital outpatient visits. For
2            purposes of determining regional high volume
3            hospital inpatient admissions and outpatient
4            visits, the Department shall use dates of service
5            provided during State Fiscal Year 2020 for the
6            Payout Quarter beginning January 1, 2023. The
7            Department shall use dates of service from the
8            State fiscal year ending 18 month before the
9            beginning of the first Payout Quarter of the
10            subsequent annual determination period.
11            (ii) For the calendar year beginning January 1,
12        2023, the Department shall use the Rate Year 2022
13        Medicaid inpatient utilization rate (MIUR), as defined
14        in subsection (h) of Section 5-5.02. For each
15        subsequent annual determination, the Department shall
16        use the MIUR applicable to the rate year ending
17        September 30 of the year preceding the beginning of
18        the calendar year.
19        (H) General acute care hospitals. As used under this
20    Section, "general acute care hospitals" means all other
21    Illinois hospitals not identified in subparagraphs (A)
22    through (G).
23    (2) Hospitals' qualification for each class shall be
24assessed prior to the beginning of each calendar year and the
25new class designation shall be effective January 1 of the next
26year. The Department shall publish by rule the process for

 

 

HB4844 Engrossed- 1428 -LRB103 39009 AMC 69146 b

1establishing class determination.
2    (3) Beginning January 1, 2024, the Department may reassign
3hospitals or entire hospital classes as defined above, if
4federal limits on the payments to the class to which the
5hospitals are assigned based on the criteria in this
6subsection prevent the Department from making payments to the
7class that would otherwise be due under this Section. The
8Department shall publish the criteria and composition of each
9new class based on the reassignments, and the projected impact
10on payments to each hospital under the new classes on its
11website by November 15 of the year before the year in which the
12class changes become effective.
13    (g) Fixed pool directed payments. Beginning July 1, 2020,
14the Department shall issue payments to MCOs which shall be
15used to issue directed payments to qualified Illinois
16safety-net hospitals and critical access hospitals on a
17monthly basis in accordance with this subsection. Prior to the
18beginning of each Payout Quarter beginning July 1, 2020, the
19Department shall use encounter claims data from the
20Determination Quarter, accepted by the Department's Medicaid
21Management Information System for inpatient and outpatient
22services rendered by safety-net hospitals and critical access
23hospitals to determine a quarterly uniform per unit add-on for
24each hospital class.
25        (1) Inpatient per unit add-on. A quarterly uniform per
26    diem add-on shall be derived by dividing the quarterly

 

 

HB4844 Engrossed- 1429 -LRB103 39009 AMC 69146 b

1    Inpatient Directed Payments Pool amount allocated to the
2    applicable hospital class by the total inpatient days
3    contained on all encounter claims received during the
4    Determination Quarter, for all hospitals in the class.
5            (A) Each hospital in the class shall have a
6        quarterly inpatient directed payment calculated that
7        is equal to the product of the number of inpatient days
8        attributable to the hospital used in the calculation
9        of the quarterly uniform class per diem add-on,
10        multiplied by the calculated applicable quarterly
11        uniform class per diem add-on of the hospital class.
12            (B) Each hospital shall be paid 1/3 of its
13        quarterly inpatient directed payment in each of the 3
14        months of the Payout Quarter, in accordance with
15        directions provided to each MCO by the Department.
16        (2) Outpatient per unit add-on. A quarterly uniform
17    per claim add-on shall be derived by dividing the
18    quarterly Outpatient Directed Payments Pool amount
19    allocated to the applicable hospital class by the total
20    outpatient encounter claims received during the
21    Determination Quarter, for all hospitals in the class.
22            (A) Each hospital in the class shall have a
23        quarterly outpatient directed payment calculated that
24        is equal to the product of the number of outpatient
25        encounter claims attributable to the hospital used in
26        the calculation of the quarterly uniform class per

 

 

HB4844 Engrossed- 1430 -LRB103 39009 AMC 69146 b

1        claim add-on, multiplied by the calculated applicable
2        quarterly uniform class per claim add-on of the
3        hospital class.
4            (B) Each hospital shall be paid 1/3 of its
5        quarterly outpatient directed payment in each of the 3
6        months of the Payout Quarter, in accordance with
7        directions provided to each MCO by the Department.
8        (3) Each MCO shall pay each hospital the Monthly
9    Directed Payment as identified by the Department on its
10    quarterly determination report.
11        (4) Definitions. As used in this subsection:
12            (A) "Payout Quarter" means each 3 month calendar
13        quarter, beginning July 1, 2020.
14            (B) "Determination Quarter" means each 3 month
15        calendar quarter, which ends 3 months prior to the
16        first day of each Payout Quarter.
17        (5) For the period July 1, 2020 through December 2020,
18    the following amounts shall be allocated to the following
19    hospital class directed payment pools for the quarterly
20    development of a uniform per unit add-on:
21            (A) $2,894,500 for hospital inpatient services for
22        critical access hospitals.
23            (B) $4,294,374 for hospital outpatient services
24        for critical access hospitals.
25            (C) $29,109,330 for hospital inpatient services
26        for safety-net hospitals.

 

 

HB4844 Engrossed- 1431 -LRB103 39009 AMC 69146 b

1            (D) $35,041,218 for hospital outpatient services
2        for safety-net hospitals.
3        (6) For the period January 1, 2023 through December
4    31, 2023, the Department shall establish the amounts that
5    shall be allocated to the hospital class directed payment
6    fixed pools identified in this paragraph for the quarterly
7    development of a uniform per unit add-on. The Department
8    shall establish such amounts so that the total amount of
9    payments to each hospital under this Section in calendar
10    year 2023 is projected to be substantially similar to the
11    total amount of such payments received by the hospital
12    under this Section in calendar year 2021, adjusted for
13    increased funding provided for fixed pool directed
14    payments under subsection (g) in calendar year 2022,
15    assuming that the volume and acuity of claims are held
16    constant. The Department shall publish the directed
17    payment fixed pool amounts to be established under this
18    paragraph on its website by November 15, 2022.
19            (A) Hospital inpatient services for critical
20        access hospitals.
21            (B) Hospital outpatient services for critical
22        access hospitals.
23            (C) Hospital inpatient services for public
24        hospitals.
25            (D) Hospital outpatient services for public
26        hospitals.

 

 

HB4844 Engrossed- 1432 -LRB103 39009 AMC 69146 b

1            (E) Hospital inpatient services for safety-net
2        hospitals.
3            (F) Hospital outpatient services for safety-net
4        hospitals.
5        (7) Semi-annual rate maintenance review. The
6    Department shall ensure that hospitals assigned to the
7    fixed pools in paragraph (6) are paid no less than 95% of
8    the annual initial rate for each 6-month period of each
9    annual payout period. For each calendar year, the
10    Department shall calculate the annual initial rate per day
11    and per visit for each fixed pool hospital class listed in
12    paragraph (6), by dividing the total of all applicable
13    inpatient or outpatient directed payments issued in the
14    preceding calendar year to the hospitals in each fixed
15    pool class for the calendar year, plus any increase
16    resulting from the annual adjustments described in
17    subsection (i), by the actual applicable total service
18    units for the preceding calendar year which were the basis
19    of the total applicable inpatient or outpatient directed
20    payments issued to the hospitals in each fixed pool class
21    in the calendar year, except that for calendar year 2023,
22    the service units from calendar year 2021 shall be used.
23            (A) The Department shall calculate the effective
24        rate, per day and per visit, for the payout periods of
25        January to June and July to December of each year, for
26        each fixed pool listed in paragraph (6), by dividing

 

 

HB4844 Engrossed- 1433 -LRB103 39009 AMC 69146 b

1        50% of the annual pool by the total applicable
2        reported service units for the 2 applicable
3        determination quarters.
4            (B) If the effective rate calculated in
5        subparagraph (A) is less than 95% of the annual
6        initial rate assigned to the class for each pool under
7        paragraph (6), the Department shall adjust the payment
8        for each hospital to a level equal to no less than 95%
9        of the annual initial rate, by issuing a retroactive
10        adjustment payment for the 6-month period under review
11        as identified in subparagraph (A).
12    (h) Fixed rate directed payments. Effective July 1, 2020,
13the Department shall issue payments to MCOs which shall be
14used to issue directed payments to Illinois hospitals not
15identified in paragraph (g) on a monthly basis. Prior to the
16beginning of each Payout Quarter beginning July 1, 2020, the
17Department shall use encounter claims data from the
18Determination Quarter, accepted by the Department's Medicaid
19Management Information System for inpatient and outpatient
20services rendered by hospitals in each hospital class
21identified in paragraph (f) and not identified in paragraph
22(g). For the period July 1, 2020 through December 2020, the
23Department shall direct MCOs to make payments as follows:
24        (1) For general acute care hospitals an amount equal
25    to $1,750 multiplied by the hospital's category of service
26    20 case mix index for the determination quarter multiplied

 

 

HB4844 Engrossed- 1434 -LRB103 39009 AMC 69146 b

1    by the hospital's total number of inpatient admissions for
2    category of service 20 for the determination quarter.
3        (2) For general acute care hospitals an amount equal
4    to $160 multiplied by the hospital's category of service
5    21 case mix index for the determination quarter multiplied
6    by the hospital's total number of inpatient admissions for
7    category of service 21 for the determination quarter.
8        (3) For general acute care hospitals an amount equal
9    to $80 multiplied by the hospital's category of service 22
10    case mix index for the determination quarter multiplied by
11    the hospital's total number of inpatient admissions for
12    category of service 22 for the determination quarter.
13        (4) For general acute care hospitals an amount equal
14    to $375 multiplied by the hospital's category of service
15    24 case mix index for the determination quarter multiplied
16    by the hospital's total number of category of service 24
17    paid EAPG (EAPGs) for the determination quarter.
18        (5) For general acute care hospitals an amount equal
19    to $240 multiplied by the hospital's category of service
20    27 and 28 case mix index for the determination quarter
21    multiplied by the hospital's total number of category of
22    service 27 and 28 paid EAPGs for the determination
23    quarter.
24        (6) For general acute care hospitals an amount equal
25    to $290 multiplied by the hospital's category of service
26    29 case mix index for the determination quarter multiplied

 

 

HB4844 Engrossed- 1435 -LRB103 39009 AMC 69146 b

1    by the hospital's total number of category of service 29
2    paid EAPGs for the determination quarter.
3        (7) For high Medicaid hospitals an amount equal to
4    $1,800 multiplied by the hospital's category of service 20
5    case mix index for the determination quarter multiplied by
6    the hospital's total number of inpatient admissions for
7    category of service 20 for the determination quarter.
8        (8) For high Medicaid hospitals an amount equal to
9    $160 multiplied by the hospital's category of service 21
10    case mix index for the determination quarter multiplied by
11    the hospital's total number of inpatient admissions for
12    category of service 21 for the determination quarter.
13        (9) For high Medicaid hospitals an amount equal to $80
14    multiplied by the hospital's category of service 22 case
15    mix index for the determination quarter multiplied by the
16    hospital's total number of inpatient admissions for
17    category of service 22 for the determination quarter.
18        (10) For high Medicaid hospitals an amount equal to
19    $400 multiplied by the hospital's category of service 24
20    case mix index for the determination quarter multiplied by
21    the hospital's total number of category of service 24 paid
22    EAPG outpatient claims for the determination quarter.
23        (11) For high Medicaid hospitals an amount equal to
24    $240 multiplied by the hospital's category of service 27
25    and 28 case mix index for the determination quarter
26    multiplied by the hospital's total number of category of

 

 

HB4844 Engrossed- 1436 -LRB103 39009 AMC 69146 b

1    service 27 and 28 paid EAPGs for the determination
2    quarter.
3        (12) For high Medicaid hospitals an amount equal to
4    $290 multiplied by the hospital's category of service 29
5    case mix index for the determination quarter multiplied by
6    the hospital's total number of category of service 29 paid
7    EAPGs for the determination quarter.
8        (13) For long term acute care hospitals the amount of
9    $495 multiplied by the hospital's total number of
10    inpatient days for the determination quarter.
11        (14) For psychiatric hospitals the amount of $210
12    multiplied by the hospital's total number of inpatient
13    days for category of service 21 for the determination
14    quarter.
15        (15) For psychiatric hospitals the amount of $250
16    multiplied by the hospital's total number of outpatient
17    claims for category of service 27 and 28 for the
18    determination quarter.
19        (16) For rehabilitation hospitals the amount of $410
20    multiplied by the hospital's total number of inpatient
21    days for category of service 22 for the determination
22    quarter.
23        (17) For rehabilitation hospitals the amount of $100
24    multiplied by the hospital's total number of outpatient
25    claims for category of service 29 for the determination
26    quarter.

 

 

HB4844 Engrossed- 1437 -LRB103 39009 AMC 69146 b

1        (18) Effective for the Payout Quarter beginning
2    January 1, 2023, for the directed payments to hospitals
3    required under this subsection, the Department shall
4    establish the amounts that shall be used to calculate such
5    directed payments using the methodologies specified in
6    this paragraph. The Department shall use a single, uniform
7    rate, adjusted for acuity as specified in paragraphs (1)
8    through (12), for all categories of inpatient services
9    provided by each class of hospitals and a single uniform
10    rate, adjusted for acuity as specified in paragraphs (1)
11    through (12), for all categories of outpatient services
12    provided by each class of hospitals. The Department shall
13    establish such amounts so that the total amount of
14    payments to each hospital under this Section in calendar
15    year 2023 is projected to be substantially similar to the
16    total amount of such payments received by the hospital
17    under this Section in calendar year 2021, adjusted for
18    increased funding provided for fixed pool directed
19    payments under subsection (g) in calendar year 2022,
20    assuming that the volume and acuity of claims are held
21    constant. The Department shall publish the directed
22    payment amounts to be established under this subsection on
23    its website by November 15, 2022.
24        (19) Each hospital shall be paid 1/3 of their
25    quarterly inpatient and outpatient directed payment in
26    each of the 3 months of the Payout Quarter, in accordance

 

 

HB4844 Engrossed- 1438 -LRB103 39009 AMC 69146 b

1    with directions provided to each MCO by the Department.
2        (20) Each MCO shall pay each hospital the Monthly
3    Directed Payment amount as identified by the Department on
4    its quarterly determination report.
5    Notwithstanding any other provision of this subsection, if
6the Department determines that the actual total hospital
7utilization data that is used to calculate the fixed rate
8directed payments is substantially different than anticipated
9when the rates in this subsection were initially determined
10for unforeseeable circumstances (such as the COVID-19 pandemic
11or some other public health emergency), the Department may
12adjust the rates specified in this subsection so that the
13total directed payments approximate the total spending amount
14anticipated when the rates were initially established.
15    Definitions. As used in this subsection:
16            (A) "Payout Quarter" means each calendar quarter,
17        beginning July 1, 2020.
18            (B) "Determination Quarter" means each calendar
19        quarter which ends 3 months prior to the first day of
20        each Payout Quarter.
21            (C) "Case mix index" means a hospital specific
22        calculation. For inpatient claims the case mix index
23        is calculated each quarter by summing the relative
24        weight of all inpatient Diagnosis-Related Group (DRG)
25        claims for a category of service in the applicable
26        Determination Quarter and dividing the sum by the

 

 

HB4844 Engrossed- 1439 -LRB103 39009 AMC 69146 b

1        number of sum total of all inpatient DRG admissions
2        for the category of service for the associated claims.
3        The case mix index for outpatient claims is calculated
4        each quarter by summing the relative weight of all
5        paid EAPGs in the applicable Determination Quarter and
6        dividing the sum by the sum total of paid EAPGs for the
7        associated claims.
8    (i) Beginning January 1, 2021, the rates for directed
9payments shall be recalculated in order to spend the
10additional funds for directed payments that result from
11reduction in the amount of pass-through payments allowed under
12federal regulations. The additional funds for directed
13payments shall be allocated proportionally to each class of
14hospitals based on that class' proportion of services.
15        (1) Beginning January 1, 2024, the fixed pool directed
16    payment amounts and the associated annual initial rates
17    referenced in paragraph (6) of subsection (f) for each
18    hospital class shall be uniformly increased by a ratio of
19    not less than, the ratio of the total pass-through
20    reduction amount pursuant to paragraph (4) of subsection
21    (j), for the hospitals comprising the hospital fixed pool
22    directed payment class for the next calendar year, to the
23    total inpatient and outpatient directed payments for the
24    hospitals comprising the hospital fixed pool directed
25    payment class paid during the preceding calendar year.
26        (2) Beginning January 1, 2024, the fixed rates for the

 

 

HB4844 Engrossed- 1440 -LRB103 39009 AMC 69146 b

1    directed payments referenced in paragraph (18) of
2    subsection (h) for each hospital class shall be uniformly
3    increased by a ratio of not less than, the ratio of the
4    total pass-through reduction amount pursuant to paragraph
5    (4) of subsection (j), for the hospitals comprising the
6    hospital directed payment class for the next calendar
7    year, to the total inpatient and outpatient directed
8    payments for the hospitals comprising the hospital fixed
9    rate directed payment class paid during the preceding
10    calendar year.
11    (j) Pass-through payments.
12        (1) For the period July 1, 2020 through December 31,
13    2020, the Department shall assign quarterly pass-through
14    payments to each class of hospitals equal to one-fourth of
15    the following annual allocations:
16            (A) $390,487,095 to safety-net hospitals.
17            (B) $62,553,886 to critical access hospitals.
18            (C) $345,021,438 to high Medicaid hospitals.
19            (D) $551,429,071 to general acute care hospitals.
20            (E) $27,283,870 to long term acute care hospitals.
21            (F) $40,825,444 to freestanding psychiatric
22        hospitals.
23            (G) $9,652,108 to freestanding rehabilitation
24        hospitals.
25        (2) For the period of July 1, 2020 through December
26    31, 2020, the pass-through payments shall at a minimum

 

 

HB4844 Engrossed- 1441 -LRB103 39009 AMC 69146 b

1    ensure hospitals receive a total amount of monthly
2    payments under this Section as received in calendar year
3    2019 in accordance with this Article and paragraph (1) of
4    subsection (d-5) of Section 14-12, exclusive of amounts
5    received through payments referenced in subsection (b).
6        (3) For the calendar year beginning January 1, 2023,
7    the Department shall establish the annual pass-through
8    allocation to each class of hospitals and the pass-through
9    payments to each hospital so that the total amount of
10    payments to each hospital under this Section in calendar
11    year 2023 is projected to be substantially similar to the
12    total amount of such payments received by the hospital
13    under this Section in calendar year 2021, adjusted for
14    increased funding provided for fixed pool directed
15    payments under subsection (g) in calendar year 2022,
16    assuming that the volume and acuity of claims are held
17    constant. The Department shall publish the pass-through
18    allocation to each class and the pass-through payments to
19    each hospital to be established under this subsection on
20    its website by November 15, 2022.
21        (4) For the calendar years beginning January 1, 2021
22    and January 1, 2022, each hospital's pass-through payment
23    amount shall be reduced proportionally to the reduction of
24    all pass-through payments required by federal regulations.
25    Beginning January 1, 2024, the Department shall reduce
26    total pass-through payments by the minimum amount

 

 

HB4844 Engrossed- 1442 -LRB103 39009 AMC 69146 b

1    necessary to comply with federal regulations. Pass-through
2    payments to safety-net hospitals, as defined in Section
3    5-5e.1 of this Code, shall not be reduced until all
4    pass-through payments to other hospitals have been
5    eliminated. All other hospitals shall have their
6    pass-through payments reduced proportionally.
7    (k) At least 30 days prior to each calendar year, the
8Department shall notify each hospital of changes to the
9payment methodologies in this Section, including, but not
10limited to, changes in the fixed rate directed payment rates,
11the aggregate pass-through payment amount for all hospitals,
12and the hospital's pass-through payment amount for the
13upcoming calendar year.
14    (l) Notwithstanding any other provisions of this Section,
15the Department may adopt rules to change the methodology for
16directed and pass-through payments as set forth in this
17Section, but only to the extent necessary to obtain federal
18approval of a necessary State Plan amendment or Directed
19Payment Preprint or to otherwise conform to federal law or
20federal regulation.
21    (m) As used in this subsection, "managed care
22organization" or "MCO" means an entity which contracts with
23the Department to provide services where payment for medical
24services is made on a capitated basis, excluding contracted
25entities for dual eligible or Department of Children and
26Family Services youth populations.

 

 

HB4844 Engrossed- 1443 -LRB103 39009 AMC 69146 b

1    (n) In order to address the escalating infant mortality
2rates among minority communities in Illinois, the State shall,
3subject to appropriation, create a pool of funding of at least
4$50,000,000 annually to be disbursed among safety-net
5hospitals that maintain perinatal designation from the
6Department of Public Health. The funding shall be used to
7preserve or enhance OB/GYN services or other specialty
8services at the receiving hospital, with the distribution of
9funding to be established by rule and with consideration to
10perinatal hospitals with safe birthing levels and quality
11metrics for healthy mothers and babies.
12    (o) In order to address the growing challenges of
13providing stable access to healthcare in rural Illinois,
14including perinatal services, behavioral healthcare including
15substance use disorder services (SUDs) and other specialty
16services, and to expand access to telehealth services among
17rural communities in Illinois, the Department of Healthcare
18and Family Services shall administer a program to provide at
19least $10,000,000 in financial support annually to critical
20access hospitals for delivery of perinatal and OB/GYN
21services, behavioral healthcare including SUDS, other
22specialty services and telehealth services. The funding shall
23be used to preserve or enhance perinatal and OB/GYN services,
24behavioral healthcare including SUDS, other specialty
25services, as well as the explanation of telehealth services by
26the receiving hospital, with the distribution of funding to be

 

 

HB4844 Engrossed- 1444 -LRB103 39009 AMC 69146 b

1established by rule.
2    (p) For calendar year 2023, the final amounts, rates, and
3payments under subsections (c), (d-2), (g), (h), and (j) shall
4be established by the Department, so that the sum of the total
5estimated annual payments under subsections (c), (d-2), (g),
6(h), and (j) for each hospital class for calendar year 2023, is
7no less than:
8        (1) $858,260,000 to safety-net hospitals.
9        (2) $86,200,000 to critical access hospitals.
10        (3) $1,765,000,000 to high Medicaid hospitals.
11        (4) $673,860,000 to general acute care hospitals.
12        (5) $48,330,000 to long term acute care hospitals.
13        (6) $89,110,000 to freestanding psychiatric hospitals.
14        (7) $24,300,000 to freestanding rehabilitation
15    hospitals.
16        (8) $32,570,000 to public hospitals.
17    (q) Hospital Pandemic Recovery Stabilization Payments. The
18Department shall disburse a pool of $460,000,000 in stability
19payments to hospitals prior to April 1, 2023. The allocation
20of the pool shall be based on the hospital directed payment
21classes and directed payments issued, during Calendar Year
222022 with added consideration to safety net hospitals, as
23defined in subdivision (f)(1)(B) of this Section, and critical
24access hospitals.
25(Source: P.A. 102-4, eff. 4-27-21; 102-16, eff. 6-17-21;
26102-886, eff. 5-17-22; 102-1115, eff. 1-9-23; 103-102, eff.

 

 

HB4844 Engrossed- 1445 -LRB103 39009 AMC 69146 b

16-16-23; revised 9-21-23.)
 
2    (305 ILCS 5/6-9)  (from Ch. 23, par. 6-9)
3    Sec. 6-9. (a)(1) A local governmental unit may provide
4assistance to households under its General Assistance program
5following a declaration by the President of the United States
6of a major disaster or emergency pursuant to the Federal
7Disaster Relief Act of 1974, as now or hereafter amended, if
8the local governmental unit is within the area designated
9under the declaration. A local governmental government unit
10may also provide assistance to households under its General
11Assistance program following a disaster proclamation issued by
12the Governor if the local governmental unit is within the area
13designated under the proclamation. Assistance under this
14Section may be provided to households which have suffered
15damage, loss, or hardships as a result of the major disaster or
16emergency. Assistance under this Section may be provided to
17households without regard to the eligibility requirements and
18other requirements of this Code. Assistance under this Section
19may be provided only during the 90-day period following the
20date of declaration of a major disaster or emergency.
21    (2) A local governmental unit shall not use State funds to
22provide assistance under this Section. If a local governmental
23unit receives State funds to provide General Assistance under
24this Article, assistance provided by the local governmental
25unit under this Section shall not be considered in determining

 

 

HB4844 Engrossed- 1446 -LRB103 39009 AMC 69146 b

1whether a local governmental unit has qualified to receive
2State funds under Article XII. A local governmental unit which
3provides assistance under this Section shall not, as a result
4of payment of such assistance, change the nature or amount of
5assistance provided to any other individual or family under
6this Article.
7    (3) This Section shall not apply to any municipality of
8more than 500,000 population in which a separate program has
9been established by the Illinois Department under Section 6-1.
10    (b)(1) A local governmental unit may provide assistance to
11households for food and temporary shelter. To qualify for
12assistance a household shall submit to the local governmental
13unit: (A) such application as the local governmental unit may
14require; (B) a copy of an application to the Federal Emergency
15Management Agency (hereinafter "FEMA") or the Small Business
16Administration (hereinafter "SBA") for assistance; (C) such
17other proof of damage, loss, or hardship as the local
18governmental unit may require; and (D) an agreement to
19reimburse the local governmental unit for the amount of any
20assistance received by the household under this subsection
21(b).
22    (2) Assistance under this subsection (b) may be in the
23form of cash or vouchers. The amount of assistance provided to
24a household in any month under this subsection (b) shall not
25exceed the maximum amount payable under Section 6-2.
26    (3) No assistance shall be provided to a household after

 

 

HB4844 Engrossed- 1447 -LRB103 39009 AMC 69146 b

1it receives a determination of its application to FEMA or SBA
2for assistance.
3    (4) A household which has received assistance under this
4subsection (b) shall reimburse the local governmental unit in
5full for any assistance received under this subsection. If the
6household receives assistance from FEMA or SBA in the form of
7loans or grants, the household shall reimburse the local
8governmental unit from those funds. If the household's request
9for assistance is denied or rejected by the FEMA or SBA, the
10household shall repay the local governmental unit in
11accordance with a repayment schedule prescribed by the local
12governmental unit.
13    (c)(1) A local governmental unit may provide assistance to
14households for structural repairs to homes or for repair or
15replacement of home electrical or heating systems, bedding,
16and food refrigeration equipment. To qualify for assistance a
17household shall submit to the local governmental unit: (A)
18such application as the local governmental unit may require;
19(B) a copy of claim to an insurance company for reimbursement
20for the damage or loss for which assistance is sought; (C) such
21other proof of damage, loss, or hardship as the local
22governmental unit may require; and (D) an agreement to
23reimburse the local governmental unit for the amount of any
24assistance received by the household under this subsection
25(c).
26    (2) Any assistance provided under this subsection (c)

 

 

HB4844 Engrossed- 1448 -LRB103 39009 AMC 69146 b

1shall be in the form of direct payments to vendors, and shall
2not be made directly to a household. The total amount of
3assistance provided to a household under this subsection (c)
4shall not exceed $1,500.
5    (3) No assistance shall be provided to a household after
6it receives a determination of its insurance claims.
7    (4) A household which has received assistance under this
8subsection (c) shall reimburse the local governmental unit in
9full for any assistance received under this subsection. If the
10household's insurance claim is approved, the household shall
11reimburse the local governmental unit from the proceeds. If
12the household's insurance claim is denied, the household shall
13repay the local governmental unit in accordance with a
14repayment schedule prescribed by the local governmental unit.
15(Source: P.A. 103-192, eff. 1-1-24; revised 1-2-24.)
 
16    (305 ILCS 5/6-12)  (from Ch. 23, par. 6-12)
17    Sec. 6-12. General Assistance not funded by State. General
18Assistance programs in local governments that do not receive
19State funds shall continue to be governed by Sections 6-1
20through 6-10, as applicable, as well as other relevant parts
21of this Code and other laws. However, notwithstanding any
22other provision of this Code, any unit of local government
23that does not receive State funds may implement a General
24Assistance program that complies with Sections Section 6-11
25and 6-11a. So long as the program complies with either Section

 

 

HB4844 Engrossed- 1449 -LRB103 39009 AMC 69146 b

16-11 or 6-12, the program shall not be deemed out of compliance
2with or in violation of this Code.
3(Source: P.A. 103-192, eff. 1-1-24; revised 1-2-24.)
 
4    (305 ILCS 5/12-4.57)
5    Sec. 12-4.57. Prospective Payment System rates; increase
6for federally qualified health centers. Beginning January 1,
72024, subject to federal approval, the Department of
8Healthcare and Family Services shall increase the Prospective
9Payment System rates for federally qualified health centers to
10a level calculated to spend an additional $50,000,000 in the
11first year of application using an alternative payment method
12acceptable to the Centers for Medicare and Medicaid Services
13and a trade association representing a majority of federally
14qualified health centers operating in Illinois, including a
15rate increase that is an equal percentage increase to the
16rates paid to each federally qualified health center.
17(Source: P.A. 103-102, eff. 1-1-24.)
 
18    (305 ILCS 5/12-4.58)
19    Sec. 12-4.58 12-4.57. Stolen SNAP benefits via card
20skimming; data collection and reports.
21    (a) As the State administrator of benefits provided under
22the federally funded Supplemental Nutrition Assistance Program
23(SNAP), the Department of Human Services shall track and
24collect data on the scope and frequency of SNAP benefits fraud

 

 

HB4844 Engrossed- 1450 -LRB103 39009 AMC 69146 b

1in this State where a SNAP recipient's benefits are stolen
2from the recipient's electronic benefits transfer card by
3means of card skimming, card cloning, or some other similar
4fraudulent method. The Department shall specifically keep a
5record of every report made to the Department by a SNAP
6recipient alleging the theft of benefits due to no fault of the
7recipient, the benefit amount stolen, and, if practicable, how
8those stolen benefits were used and the location of those
9thefts.
10    (b) The Department shall report its findings to the
11General Assembly on an annual basis beginning on January 1,
122024. The Department shall file an annual report no later than
13the 60th day of the following year following each reporting
14period. A SNAP recipient's personally identifiable information
15shall be excluded from the reports consistent with State and
16federal privacy protections. Each annual report shall also be
17posted on the Department's official website.
18    (c) If the Department determines that a SNAP recipient has
19made a substantiated report of stolen benefits due to card
20skimming, card cloning, or some other similar fraudulent
21method, the Department shall refer the matter to the State's
22Attorney who has jurisdiction over the alleged theft or fraud
23and shall provide any assistance to that State's Attorney in
24the prosecution of the alleged theft or fraud.
25(Source: P.A. 103-297, eff. 1-1-24; revised 1-2-24.)
 

 

 

HB4844 Engrossed- 1451 -LRB103 39009 AMC 69146 b

1    Section 450. The Abandoned Newborn Infant Protection Act
2is amended by changing Sections 10, 30, and 35 as follows:
 
3    (325 ILCS 2/10)
4    Sec. 10. Definitions. In this Act:
5    "Abandon" has the same meaning as in the Abused and
6Neglected Child Reporting Act.
7    "Abused child" has the same meaning as in the Abused and
8Neglected Child Reporting Act.
9    "Child welfare agency" means an Illinois licensed public
10or private agency that receives a child for the purpose of
11placing or arranging for the placement of the child in a foster
12or pre-adoptive family home or other facility for child care,
13apart from the custody of the child's parents.
14    "Department" or "DCFS" means the Illinois Department of
15Children and Family Services.
16    "Emergency medical facility" means a freestanding
17emergency center or trauma center, as defined in the Emergency
18Medical Services (EMS) Systems Act.
19    "Emergency medical professional" includes licensed
20physicians, and any emergency medical technician, emergency
21medical technician-intermediate, advanced emergency medical
22technician, paramedic, trauma nurse specialist, and
23pre-hospital registered nurse, as defined in the Emergency
24Medical Services (EMS) Systems Act.
25    "Fire station" means a fire station within the State with

 

 

HB4844 Engrossed- 1452 -LRB103 39009 AMC 69146 b

1at least one staff person.
2    "Hospital" has the same meaning as in the Hospital
3Licensing Act.
4    "Legal custody" means the relationship created by a court
5order in the best interest of a newborn infant that imposes on
6the infant's custodian the responsibility of physical
7possession of the infant, the duty to protect, train, and
8discipline the infant, and the duty to provide the infant with
9food, shelter, education, and medical care, except as these
10are limited by parental rights and responsibilities.
11    "Neglected child" has the same meaning as in the Abused
12and Neglected Child Reporting Act.
13    "Newborn infant" means a child who a licensed physician
14reasonably believes is 30 days old or less at the time the
15child is initially relinquished to a hospital, police station,
16fire station, or emergency medical facility, and who is not an
17abused or a neglected child.
18    "Parent" or "biological parent" or "birth parent" means a
19person who has established maternity or paternity of the
20newborn infant through genetic testing.
21    "Police station" means a municipal police station, a
22county sheriff's office, a campus police department located on
23any college or university owned or controlled by the State or
24any private college or private university that is not owned or
25controlled by the State when employees of the campus police
26department are present, or any of the district headquarters of

 

 

HB4844 Engrossed- 1453 -LRB103 39009 AMC 69146 b

1the Illinois State Police.
2    "Relinquish" means to bring a newborn infant, who a
3licensed physician reasonably believes is 30 days old or less,
4to a hospital, police station, fire station, or emergency
5medical facility and to leave the infant with personnel of the
6facility, if the person leaving the infant does not express an
7intent to return for the infant or states that the person will
8not return for the infant. In the case of a person who gives
9birth to an infant in a hospital, the person's act of leaving
10that newborn infant at the hospital (i) without expressing an
11intent to return for the infant or (ii) stating that the person
12will not return for the infant is not a "relinquishment" under
13this Act.
14    "Temporary protective custody" means the temporary
15placement of a newborn infant within a hospital or other
16medical facility out of the custody of the infant's parent.
17(Source: P.A. 103-22, eff. 8-8-23; 103-501, eff. 1-1-24;
18revised 9-14-23.)
 
19    (325 ILCS 2/30)
20    Sec. 30. Anonymity of relinquishing person. If there is
21no evidence of abuse or neglect of a relinquished newborn
22infant, the relinquishing person has the right to remain
23anonymous and to leave the hospital, police station, fire
24station, or emergency medical facility at any time and not be
25pursued or followed. Before the relinquishing person leaves

 

 

HB4844 Engrossed- 1454 -LRB103 39009 AMC 69146 b

1the hospital, police station, fire station, or emergency
2medical facility, the hospital, police station, fire station,
3or emergency medical facility personnel shall (i) verbally
4inform the relinquishing person that by relinquishing the
5child anonymously, the relinquishing person will have to
6petition the court if the relinquishing person desires to
7prevent the termination of parental rights and regain custody
8of the child and (ii) shall offer the relinquishing person the
9information packet described in Section 35 of this Act.
10However, nothing in this Act shall be construed as precluding
11the relinquishing person from providing the relinquishing
12person's identity or completing the application forms for the
13Illinois Adoption Registry and Medical Information Exchange
14and requesting that the hospital, police station, fire
15station, or emergency medical facility forward those forms to
16the Illinois Adoption Registry and Medical Information
17Exchange.
18(Source: P.A. 103-22, eff. 8-8-23; revised 9-25-23.)
 
19    (325 ILCS 2/35)
20    Sec. 35. Information for relinquishing person.
21    (a) The hospital, police station, fire station, or
22emergency medical facility that receives a newborn infant
23relinquished in accordance with this Act shall offer to the
24relinquishing person information about the relinquishment
25process and, either in writing or by referring such person to a

 

 

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1website or other electronic resource, such information shall
2state that the relinquishing person's acceptance of the
3information is completely voluntary. The information packet
4must include all of the following:
5        (1) (Blank).
6        (2) Written notice of the following:
7            (A) No sooner than 60 days following the date of
8        the initial relinquishment of the infant to a
9        hospital, police station, fire station, or emergency
10        medical facility, the child welfare agency or the
11        Department will commence proceedings for the
12        termination of parental rights and placement of the
13        infant for adoption.
14            (B) Failure of a parent of the infant to contact
15        the Department and petition for the return of custody
16        of the infant before termination of parental rights
17        bars any future action asserting legal rights with
18        respect to the infant.
19        (3) A resource list of providers of counseling
20    services including grief counseling, pregnancy counseling,
21    and counseling regarding adoption and other available
22    options for placement of the infant.
23    Upon request of a parent, the Department of Public Health
24shall provide the application forms for the Illinois Adoption
25Registry and Medical Information Exchange.
26    (b) The information offered to a relinquishing person in

 

 

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1accordance with this Act shall include, in addition to other
2information required under this Act, the following:
3        (1) Information that describes this Act and the rights
4    of birth parents, including an option for the parent to
5    complete and mail to the Department of Children and Family
6    Services a form that shall ask for basic anonymous
7    background information about the relinquished child. This
8    form shall be maintained by the Department on its website.
9        (2) Information about the Illinois Adoption Registry,
10    including a toll-free number and website information.
11        (3) Information about a mother's postpartum health.
12    The information provided in writing or through electronic
13means shall be designed in coordination between the Office of
14Vital Records and the Department of Children and Family
15Services. The Failure to provide such information under this
16Section or the failure of the relinquishing person to accept
17such information shall not invalidate the relinquishment under
18this Act.
19(Source: P.A. 103-22, eff. 8-8-23; 103-501, eff. 1-1-24;
20revised 9-15-23.)
 
21    Section 455. The Abused and Neglected Child Reporting Act
22is amended by changing Sections 4.5 and 7.4 as follows:
 
23    (325 ILCS 5/4.5)
24    Sec. 4.5. Electronic and information technology workers;

 

 

HB4844 Engrossed- 1457 -LRB103 39009 AMC 69146 b

1reporting child pornography.
2    (a) In this Section:
3    "Child pornography" means child pornography as described
4in Section 11-20.1 of the Criminal Code of 2012.
5    "Electronic and information technology equipment" means
6equipment used in the creation, manipulation, storage,
7display, or transmission of data, including internet and
8intranet systems, software applications, operating systems,
9video and multimedia, telecommunications products, kiosks,
10information transaction machines, copiers, printers, and
11desktop and portable computers.
12    "Electronic and information technology equipment worker"
13means a person who in the scope and course of the person's
14employment or business installs, repairs, or otherwise
15services electronic and information technology equipment for a
16fee but does not include (i) an employee, independent
17contractor, or other agent of a telecommunications carrier or
18telephone or telecommunications cooperative, as those terms
19are defined in the Public Utilities Act, or (ii) an employee,
20independent contractor, or other agent of a provider of
21commercial mobile radio service, as defined in 47 CFR C.F.R.
2220.3.
23    (b) If an electronic and information technology equipment
24worker discovers any depiction of child pornography while
25installing, repairing, or otherwise servicing an item of
26electronic and information technology equipment, that worker

 

 

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1or the worker's employer shall immediately report the
2discovery to the local law enforcement agency or to the Cyber
3Tipline at the National Center for Missing and Exploited
4Children.
5    (c) If a report is filed in accordance with the
6requirements of 42 U.S.C. 13032, the requirements of this
7Section 4.5 will be deemed to have been met.
8    (d) An electronic and information technology equipment
9worker or electronic and information technology equipment
10worker's employer who reports a discovery of child pornography
11as required under this Section is immune from any criminal,
12civil, or administrative liability in connection with making
13the report, except for willful or wanton misconduct.
14    (e) Failure to report a discovery of child pornography as
15required under this Section is a business offense subject to a
16fine of $1,001.
17(Source: P.A. 103-22, eff. 8-8-23; revised 9-25-23.)
 
18    (325 ILCS 5/7.4)
19    Sec. 7.4. (a) The Department shall be capable of receiving
20reports of suspected child abuse or neglect 24 hours a day, 7
21days a week. Whenever the Department receives a report
22alleging that a child is a truant as defined in Section 26-2a
23of the School Code, as now or hereafter amended, the
24Department shall notify the superintendent of the school
25district in which the child resides and the appropriate

 

 

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1superintendent of the educational service region. The
2notification to the appropriate officials by the Department
3shall not be considered an allegation of abuse or neglect
4under this Act.
5    (a-5) The Department of Children and Family Services may
6implement a "differential response program" in accordance with
7criteria, standards, and procedures prescribed by rule. The
8program may provide that, upon receiving a report, the
9Department shall determine whether to conduct a family
10assessment or an investigation as appropriate to prevent or
11provide a remedy for child abuse or neglect.
12    For purposes of this subsection (a-5), "family assessment"
13means a comprehensive assessment of child safety, risk of
14subsequent child maltreatment, and family strengths and needs
15that is applied to a child maltreatment report that does not
16allege substantial child endangerment. "Family assessment"
17does not include a determination as to whether child
18maltreatment occurred but does determine the need for services
19to address the safety of family members and the risk of
20subsequent maltreatment.
21    For purposes of this subsection (a-5), "investigation"
22means fact-gathering related to the current safety of a child
23and the risk of subsequent abuse or neglect that determines
24whether a report of suspected child abuse or neglect should be
25indicated or unfounded and whether child protective services
26are needed.

 

 

HB4844 Engrossed- 1460 -LRB103 39009 AMC 69146 b

1    Under the "differential response program" implemented
2under this subsection (a-5), the Department:
3        (1) Shall conduct an investigation on reports
4    involving substantial child abuse or neglect.
5        (2) Shall begin an immediate investigation if, at any
6    time when it is using a family assessment response, it
7    determines that there is reason to believe that
8    substantial child abuse or neglect or a serious threat to
9    the child's safety exists.
10        (3) May conduct a family assessment for reports that
11    do not allege substantial child endangerment. In
12    determining that a family assessment is appropriate, the
13    Department may consider issues, including, but not limited
14    to, child safety, parental cooperation, and the need for
15    an immediate response.
16        (4) Shall promulgate criteria, standards, and
17    procedures that shall be applied in making this
18    determination, taking into consideration the Safety-Based
19    Child Welfare Intervention System of the Department.
20        (5) May conduct a family assessment on a report that
21    was initially screened and assigned for an investigation.
22    In determining that a complete investigation is not
23required, the Department must document the reason for
24terminating the investigation and notify the local law
25enforcement agency or the Illinois State Police if the local
26law enforcement agency or Illinois State Police is conducting

 

 

HB4844 Engrossed- 1461 -LRB103 39009 AMC 69146 b

1a joint investigation.
2    Once it is determined that a "family assessment" will be
3implemented, the case shall not be reported to the central
4register of abuse and neglect reports.
5    During a family assessment, the Department shall collect
6any available and relevant information to determine child
7safety, risk of subsequent abuse or neglect, and family
8strengths.
9    Information collected includes, but is not limited to,
10when relevant: information with regard to the person reporting
11the alleged abuse or neglect, including the nature of the
12reporter's relationship to the child and to the alleged
13offender, and the basis of the reporter's knowledge for the
14report; the child allegedly being abused or neglected; the
15alleged offender; the child's caretaker; and other collateral
16sources having relevant information related to the alleged
17abuse or neglect. Information relevant to the assessment must
18be asked for, and may include:
19        (A) The child's sex and age, prior reports of abuse or
20    neglect, information relating to developmental
21    functioning, credibility of the child's statement, and
22    whether the information provided under this paragraph (A)
23    is consistent with other information collected during the
24    course of the assessment or investigation.
25        (B) The alleged offender's age, a record check for
26    prior reports of abuse or neglect, and criminal charges

 

 

HB4844 Engrossed- 1462 -LRB103 39009 AMC 69146 b

1    and convictions. The alleged offender may submit
2    supporting documentation relevant to the assessment.
3        (C) Collateral source information regarding the
4    alleged abuse or neglect and care of the child. Collateral
5    information includes, when relevant: (i) a medical
6    examination of the child; (ii) prior medical records
7    relating to the alleged maltreatment or care of the child
8    maintained by any facility, clinic, or health care
9    professional, and an interview with the treating
10    professionals; and (iii) interviews with the child's
11    caretakers, including the child's parent, guardian, foster
12    parent, child care provider, teachers, counselors, family
13    members, relatives, and other persons who may have
14    knowledge regarding the alleged maltreatment and the care
15    of the child.
16        (D) Information on the existence of domestic abuse and
17    violence in the home of the child, and substance abuse.
18    Nothing in this subsection (a-5) precludes the Department
19from collecting other relevant information necessary to
20conduct the assessment or investigation. Nothing in this
21subsection (a-5) shall be construed to allow the name or
22identity of a reporter to be disclosed in violation of the
23protections afforded under Section 7.19 of this Act.
24    After conducting the family assessment, the Department
25shall determine whether services are needed to address the
26safety of the child and other family members and the risk of

 

 

HB4844 Engrossed- 1463 -LRB103 39009 AMC 69146 b

1subsequent abuse or neglect.
2    Upon completion of the family assessment, if the
3Department concludes that no services shall be offered, then
4the case shall be closed. If the Department concludes that
5services shall be offered, the Department shall develop a
6family preservation plan and offer or refer services to the
7family.
8    At any time during a family assessment, if the Department
9believes there is any reason to stop the assessment and
10conduct an investigation based on the information discovered,
11the Department shall do so.
12    The procedures available to the Department in conducting
13investigations under this Act shall be followed as appropriate
14during a family assessment.
15    If the Department implements a differential response
16program authorized under this subsection (a-5), the Department
17shall arrange for an independent evaluation of the program for
18at least the first 3 years of implementation to determine
19whether it is meeting the goals in accordance with Section 2 of
20this Act.
21    The Department may adopt administrative rules necessary
22for the execution of this Section, in accordance with Section
234 of the Children and Family Services Act.
24    The Department shall submit a report to the General
25Assembly by January 15, 2018 on the implementation progress
26and recommendations for additional needed legislative changes.

 

 

HB4844 Engrossed- 1464 -LRB103 39009 AMC 69146 b

1    (b)(1) The following procedures shall be followed in the
2investigation of all reports of suspected abuse or neglect of
3a child, except as provided in subsection (c) of this Section.
4    (2) If, during a family assessment authorized by
5subsection (a-5) or an investigation, it appears that the
6immediate safety or well-being of a child is endangered, that
7the family may flee or the child disappear, or that the facts
8otherwise so warrant, the Child Protective Service Unit shall
9commence an investigation immediately, regardless of the time
10of day or night. All other investigations shall be commenced
11within 24 hours of receipt of the report. Upon receipt of a
12report, the Child Protective Service Unit shall conduct a
13family assessment authorized by subsection (a-5) or begin an
14initial investigation and make an initial determination
15whether the report is a good faith indication of alleged child
16abuse or neglect.
17    (3) Based on an initial investigation, if the Unit
18determines the report is a good faith indication of alleged
19child abuse or neglect, then a formal investigation shall
20commence and, pursuant to Section 7.12 of this Act, may or may
21not result in an indicated report. The formal investigation
22shall include: direct contact with the subject or subjects of
23the report as soon as possible after the report is received; an
24evaluation of the environment of the child named in the report
25and any other children in the same environment; a
26determination of the risk to such children if they continue to

 

 

HB4844 Engrossed- 1465 -LRB103 39009 AMC 69146 b

1remain in the existing environments, as well as a
2determination of the nature, extent and cause of any condition
3enumerated in such report; the name, age and condition of
4other children in the environment; and an evaluation as to
5whether there would be an immediate and urgent necessity to
6remove the child from the environment if appropriate family
7preservation services were provided. After seeing to the
8safety of the child or children, the Department shall
9forthwith notify the subjects of the report in writing, of the
10existence of the report and their rights existing under this
11Act in regard to amendment or expungement. To fulfill the
12requirements of this Section, the Child Protective Service
13Unit shall have the capability of providing or arranging for
14comprehensive emergency services to children and families at
15all times of the day or night.
16    (4) If (i) at the conclusion of the Unit's initial
17investigation of a report, the Unit determines the report to
18be a good faith indication of alleged child abuse or neglect
19that warrants a formal investigation by the Unit, the
20Department, any law enforcement agency or any other
21responsible agency and (ii) the person who is alleged to have
22caused the abuse or neglect is employed or otherwise engaged
23in an activity resulting in frequent contact with children and
24the alleged abuse or neglect are in the course of such
25employment or activity, then the Department shall, except in
26investigations where the Director determines that such

 

 

HB4844 Engrossed- 1466 -LRB103 39009 AMC 69146 b

1notification would be detrimental to the Department's
2investigation, inform the appropriate supervisor or
3administrator of that employment or activity that the Unit has
4commenced a formal investigation pursuant to this Act, which
5may or may not result in an indicated report. The Department
6shall also notify the person being investigated, unless the
7Director determines that such notification would be
8detrimental to the Department's investigation.
9    (c) In an investigation of a report of suspected abuse or
10neglect of a child by a school employee at a school or on
11school grounds, the Department shall make reasonable efforts
12to follow the following procedures:
13        (1) Investigations involving teachers shall not, to
14    the extent possible, be conducted when the teacher is
15    scheduled to conduct classes. Investigations involving
16    other school employees shall be conducted so as to
17    minimize disruption of the school day. The school employee
18    accused of child abuse or neglect may have the school
19    employee's superior, the school employee's association or
20    union representative, and the school employee's attorney
21    present at any interview or meeting at which the teacher
22    or administrator is present. The accused school employee
23    shall be informed by a representative of the Department,
24    at any interview or meeting, of the accused school
25    employee's due process rights and of the steps in the
26    investigation process. These due process rights shall also

 

 

HB4844 Engrossed- 1467 -LRB103 39009 AMC 69146 b

1    include the right of the school employee to present
2    countervailing evidence regarding the accusations. In an
3    investigation in which the alleged perpetrator of abuse or
4    neglect is a school employee, including, but not limited
5    to, a school teacher or administrator, and the
6    recommendation is to determine the report to be indicated,
7    in addition to other procedures as set forth and defined
8    in Department rules and procedures, the employee's due
9    process rights shall also include: (i) the right to a copy
10    of the investigation summary; (ii) the right to review the
11    specific allegations which gave rise to the investigation;
12    and (iii) the right to an administrator's teleconference
13    which shall be convened to provide the school employee
14    with the opportunity to present documentary evidence or
15    other information that supports the school employee's
16    position and to provide information before a final finding
17    is entered.
18        (2) If a report of neglect or abuse of a child by a
19    teacher or administrator does not involve allegations of
20    sexual abuse or extreme physical abuse, the Child
21    Protective Service Unit shall make reasonable efforts to
22    conduct the initial investigation in coordination with the
23    employee's supervisor.
24        If the Unit determines that the report is a good faith
25    indication of potential child abuse or neglect, it shall
26    then commence a formal investigation under paragraph (3)

 

 

HB4844 Engrossed- 1468 -LRB103 39009 AMC 69146 b

1    of subsection (b) of this Section.
2        (3) If a report of neglect or abuse of a child by a
3    teacher or administrator involves an allegation of sexual
4    abuse or extreme physical abuse, the Child Protective Unit
5    shall commence an investigation under paragraph (2) of
6    subsection (b) of this Section.
7    (c-5) In any instance in which a report is made or caused
8to made by a school district employee involving the conduct of
9a person employed by the school district, at the time the
10report was made, as required under Section 4 of this Act, the
11Child Protective Service Unit shall send a copy of its final
12finding report to the general superintendent of that school
13district.
14    (c-10) The Department may recommend that a school district
15remove a school employee who is the subject of an
16investigation from the school employee's employment position
17pending the outcome of the investigation; however, all
18employment decisions regarding school personnel shall be the
19sole responsibility of the school district or employer. The
20Department may not require a school district to remove a
21school employee from the school employee's employment position
22or limit the school employee's duties pending the outcome of
23an investigation.
24    (d) If the Department has contact with an employer, or
25with a religious institution or religious official having
26supervisory or hierarchical authority over a member of the

 

 

HB4844 Engrossed- 1469 -LRB103 39009 AMC 69146 b

1clergy accused of the abuse of a child, in the course of its
2investigation, the Department shall notify the employer or the
3religious institution or religious official, in writing, when
4a report is unfounded so that any record of the investigation
5can be expunged from the employee's or member of the clergy's
6personnel or other records. The Department shall also notify
7the employee or the member of the clergy, in writing, that
8notification has been sent to the employer or to the
9appropriate religious institution or religious official
10informing the employer or religious institution or religious
11official that the Department's investigation has resulted in
12an unfounded report.
13    (d-1) Whenever a report alleges that a child was abused or
14neglected while receiving care in a hospital, including a
15freestanding psychiatric hospital licensed by the Department
16of Public Health, the Department shall send a copy of its final
17finding to the Director of Public Health and the Director of
18Healthcare and Family Services.
19    (e) Upon request by the Department, the Illinois State
20Police and law enforcement agencies are authorized to provide
21criminal history record information as defined in the Illinois
22Uniform Conviction Information Act and information maintained
23in the adjudicatory and dispositional record system as defined
24in Section 2605-355 of the Illinois State Police Law to
25properly designated employees of the Department of Children
26and Family Services if the Department determines the

 

 

HB4844 Engrossed- 1470 -LRB103 39009 AMC 69146 b

1information is necessary to perform its duties under the
2Abused and Neglected Child Reporting Act, the Child Care Act
3of 1969, and the Children and Family Services Act. The request
4shall be in the form and manner required by the Illinois State
5Police. Any information obtained by the Department of Children
6and Family Services under this Section is confidential and may
7not be transmitted outside the Department of Children and
8Family Services other than to a court of competent
9jurisdiction or unless otherwise authorized by law. Any
10employee of the Department of Children and Family Services who
11transmits confidential information in violation of this
12Section or causes the information to be transmitted in
13violation of this Section is guilty of a Class A misdemeanor
14unless the transmittal of the information is authorized by
15this Section or otherwise authorized by law.
16    (f) For purposes of this Section, "child abuse or neglect"
17includes abuse or neglect of an adult resident as defined in
18this Act.
19(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23;
20103-460, eff. 1-1-24; revised 9-15-23.)
 
21    Section 460. The Intergovernmental Missing Child Recovery
22Act of 1984 is amended by changing Section 6 as follows:
 
23    (325 ILCS 40/6)  (from Ch. 23, par. 2256)
24    Sec. 6. The Illinois State Police shall:

 

 

HB4844 Engrossed- 1471 -LRB103 39009 AMC 69146 b

1        (a) Utilize the statewide Law Enforcement Agencies
2    Data System (LEADS) for the purpose of effecting an
3    immediate law enforcement response to reports of missing
4    children. The Illinois State Police shall implement an
5    automated data exchange system to compile, to maintain,
6    and to make available for dissemination to Illinois and
7    out-of-State law enforcement agencies, data which can
8    assist appropriate agencies in recovering missing
9    children.
10        (b) Establish contacts and exchange information
11    regarding lost, missing, or runaway children with
12    nationally recognized "missing person and runaway" service
13    organizations and monitor national research and publicize
14    important developments.
15        (c) Provide a uniform reporting format for the entry
16    of pertinent information regarding reports of missing
17    children into LEADS.
18        (d) Develop and implement a policy whereby a statewide
19    or regional alert would be used in situations relating to
20    the disappearances of children, based on criteria and in a
21    format established by the Illinois State Police. Such a
22    format shall include, but not be limited to, the age and
23    physical description of the missing child and the
24    suspected circumstances of the disappearance.
25        (e) Notify all law enforcement agencies that reports
26    of missing persons shall be entered as soon as the minimum

 

 

HB4844 Engrossed- 1472 -LRB103 39009 AMC 69146 b

1    level of data specified by the Illinois State Police is
2    available to the reporting agency and that no waiting
3    period for entry of such data exists.
4        (f) Provide a procedure for prompt confirmation of the
5    receipt and entry of the missing child report into LEADS
6    to the parent or guardian of the missing child.
7        (g) Compile and retain information regarding missing
8    children in a separate data file, in a manner that allows
9    such information to be used by law enforcement and other
10    agencies deemed appropriate by the Director, for
11    investigative purposes. Such files shall be updated to
12    reflect and include information relating to the
13    disposition of the case.
14        (h) Compile and maintain a an historic data repository
15    relating to missing children in order (1) to develop and
16    improve techniques utilized by law enforcement agencies
17    when responding to reports of missing children and (2) to
18    provide a factual and statistical base for research that
19    would address the problem of missing children.
20        (i) Create a quality control program to assess the
21    timeliness of entries of missing children reports into
22    LEADS and conduct performance audits of all entering
23    agencies.
24        (j) Prepare a periodic information bulletin concerning
25    missing children who it determines may be present in this
26    State, compiling such bulletin from information contained

 

 

HB4844 Engrossed- 1473 -LRB103 39009 AMC 69146 b

1    in both the National Crime Information Center computer and
2    from reports, alerts, and other information entered into
3    LEADS or otherwise compiled and retained by the Illinois
4    State Police pursuant to this Act. The bulletin shall
5    indicate the name, age, physical description, suspected
6    circumstances of disappearance if that information is
7    available, a photograph if one is available, the name of
8    the law enforcement agency investigating the case, and
9    such other information as the Director considers
10    appropriate concerning each missing child who the Illinois
11    State Police determines may be present in this State. The
12    Illinois State Police shall send a copy of each periodic
13    information bulletin to the State Board of Education for
14    its use in accordance with Section 2-3.48 of the School
15    Code. The Illinois State Police shall provide a copy of
16    the bulletin, upon request, to law enforcement agencies of
17    this or any other state or of the federal government, and
18    may provide a copy of the bulletin, upon request, to other
19    persons or entities, if deemed appropriate by the
20    Director, and may establish limitations on its use and a
21    reasonable fee for so providing the same, except that no
22    fee shall be charged for providing the periodic
23    information bulletin to the State Board of Education,
24    appropriate units of local government, State agencies, or
25    law enforcement agencies of this or any other state or of
26    the federal government.

 

 

HB4844 Engrossed- 1474 -LRB103 39009 AMC 69146 b

1        (k) Provide for the entry into LEADS of the names and
2    addresses of sex offenders as defined in the Sex Offender
3    Registration Act who are required to register under that
4    Act. The information shall be immediately accessible to
5    law enforcement agencies and peace officers of this State
6    or any other state or of the federal government. Similar
7    information may be requested from any other state or of
8    the federal government for purposes of this Act.
9        (l) Provide for the entry into LEADS of the names and
10    addresses of violent offenders against youth as defined in
11    the Murderer and Violent Offender Against Youth
12    Registration Act who are required to register under that
13    Act. The information shall be immediately accessible to
14    law enforcement agencies and peace officers of this State
15    or any other state or of the federal government. Similar
16    information may be requested from any other state or of
17    the federal government for purposes of this Act.
18(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24;
19revised 1-2-24.)
 
20    Section 465. The Smart Start Illinois Act is amended by
21changing Section 95-10 as follows:
 
22    (325 ILCS 85/95-10)
23    Sec. 95-10. Smart Start Child Care Workforce Compensation
24Program.

 

 

HB4844 Engrossed- 1475 -LRB103 39009 AMC 69146 b

1    (a) The Department of Human Services shall create and
2establish the Smart Start Child Care Workforce Compensation
3Program. The purpose of the Smart Start Child Care Workforce
4Compensation Program is to invest in early childhood education
5and care service providers, including, but not limited to,
6providers participating in the Child Care Assistance Program;
7to expand the supply of high-quality early childhood education
8and care; and to create a strong and stable early childhood
9education and care system with attractive wages, high-quality
10services, and affordable costs cost.
11    (b) The purpose of the Smart Start Child Care Workforce
12Compensation Program is to stabilize community-based early
13childhood education and care service providers, raise the
14wages of early childhood educators, and support quality
15enhancements that can position service providers to
16participate in other public funding streams, such as Preschool
17for All, in order to further enhance and expand quality
18service delivery.
19    (c) Subject to appropriation, the Department of Human
20Services shall implement the Smart Start Child Care Workforce
21Compensation Program for eligible licensed day care centers,
22licensed day care homes, and licensed group day care homes by
23October 1, 2024, or as soon as practicable, following
24completion of a planning and transition year. By October 1,
252025, or as soon as practicable, and for each year thereafter,
26subject to appropriation, the Department of Human Services

 

 

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1shall continue to operate the Smart Start Child Care Workforce
2Compensation Program annually with all licensed day care
3centers, and licensed day care homes, and licensed group day
4care homes that meet eligibility requirements. The Smart Start
5Child Care Workforce Compensation Program shall operate
6separately from and shall not supplant the Child Care
7Assistance Program as provided for in Section 9A-11 of the
8Illinois Public Aid Code.
9    (d) The Department of Human Services shall adopt
10administrative rules by October 1, 2024, to facilitate
11administration of the Smart Start Child Care Workforce
12Compensation Program, including, but not limited to,
13provisions for program eligibility, the application and
14funding calculation process, eligible expenses, required wage
15floors, and requirements for financial and personnel reporting
16and monitoring requirements. Eligibility and funding
17provisions shall be based on appropriation and a current model
18of the cost to provide child care services by a licensed child
19care center or licensed family child care home.
20(Source: P.A. 103-8, eff. 6-7-23; revised 9-25-23.)
 
21    Section 467. The Community Mental Health Act is amended by
22changing Section 3e as follows:
 
23    (405 ILCS 20/3e)  (from Ch. 91 1/2, par. 303e)
24    Sec. 3e. Board's powers and duties.

 

 

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1    (1) Every community mental health board shall, within 30
2days after members are first appointed and within 30 days
3after members are appointed or reappointed upon the expiration
4of a member's term, meet and organize, by the election of one
5of its number as president and one as secretary and such other
6officers as it may deem necessary. It shall make rules and
7regulations concerning the rendition or operation of services
8and facilities which it directs, supervises or funds, not
9inconsistent with the provisions of this Act. It shall:
10        (a) Hold a meeting prior to July 1 of each year at
11    which officers shall be elected for the ensuing year
12    beginning July 1;
13        (b) Hold meetings at least quarterly;
14        (c) Hold special meetings upon a written request
15    signed by at least 2 members and filed with the secretary;
16        (d) Review and evaluate community mental health
17    services and facilities, including services and facilities
18    for the treatment of alcoholism, drug addiction,
19    developmental disabilities, and intellectual
20    disabilities;
21        (e) Authorize the disbursement of money from the
22    community mental health fund for payment for the ordinary
23    and contingent expenses of the board;
24        (f) Submit to the appointing officer and the members
25    of the governing body a written plan for a program of
26    community mental health services and facilities for

 

 

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1    persons with a mental illness, a developmental disability,
2    or a substance use disorder. Such plan shall be for the
3    ensuing 12 month period. In addition, a plan shall be
4    developed for the ensuing 3 year period and such plan
5    shall be reviewed at the end of every 12 month period and
6    shall be modified as deemed advisable; .
7        (g) Within amounts appropriated therefor, execute such
8    programs and maintain such services and facilities as may
9    be authorized under such appropriations, including amounts
10    appropriated under bond issues, if any;
11        (h) Publish the annual budget and report within 120
12    days after the end of the fiscal year in a newspaper
13    distributed within the jurisdiction of the board, or, if
14    no newspaper is published within the jurisdiction of the
15    board, then one published in the county, or, if no
16    newspaper is published in the county, then in a newspaper
17    having general circulation within the jurisdiction of the
18    board. The report shall show the condition of its trust of
19    that year, the sums of money received from all sources,
20    giving the name of any donor, how all monies have been
21    expended and for what purpose, and such other statistics
22    and program information in regard to the work of the board
23    as it may deem of general interest. A copy of the budget
24    and the annual report shall be made available to the
25    Department of Human Services and to members of the General
26    Assembly whose districts include any part of the

 

 

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1    jurisdiction of such board. The names of all employees,
2    consultants, and other personnel shall be set forth along
3    with the amounts of money received;
4        (i) Consult with other appropriate private and public
5    agencies in the development of local plans for the most
6    efficient delivery of mental health, developmental
7    disabilities, and substance use disorder services. The
8    Board is authorized to join and to participate in the
9    activities of associations organized for the purpose of
10    promoting more efficient and effective services and
11    programs;
12        (j) Have the authority to review and comment on all
13    applications for grants by any person, corporation, or
14    governmental unit providing services within the
15    geographical area of the board which provides mental
16    health facilities and services, including services for the
17    person with a mental illness, a developmental disability,
18    or a substance use disorder. The board may require funding
19    applicants to send a copy of their funding application to
20    the board at the time such application is submitted to the
21    Department of Human Services or to any other local, State
22    or federal funding source or governmental agency. Within
23    60 days of the receipt of any application, the board shall
24    submit its review and comments to the Department of Human
25    Services or to any other appropriate local, State or
26    federal funding source or governmental agency. A copy of

 

 

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1    the review and comments shall be submitted to the funding
2    applicant. Within 60 days thereafter, the Department of
3    Human Services or any other appropriate local or State
4    governmental agency shall issue a written response to the
5    board and the funding applicant. The Department of Human
6    Services shall supply any community mental health board
7    such information about purchase-of-care funds, State
8    facility utilization, and costs in its geographical area
9    as the board may request provided that the information
10    requested is for the purpose of the Community Mental
11    Health Board complying with the requirements of Section
12    3f, subsection (f) of this Act;
13        (k) Perform such other acts as may be necessary or
14    proper to carry out the purposes of this Act.
15    (2) The community mental health board has the following
16powers:
17        (a) The board may enter into multiple-year contracts
18    for rendition or operation of services, facilities and
19    educational programs.
20        (b) The board may arrange through intergovernmental
21    agreements or intragovernmental agreements or both for the
22    rendition of services and operation of facilities by other
23    agencies or departments of the governmental unit or county
24    in which the governmental unit is located with the
25    approval of the governing body.
26        (c) To employ, establish compensation for, and set

 

 

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1    policies for its personnel, including legal counsel, as
2    may be necessary to carry out the purposes of this Act and
3    prescribe the duties thereof. The board may enter into
4    multiple-year employment contracts as may be necessary for
5    the recruitment and retention of personnel and the proper
6    functioning of the board.
7        (d) The board may enter into multiple-year joint
8    agreements, which shall be written, with other mental
9    health boards and boards of health to provide jointly
10    agreed upon community mental health facilities and
11    services and to pool such funds as may be deemed necessary
12    and available for this purpose.
13        (e) The board may organize a not-for-profit
14    corporation for the purpose of providing direct recipient
15    services. Such corporations shall have, in addition to all
16    other lawful powers, the power to contract with persons to
17    furnish services for recipients of the corporation's
18    facilities, including psychiatrists and other physicians
19    licensed in this State to practice medicine in all of its
20    branches. Such physicians shall be considered independent
21    contractors, and liability for any malpractice shall not
22    extend to such corporation, nor to the community mental
23    health board, except for gross negligence in entering into
24    such a contract.
25        (f) The board shall not operate any direct recipient
26    services for more than a 2-year period when such services

 

 

HB4844 Engrossed- 1482 -LRB103 39009 AMC 69146 b

1    are being provided in the governmental unit, but shall
2    encourage, by financial support, the development of
3    private agencies to deliver such needed services, pursuant
4    to regulations of the board.
5        (g) Where there are multiple boards within the same
6    planning area, as established by the Department of Human
7    Services, services may be purchased through a single
8    delivery system. In such areas, a coordinating body with
9    representation from each board shall be established to
10    carry out the service functions of this Act. In the event
11    any such coordinating body purchases or improves real
12    property, such body shall first obtain the approval of the
13    governing bodies of the governmental units in which the
14    coordinating body is located.
15        (h) The board may enter into multiple-year joint
16    agreements with other governmental units located within
17    the geographical area of the board. Such agreements shall
18    be written and shall provide for the rendition of services
19    by the board to the residents of such governmental units.
20        (i) The board may enter into multiple-year joint
21    agreements with federal, State, and local governments,
22    including the Department of Human Services, whereby the
23    board will provide certain services. All such joint
24    agreements must provide for the exchange of relevant data.
25    However, nothing in this Act shall be construed to permit
26    the abridgement of the confidentiality of patient records.

 

 

HB4844 Engrossed- 1483 -LRB103 39009 AMC 69146 b

1        (j) The board may receive gifts from private sources
2    for purposes not inconsistent with the provisions of this
3    Act.
4        (k) The board may receive federal Federal, State, and
5    local funds for purposes not inconsistent with the
6    provisions of this Act.
7        (l) The board may establish scholarship programs. Such
8    programs shall require equivalent service or reimbursement
9    pursuant to regulations of the board.
10        (m) The board may sell, rent, or lease real property
11    for purposes consistent with this Act.
12        (n) The board may: (i) own real property, lease real
13    property as lessee, or acquire real property by purchase,
14    construction, lease-purchase agreement, or otherwise; (ii)
15    take title to the property in the board's name; (iii)
16    borrow money and issue debt instruments, mortgages,
17    purchase-money mortgages, and other security instruments
18    with respect to the property; and (iv) maintain, repair,
19    remodel, or improve the property. All of these activities
20    must be for purposes consistent with this Act as may be
21    reasonably necessary for the housing and proper
22    functioning of the board. The board may use moneys in the
23    Community Mental Health Fund for these purposes.
24        (o) The board may organize a not-for-profit
25    corporation (i) for the purpose of raising money to be
26    distributed by the board for providing community mental

 

 

HB4844 Engrossed- 1484 -LRB103 39009 AMC 69146 b

1    health services and facilities for the treatment of
2    alcoholism, drug addiction, developmental disabilities,
3    and intellectual disabilities or (ii) for other purposes
4    not inconsistent with this Act.
5        (p) The board may fix a fiscal year for the board.
6        (q) The board has the responsibility to set, maintain,
7    and implement the budget.
8    Every board shall be subject to the requirements under the
9Freedom of Information Act and the Open Meetings Act.
10(Source: P.A. 103-274, eff. 1-1-24; revised 1-20-24.)
 
11    Section 470. The Lead Poisoning Prevention Act is amended
12by changing Section 8.1 as follows:
 
13    (410 ILCS 45/8.1)  (from Ch. 111 1/2, par. 1308.1)
14    Sec. 8.1. Licensing of lead inspectors and lead risk
15assessors.
16    (a) The Department shall establish standards and licensing
17procedures for lead inspectors and lead risk assessors. An
18integral element of these procedures shall be an education and
19training program prescribed by the Department, which shall
20include, but not be limited to, scientific sampling,
21chemistry, and construction techniques. No person shall make
22inspections or risk assessments without first being licensed
23by the Department. The penalty for inspection or risk
24assessment without a license shall be a Class A misdemeanor

 

 

HB4844 Engrossed- 1485 -LRB103 39009 AMC 69146 b

1and an administrative fine.
2    (b) The Department shall charge licensed lead inspectors
3and lead risk assessors reasonable license fees and the fees
4shall be placed in the Lead Poisoning Screening, Prevention,
5and Abatement Fund and used to fund the Department's licensing
6of lead inspectors and lead risk assessors and any other
7activities prescribed by this Act. A licensed lead inspector
8or lead risk assessor employed by the Department or its
9delegate agency shall not be charged a license fee.
10    (c) The Department, upon notification by the Illinois
11Workers' Compensation Commission or the Department of
12Insurance, shall refuse the issuance or renewal of a license
13to, or suspend or revoke the license of, any individual,
14corporation, partnership, or other business entity that has
15been found by the Illinois Workers' Compensation Commission or
16the Department of Insurance to have failed:
17        (1) to secure workers' compensation obligations in the
18    manner required by subsections (a) and (b) of Section 4 of
19    the Workers' Compensation Act;
20        (2) to pay in full a fine or penalty imposed by the
21    Illinois Workers' Compensation Commission or the
22    Department of Insurance due to a failure to secure
23    workers' compensation obligations in the manner required
24    by subsections (a) and (b) of Section 4 of the Workers'
25    Compensation Act; or
26        (3) to fulfill all obligations assumed pursuant to any

 

 

HB4844 Engrossed- 1486 -LRB103 39009 AMC 69146 b

1    settlement reached with the Illinois Workers' Compensation
2    Commission or the Department of Insurance due to a failure
3    to secure workers' compensation obligations in the manner
4    required by subsections (a) and (b) of Section 4 of the
5    Workers' Compensation Act.
6    A complaint filed with the Department by the Illinois
7Workers' Compensation Commission or the Department of
8Insurance that includes a certification, signed by its
9Director or Chairman or designee, attesting to a finding of
10the failure to secure workers' compensation obligations in the
11manner required by subsections (a) and (b) of Section 4 of the
12Workers' Compensation Act or the failure to pay any fines or
13penalties or to discharge any obligation under a settlement
14relating to the failure to secure workers' compensation
15obligations in the manner required by subsections (a) and (b)
16of Section 4 of the Workers' Compensation Act is prima facie
17evidence of the licensee's or applicant's failure to comply
18with subsections (a) and (b) of Section 4 of the Workers'
19Compensation Act. Upon receipt of that certification, the
20Department shall, without a hearing, immediately suspend all
21licenses held by the licensee or the processing of any
22application from the applicant. Enforcement of the
23Department's order shall be stayed for 60 days. The Department
24shall provide notice of the suspension to the licensee by
25mailing a copy of the Department's order to the licensee's or
26applicant's address of record or emailing a copy of the order

 

 

HB4844 Engrossed- 1487 -LRB103 39009 AMC 69146 b

1to the licensee's or applicant's email address of record. The
2notice shall advise the licensee or applicant that the
3suspension shall be effective 60 days after the issuance of
4the order unless the Department receives, from the licensee or
5applicant, a request for a hearing before the Department to
6dispute the matters contained in the order.
7    Upon receiving notice from the Illinois Workers'
8Compensation Commission or the Department of Insurance that
9the violation has been corrected or otherwise resolved, the
10Department shall vacate the order suspending a licensee's
11license or the processing of an applicant's application.
12    No license shall be suspended or revoked until after the
13licensee is afforded any due process protection guaranteed by
14statute or rule adopted by the Illinois Workers' Compensation
15Commission or the Department of Insurance.
16(Source: P.A. 103-26, eff. 1-1-24; revised 1-2-24.)
 
17    Section 475. The Smoke Free Illinois Act is amended by
18changing Section 35 as follows:
 
19    (410 ILCS 82/35)
20    Sec. 35. Exemptions. Notwithstanding any other provision
21of this Act, smoking is allowed in the following areas:
22        (1) Private residences or dwelling places, except when
23    used as a child care, adult day care, or healthcare
24    facility or any other home-based business open to the

 

 

HB4844 Engrossed- 1488 -LRB103 39009 AMC 69146 b

1    public.
2        (2) Retail tobacco stores as defined in Section 10 of
3    this Act in operation prior to January 1, 2008 (the
4    effective date of Public Act 95-17) this amendatory Act of
5    the 95th General Assembly. The retail tobacco store shall
6    annually file with the Department by January 31st an
7    affidavit stating the percentage of its gross income
8    during the prior calendar year that was derived from the
9    sale of loose tobacco, plants, or herbs and cigars,
10    cigarettes, pipes, or other smoking devices for smoking
11    tobacco and related smoking accessories. Any retail
12    tobacco store that begins operation after January 1, 2008
13    (the effective date of Public Act 95-17) this amendatory
14    Act may only qualify for an exemption if located in a
15    freestanding structure occupied solely by the business and
16    smoke from the business does not migrate into an enclosed
17    area where smoking is prohibited. A retail tobacco store
18    that derives at least 80% of its gross revenue from the
19    sale of electronic cigarettes and electronic cigarette
20    equipment and accessories in operation before January 1,
21    2024 (the effective date of Public Act 103-272) this
22    amendatory Act of the 103rd General Assembly qualifies for
23    this exemption for electronic cigarettes only. A retail
24    tobacco store claiming an exemption for electronic
25    cigarettes shall annually file with the Department by
26    January 31 an affidavit stating the percentage of its

 

 

HB4844 Engrossed- 1489 -LRB103 39009 AMC 69146 b

1    gross income during the prior calendar year that was
2    derived from the sale of electronic cigarettes. A retail
3    tobacco store may, with authorization or permission from a
4    unit of local government, including a home rule unit, or
5    any non-home rule county within the unincorporated
6    territory of the county, allow the on-premises consumption
7    of cannabis in a specially designated areas.
8        (3) (Blank).
9        (4) Hotel and motel sleeping rooms that are rented to
10    guests and are designated as smoking rooms, provided that
11    all smoking rooms on the same floor must be contiguous and
12    smoke from these rooms must not infiltrate into nonsmoking
13    rooms or other areas where smoking is prohibited. Not more
14    than 25% of the rooms rented to guests in a hotel or motel
15    may be designated as rooms where smoking is allowed. The
16    status of rooms as smoking or nonsmoking may not be
17    changed, except to permanently add additional nonsmoking
18    rooms.
19        (5) Enclosed laboratories that are excluded from the
20    definition of "place of employment" in Section 10 of this
21    Act. Rulemaking authority to implement Public Act 95-1029
22    this amendatory Act of the 95th General Assembly, if any,
23    is conditioned on the rules being adopted in accordance
24    with all provisions of the Illinois Administrative
25    Procedure Act and all rules and procedures of the Joint
26    Committee on Administrative Rules; any purported rule not

 

 

HB4844 Engrossed- 1490 -LRB103 39009 AMC 69146 b

1    so adopted, for whatever reason, is unauthorized.
2        (6) Common smoking rooms in long-term care facilities
3    operated under the authority of the Illinois Department of
4    Veterans' Affairs or licensed under the Nursing Home Care
5    Act that are accessible only to residents who are smokers
6    and have requested in writing to have access to the common
7    smoking room where smoking is permitted and the smoke
8    shall not infiltrate other areas of the long-term care
9    facility. Rulemaking authority to implement Public Act
10    95-1029 this amendatory Act of the 95th General Assembly,
11    if any, is conditioned on the rules being adopted in
12    accordance with all provisions of the Illinois
13    Administrative Procedure Act and all rules and procedures
14    of the Joint Committee on Administrative Rules; any
15    purported rule not so adopted, for whatever reason, is
16    unauthorized.
17        (7) A convention hall of the Donald E. Stephens
18    Convention Center where a meeting or trade show for
19    manufacturers and suppliers of tobacco and tobacco
20    products and accessories is being held, during the time
21    the meeting or trade show is occurring, if the meeting or
22    trade show:
23            (i) is a trade-only event and not open to the
24        public;
25            (ii) is limited to attendees and exhibitors that
26        are 21 years of age or older;

 

 

HB4844 Engrossed- 1491 -LRB103 39009 AMC 69146 b

1            (iii) is being produced or organized by a business
2        relating to tobacco or a professional association for
3        convenience stores; and
4            (iv) involves the display of tobacco products.
5        Smoking is not allowed in any public area outside of
6    the hall designated for the meeting or trade show.
7        This paragraph (7) is inoperative on and after October
8    1, 2015.
9        (8) A dispensing organization, as defined in the
10    Cannabis Regulation and Tax Act, authorized or permitted
11    by a unit local government to allow on-site consumption of
12    cannabis, if the establishment: (1) maintains a specially
13    designated area or areas for the purpose of heating,
14    burning, smoking, or lighting cannabis; (2) is limited to
15    individuals 21 or older; and (3) maintains a locked door
16    or barrier to any specially designated areas for the
17    purpose of heating, burning, smoking or lighting cannabis.
18(Source: P.A. 103-272, eff. 1-1-24; revised 1-2-24.)
 
19    Section 480. The Health Care Professional Credentials Data
20Collection Act is amended by changing Section 5 as follows:
 
21    (410 ILCS 517/5)
22    Sec. 5. Definitions. As used in this Act:
23    "Credentials data" means those data, information, or
24answers to questions required by a health care entity, health

 

 

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1care plan, or hospital to complete the credentialing or
2recredentialing of a health care professional.
3    "Credentialing" means the process of assessing and
4validating the qualifications of a health care professional.
5    "Department" means the Department of Public Health.
6    "Director" means the Director of the Department of Public
7Health.
8    "Health care entity" means any of the following which
9require the submission of credentials data: (i) a health care
10facility or other health care organization licensed or
11certified to provide medical or health services in Illinois,
12other than a hospital; (ii) a health care professional
13partnership, corporation, limited liability company,
14professional services corporation or group practice; or (iii)
15an independent practice association or physician hospital
16organization. Nothing in this definition shall be construed to
17mean that a hospital is a health care entity.
18    "Health care plan" means any entity licensed by the
19Department of Insurance as a prepaid health care plan or
20health maintenance organization or as an insurer which
21requires the submission of credentials data.
22    "Health care professional" means any person licensed under
23the Medical Practice Act of 1987 or any person licensed under
24any other Act subsequently made subject to this Act by the
25Department.
26    "Hospital" means a hospital licensed under the Hospital

 

 

HB4844 Engrossed- 1493 -LRB103 39009 AMC 69146 b

1Licensing Act or any hospital organized under the University
2of Illinois Hospital Act.
3    "Recredentialing" means a process undertaken for a period
4not to exceed 3 years by which a health care entity, health
5care plan, or hospital ensures that a health care professional
6who is currently credentialed by the health care entity,
7health care plan, or hospital continues to meet the
8credentialing criteria used by the health care entity, health
9care plan, or hospital 3.
10    "Single credentialing cycle" means a process undertaken
11for a period not to exceed 3 years whereby for purposes of
12recredentialing each health care professional's credentials
13data are collected by all health care entities and health care
14plans that credential the health care professional during the
15same time period 3.
16    "Site survey" means a process by which a health care
17entity or health care plan assesses the office locations and
18medical record keeping practices of a health care
19professional.
20    "Single site survey" means a process by which, for
21purposes of recredentialing, each health care professional
22receives a site visit only once every two years.
23    "Uniform health care credentials form" means the form
24prescribed by the Department under Section 15 to collect the
25credentials data commonly requested by health care entities
26and health care plans for purposes of credentialing.

 

 

HB4844 Engrossed- 1494 -LRB103 39009 AMC 69146 b

1    "Uniform health care recredentials form" means the form
2prescribed by the Department under Section 15 to collect the
3credentials data commonly requested by health care entities
4and health care plans for purposes of recredentialing.
5    "Uniform hospital credentials form" means the form
6prescribed by the Department under Section 15 to collect the
7credentials data commonly requested by hospitals for purposes
8of credentialing.
9    "Uniform hospital recredentials form" means the form
10prescribed by the Department under Section 15 to collect the
11credentials data commonly requested by hospitals for purposes
12of recredentialing.
13    "Uniform site survey instrument" means the instrument
14developed by the Department under Section 25 to complete a
15single site survey as part of a credentialing or
16recredentialing process.
17    "Uniform updating form" means the standardized form
18prescribed by the Department for reporting of corrections,
19updates, and modifications to credentials data to health care
20entities, health care plans, and hospitals when those data
21change following credentialing or recredentialing of a health
22care professional.
23(Source: P.A. 103-96, eff. 1-1-24; 103-436, eff. 8-4-23;
24revised 12-15-23.)
 
25    Section 485. The Vital Records Act is amended by changing

 

 

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1Section 25 and by setting forth and renumbering multiple
2versions of Section 25.6 as follows:
 
3    (410 ILCS 535/25)
4    Sec. 25. In accordance with Section 24 of this Act, and the
5regulations adopted pursuant thereto:
6        (1) The State Registrar of Vital Records shall search
7    the files of birth, death, and fetal death records, upon
8    receipt of a written request and a fee of $10 from any
9    applicant entitled to such search. A search fee shall not
10    be required for commemorative birth certificates issued by
11    the State Registrar. A search fee shall not be required
12    for a birth record search from a person (1) upon release on
13    parole, mandatory supervised release, final discharge, or
14    pardon from the Department of Corrections if the person
15    presents a prescribed verification form completed by the
16    Department of Corrections verifying the person's date of
17    birth and social security number, or (2) placed on
18    aftercare release under the Juvenile Court Act of 1987,
19    upon release on parole, mandatory supervised release,
20    final discharge, or pardon from the Department of Juvenile
21    Justice if the person presents a prescribed verification
22    form completed by the Department of Juvenile Justice
23    verifying the person's date of birth and social security
24    number; however, the person is entitled to only one search
25    fee waiver. If, upon search, the record requested is

 

 

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1    found, the State Registrar shall furnish the applicant one
2    certification of such record, under the seal of such
3    office. If the request is for a certified copy of the
4    record, an additional fee of $5 shall be required. An
5    additional fee for a certified copy of the record shall
6    not be required from a person (1) upon release on parole,
7    mandatory supervised release, final discharge, or pardon
8    from the Department of Corrections if the person presents
9    a prescribed verification form completed by the Department
10    of Corrections verifying the released person's date of
11    birth and social security number, or (2) placed on
12    aftercare release under the Juvenile Court Act of 1987,
13    upon release on parole, mandatory supervised release,
14    final discharge, or pardon from the Department of Juvenile
15    Justice if the person presents a prescribed verification
16    form completed by the Department of Juvenile Justice
17    verifying the person's date of birth and social security
18    number; however, the person is entitled to only one
19    certified copy fee waiver. If the request is for a
20    certified copy of a death certificate or a fetal death
21    certificate, an additional fee of $2 is required. The
22    additional fee shall be deposited into the Death
23    Certificate Surcharge Fund. A further fee of $2 shall be
24    required for each additional certification or certified
25    copy requested. If the requested record is not found, the
26    State Registrar shall furnish the applicant a

 

 

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1    certification attesting to that fact, if so requested by
2    the applicant. A further fee of $2 shall be required for
3    each additional certification that no record has been
4    found.
5        Any local registrar or county clerk shall search the
6    files of birth, death, and fetal death records, upon
7    receipt of a written request from any applicant entitled
8    to such search. If upon search the record requested is
9    found, such local registrar or county clerk shall furnish
10    the applicant one certification or certified copy of such
11    record, under the seal of such office, upon payment of the
12    applicable fees. If the requested record is not found, the
13    local registrar or county clerk shall furnish the
14    applicant a certification attesting to that fact, if so
15    requested by the applicant and upon payment of applicable
16    fee. The local registrar or county clerk must charge a $2
17    fee for each certified copy of a death certificate. The
18    fee is in addition to any other fees that are charged by
19    the local registrar or county clerk. The additional fees
20    must be transmitted to the State Registrar monthly and
21    deposited into the Death Certificate Surcharge Fund. The
22    local registrar or county clerk may charge fees for
23    providing other services for which the State Registrar may
24    charge fees under this Section.
25        Upon receipt of a written request from an applicant
26    entitled to such a search, a local registrar or county

 

 

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1    clerk shall search available files for the death
2    certificate of an active duty service member or honorably
3    discharged veteran of the United States military. If the
4    death certificate requested by the applicant is found, the
5    local registrar or county clerk shall furnish the
6    applicant with one certified copy of the death
7    certificate, under the seal of the local registrar's or
8    county clerk's office, at no cost to the applicant. If the
9    requested death certificate of the service member or
10    honorably discharged veteran is not found, the local
11    registrar or county clerk shall furnish the applicant, at
12    no cost, with certification attesting to that fact if so
13    requested by the applicant. A local registrar or county
14    clerk shall not require a fee from the applicant of more
15    than $6 for any subsequent copy of the service member's or
16    honorably discharged veteran's death certificate or
17    certification attesting that the death certificate of the
18    service member or honorably discharged veteran was not
19    found.
20        A request to any custodian of vital records for a
21    search of the death record indexes for genealogical
22    research shall require a fee of $10 per name for a 5-year 5
23    year search. An additional fee of $1 for each additional
24    year searched shall be required. If the requested record
25    is found, one uncertified copy shall be issued without
26    additional charge.

 

 

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1        Any fee received by the State Registrar pursuant to
2    this Section which is of an insufficient amount may be
3    returned by the State Registrar upon his recording the
4    receipt of such fee and the reason for its return. The
5    State Registrar is authorized to maintain a 2-signature 2
6    signature, revolving checking account with a suitable
7    commercial bank for the purpose of depositing and
8    withdrawing-for-return cash received and determined
9    insufficient for the service requested.
10        No fee imposed under this Section may be assessed
11    against an organization chartered by Congress that
12    requests a certificate for the purpose of death
13    verification.
14        No fee imposed under this Section may be assessed
15    against a victim of domestic violence as defined in the
16    Illinois Domestic Violence Act of 1986. To qualify for the
17    waiver of a fee, the person seeking the vital record must
18    provide a certification letter as described in Section
19    25.6.
20        Any custodian of vital records, whether it may be the
21    Department of Public Health, a local registrar, or a
22    county clerk shall charge an additional $2 for each
23    certified copy of a death certificate and that additional
24    fee shall be collected on behalf of the Department of
25    Financial and Professional Regulation for deposit into the
26    Cemetery Oversight Licensing and Disciplinary Fund.

 

 

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1        As used in this paragraph, "veteran" means an
2    individual who served in the Armed Forces of the United
3    States, National Guard, or the reserves of the Armed
4    Forces of the United States.
5        (2) The certification of birth may contain only the
6    name, sex, date of birth, and place of birth, of the person
7    to whom it relates, the name, age and birthplace of the
8    parents, and the file number; and none of the other data on
9    the certificate of birth except as authorized under
10    subsection (5) of this Section.
11        (3) The certification of death shall contain only the
12    name, Social Security Number, sex, date of death, and
13    place of death of the person to whom it relates, and file
14    number; and none of the other data on the certificate of
15    death except as authorized under subsection (5) of this
16    Section.
17        (4) Certification or a certified copy of a certificate
18    shall be issued:
19            (a) Upon the order of a court of competent
20        jurisdiction; or
21            (b) In case of a birth certificate, upon the
22        specific written request for a certification or
23        certified copy by the person, if of legal age, by a
24        parent or other legal representative of the person to
25        whom the record of birth relates, or by a person having
26        a genealogical interest; or

 

 

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1            (c) Upon the specific written request for a
2        certification or certified copy by a department of the
3        State state or a municipal corporation or the federal
4        government; or
5            (c-1) Upon the specific written request for a
6        certification or certified copy by a State's Attorney
7        for the purpose of a criminal prosecution; or
8            (d) In case of a death or fetal death certificate,
9        upon specific written request for a certified copy by
10        a person, or his duly authorized agent, having a
11        genealogical, personal, or property right interest in
12        the record.
13        A genealogical interest shall be a proper purpose with
14    respect to births which occurred not less than 75 years
15    and deaths which occurred not less than 20 years prior to
16    the date of written request. Where the purpose of the
17    request is a genealogical interest, the custodian shall
18    stamp the certification or copy with the words, FOR
19    GENEALOGICAL PURPOSES ONLY.
20        (5) Any certification or certified copy issued
21    pursuant to this Section shall show the date of
22    registration; and copies issued from records marked
23    "delayed," "amended," or "court order" shall be similarly
24    marked and show the effective date.
25        (6) Any certification or certified copy of a
26    certificate issued in accordance with this Section shall

 

 

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1    be considered as prima facie evidence of the facts therein
2    stated, provided that the evidentiary value of a
3    certificate or record filed more than one year after the
4    event, or a record which has been amended, shall be
5    determined by the judicial or administrative body or
6    official before whom the certificate is offered as
7    evidence.
8        (7) Any certification or certified copy issued
9    pursuant to this Section shall be issued without charge
10    when the record is required by the United States
11    Department of Veterans Affairs Veterans Administration or
12    by any accredited veterans organization to be used in
13    determining the eligibility of any person to participate
14    in benefits available from such organization. Requests for
15    such copies must be in accordance with Sections 1 and 2 of
16    Records for Veterans Administration Act "An Act to provide
17    for the furnishing of copies of public documents to
18    interested parties," approved May 17, 1935, as now or
19    hereafter amended.
20        (8) The National Vital Statistics Division, or any
21    agency which may be substituted therefor, may be furnished
22    such copies or data as it may require for national
23    statistics; provided that the State shall be reimbursed
24    for the cost of furnishing such data; and provided further
25    that such data shall not be used for other than
26    statistical purposes by the National Vital Statistics

 

 

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1    Division, or any agency which may be substituted therefor,
2    unless so authorized by the State Registrar of Vital
3    Records.
4        (9) Federal, State, local, and other public or private
5    agencies may, upon request, be furnished copies or data
6    for statistical purposes upon such terms or conditions as
7    may be prescribed by the Department.
8        (10) The State Registrar of Vital Records, at his
9    discretion and in the interest of promoting registration
10    of births, may issue, without fee, to the parents or
11    guardian of any or every child whose birth has been
12    registered in accordance with the provisions of this Act,
13    a special notice of registration of birth.
14        (11) No person shall prepare or issue any certificate
15    which purports to be an original, certified copy, or
16    certification of a certificate of birth, death, or fetal
17    death, except as authorized in this Act or regulations
18    adopted hereunder.
19        (12) A computer print-out of any record of birth,
20    death, or fetal record that may be certified under this
21    Section may be used in place of such certification and
22    such computer print-out shall have the same legal force
23    and effect as a certified copy of the document.
24        (13) The State Registrar may verify from the
25    information contained in the index maintained by the State
26    Registrar the authenticity of information on births,

 

 

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1    deaths, marriages, and dissolution of marriages provided
2    to a federal agency or a public agency of another state by
3    a person seeking benefits or employment from the agency,
4    provided the agency pays a fee of $10.
5        (14) The State Registrar may issue commemorative birth
6    certificates to persons eligible to receive birth
7    certificates under this Section upon the payment of a fee
8    to be determined by the State Registrar.
9(Source: P.A. 102-739, eff. 1-1-23; 103-95, eff. 6-9-23;
10103-170, eff. 1-1-24; revised 9-1-23.)
 
11    (410 ILCS 535/25.6)
12    Sec. 25.6. Fee waiver; persons who reside in a shelter for
13domestic violence.
14    (a) The applicable fees under Section 17 of this Act for a
15new certificate of birth and Section 25 of this Act for a
16search of a birth record or a certified copy of a birth record
17shall be waived for all requests by a person who resides in a
18shelter for domestic violence. The State Registrar of Vital
19Records shall establish standards and procedures consistent
20with this Section for waiver of the applicable fees. A person
21described under this Section must not be charged for
22verification under this Section. A person who knowingly or
23purposefully falsifies this verification is subject to a
24penalty of $100.
25    (b) A person who resides in a shelter for domestic

 

 

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1violence shall be provided no more than 4 birth records
2annually under this Section.
3(Source: P.A. 102-1141, eff. 7-1-23.)
 
4    (410 ILCS 535/25.7)
5    Sec. 25.7 25.6. Certification letter form. In order to
6seek a waiver of the fee for a copy of a vital record, the
7person seeking the record must provide the following
8certification letter:
 
9
Certification Letter for Domestic Violence Waiver for Illinois
10
Vital Records
11Full Name of Applicant:...............................
12Date of Birth:........................................
13    I,........................, certify, to the best of my
14knowledge and belief, that on the date listed below, the above
15named individual is a victim or child of a victim of domestic
16violence, as defined by Section 103 of the Illinois Domestic
17Violence Act of 1986 (750 ILCS 60/103), who is currently
18fleeing a dangerous living situation. I provide this
19certification in my capacity as (check one below):
20        ( ) an advocate at a family violence center who
21    assisted the victim;
22        ( ) a licensed medical care or mental health provider;
23        ( ) the director of an emergency shelter or
24    transitional housing; or

 

 

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1        ( ) the director of a transitional living program.
2Signature:................. Date:........................ 
3Title:..................... Employer:.................... 
4Email:..................... Phone:....................... 
5Address:................... City:........................ 
6State:..................... Zip:......................... 
7(Source: P.A. 103-170, eff. 1-1-24; revised 1-2-24.)
 
8    Section 490. The Sanitary Food Preparation Act is amended
9by changing Section 8 as follows:
 
10    (410 ILCS 650/8)  (from Ch. 56 1/2, par. 74)
11    Sec. 8. No operative, employee, or other person persons
12shall expectorate on the food, or on the utensils, or on the
13floors or sidewalls of any building, room, basement, or cellar
14where the production, preparation, manufacture, packing,
15storing, or sale of any such food is conducted. Operatives,
16employees, clerks, and all other persons who handle the
17material from which such food is prepared or the finished
18product, before beginning work, or after visiting toilet or
19toilets, shall wash their hands thoroughly in clean water.
20Whoever fails to observe or violates the provisions of this
21Section shall be guilty of a petty offense and fined not more
22than $25.
23(Source: P.A. 103-154, eff. 6-30-23; revised 9-25-23.)
 

 

 

HB4844 Engrossed- 1507 -LRB103 39009 AMC 69146 b

1    Section 495. The Cannabis Regulation and Tax Act is
2amended by changing Sections 15-150 and 15-170 as follows:
 
3    (410 ILCS 705/15-150)
4    Sec. 15-150. Temporary suspension.
5    (a) The Secretary of Financial and Professional Regulation
6may temporarily suspend a dispensing organization license or
7an agent registration without a hearing if the Secretary finds
8that public safety or welfare requires emergency action. The
9Secretary shall cause the temporary suspension by issuing a
10suspension notice in connection with the institution of
11proceedings for a hearing.
12    (b) If the Secretary temporarily suspends a license or
13agent registration without a hearing, the licensee or agent is
14entitled to a hearing within 45 days after the suspension
15notice has been issued. The hearing shall be limited to the
16issues cited in the suspension notice, unless all parties
17agree otherwise.
18    (c) If the Department does not hold a hearing within with
1945 days after the date the suspension notice was issued, then
20the suspended license or registration shall be automatically
21reinstated and the suspension vacated.
22    (d) The suspended licensee or agent may seek a continuance
23of the hearing date, during which time the suspension remains
24in effect and the license or registration shall not be
25automatically reinstated.

 

 

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1    (e) Subsequently discovered causes of action by the
2Department after the issuance of the suspension notice may be
3filed as a separate notice of violation. The Department is not
4precluded from filing a separate action against the suspended
5licensee or agent.
6(Source: P.A. 101-27, eff. 6-25-19; revised 4-6-23.)
 
7    (410 ILCS 705/15-170)
8    Sec. 15-170. Hearing; motion for rehearing.
9    (a) The hearing officer shall hear evidence in support of
10the formal charges and evidence produced by the licensee. At
11the conclusion of the hearing, the hearing officer shall
12present to the Secretary a written report of his or her
13findings of fact, conclusions of law, and recommendations.
14    (b) At the conclusion of the hearing, a copy of the hearing
15officer's report shall be served upon the applicant or
16licensee by the Department, either personally or as provided
17in this Act for the service of a notice of hearing. Within 20
18calendar days after service, the applicant or licensee may
19present to the Department a motion in writing for rehearing,
20which shall specify the particular grounds for rehearing. The
21Department may respond to the motion for rehearing within 20
22calendar days after its service on the Department. If no
23motion for rehearing is filed, then, upon the expiration of
24the time specified for filing such motion or upon denial of a
25motion for rehearing, the Secretary may enter an order in

 

 

HB4844 Engrossed- 1509 -LRB103 39009 AMC 69146 b

1accordance with the recommendation of the hearing officer. If
2the applicant or licensee orders from the reporting service
3and pays for a transcript of the record within the time for
4filing a motion for rehearing, the 20-day period within which
5a motion may be filed shall commence upon the delivery of the
6transcript to the applicant or licensee.
7    (c) If the Secretary disagrees in any regard with the
8report of the hearing officer, the Secretary may issue an
9order contrary to the report.
10    (d) Whenever the Secretary is not satisfied that
11substantial justice has been done, the Secretary may order a
12rehearing by the same or another hearing officer.
13    (e) At any point in any investigation or disciplinary
14proceeding under in this Article, both parties may agree to a
15negotiated consent order. The consent order shall be final
16upon signature of the Secretary.
17(Source: P.A. 101-27, eff. 6-25-19; revised 4-6-23.)
 
18    Section 500. The Environmental Protection Act is amended
19by changing Sections 17.12, 22.15, 31, 58.5, 58.6, and 58.7 as
20follows:
 
21    (415 ILCS 5/17.12)
22    Sec. 17.12. Lead service line replacement and
23notification.
24    (a) The purpose of this Act is to: (1) require the owners

 

 

HB4844 Engrossed- 1510 -LRB103 39009 AMC 69146 b

1and operators of community water supplies to develop,
2implement, and maintain a comprehensive water service line
3material inventory and a comprehensive lead service line
4replacement plan, provide notice to occupants of potentially
5affected buildings before any construction or repair work on
6water mains or lead service lines, and request access to
7potentially affected buildings before replacing lead service
8lines; and (2) prohibit partial lead service line
9replacements, except as authorized within this Section.
10    (b) The General Assembly finds and declares that:
11        (1) There is no safe level of exposure to heavy metal
12    lead, as found by the United States Environmental
13    Protection Agency and the Centers for Disease Control and
14    Prevention.
15        (2) Lead service lines can convey this harmful
16    substance to the drinking water supply.
17        (3) According to the Illinois Environmental Protection
18    Agency's 2018 Service Line Material Inventory, the State
19    of Illinois is estimated to have over 680,000 lead-based
20    service lines still in operation.
21        (4) The true number of lead service lines is not fully
22    known because Illinois lacks an adequate inventory of lead
23    service lines.
24        (5) For the general health, safety, and welfare of its
25    residents, all lead service lines in Illinois should be
26    disconnected from the drinking water supply, and the

 

 

HB4844 Engrossed- 1511 -LRB103 39009 AMC 69146 b

1    State's drinking water supply.
2    (c) In this Section:
3    "Advisory Board" means the Lead Service Line Replacement
4Advisory Board created under subsection (x).
5    "Community water supply" has the meaning ascribed to it in
6Section 3.145 of this Act.
7    "Department" means the Department of Public Health.
8    "Emergency repair" means any unscheduled water main, water
9service, or water valve repair or replacement that results
10from failure or accident.
11    "Fund" means the Lead Service Line Replacement Fund
12created under subsection (bb).
13    "Lead service line" means a service line made of lead or
14service line connected to a lead pigtail, lead gooseneck, or
15other lead fitting.
16    "Material inventory" means a water service line material
17inventory developed by a community water supply under this
18Act.
19    "Non-community water supply" has the meaning ascribed to
20it in Section 3.145 of the Environmental Protection Act.
21    "NSF/ANSI Standard" means a water treatment standard
22developed by NSF International.
23    "Partial lead service line replacement" means replacement
24of only a portion of a lead service line.
25    "Potentially affected building" means any building that is
26provided water service through a service line that is either a

 

 

HB4844 Engrossed- 1512 -LRB103 39009 AMC 69146 b

1lead service line or a suspected lead service line.
2    "Public water supply" has the meaning ascribed to it in
3Section 3.365 of this Act.
4    "Service line" means the piping, tubing, and necessary
5appurtenances acting as a conduit from the water main or
6source of potable water supply to the building plumbing at the
7first shut-off valve or 18 inches inside the building,
8whichever is shorter.
9    "Suspected lead service line" means a service line that a
10community water supply finds more likely than not to be made of
11lead after completing the requirements under paragraphs (2)
12through (5) of subsection (h).
13    "Small system" means a community water supply that
14regularly serves water to 3,300 or fewer persons.
15    (d) An owner or operator of a community water supply
16shall:
17        (1) develop an initial material inventory by April 15,
18    2022 and electronically submit by April 15, 2023 an
19    updated material inventory electronically to the Agency;
20    and
21        (2) deliver a complete material inventory to the
22    Agency no later than April 15, 2024, or such time as
23    required by federal law, whichever is sooner. The complete
24    inventory shall report the composition of all service
25    lines in the community water supply's distribution system.
26    (e) The Agency shall review and approve the final material

 

 

HB4844 Engrossed- 1513 -LRB103 39009 AMC 69146 b

1inventory submitted to it under subsection (d).
2    (f) If a community water supply does not submit a complete
3inventory to the Agency by April 15, 2024 under paragraph (2)
4of subsection (d), the community water supply may apply for an
5extension to the Agency no less than 3 months prior to the due
6date. The Agency shall develop criteria for granting material
7inventory extensions. When considering requests for extension,
8the Agency shall, at a minimum, consider:
9        (1) the number of service connections in a water
10    supply; and
11        (2) the number of service lines of an unknown material
12    composition.
13    (g) A material inventory prepared for a community water
14supply under subsection (d) shall identify:
15        (1) the total number of service lines connected to the
16    community water supply's distribution system;
17        (2) the materials of construction of each service line
18    connected to the community water supply's distribution
19    system;
20        (3) the number of suspected lead service lines that
21    were newly identified in the material inventory for the
22    community water supply after the community water supply
23    last submitted a service line inventory to the Agency; and
24        (4) the number of suspected or known lead service
25    lines that were replaced after the community water supply
26    last submitted a service line inventory to the Agency, and

 

 

HB4844 Engrossed- 1514 -LRB103 39009 AMC 69146 b

1    the material of the service line that replaced each lead
2    service line.
3    When identifying the materials of construction under
4paragraph (2) of this subsection, the owner or operator of the
5community water supply shall to the best of the owner's or
6operator's ability identify the type of construction material
7used on the customer's side of the curb box, meter, or other
8line of demarcation and the community water supply's side of
9the curb box, meter, or other line of demarcation.
10    (h) In completing a material inventory under subsection
11(d), the owner or operator of a community water supply shall:
12        (1) prioritize inspections of high-risk areas
13    identified by the community water supply and inspections
14    of high-risk facilities, such as preschools, day care
15    centers, day care homes, group day care homes, parks,
16    playgrounds, hospitals, and clinics, and confirm service
17    line materials in those areas and at those facilities;
18        (2) review historical documentation, such as
19    construction logs or cards, as-built drawings, purchase
20    orders, and subdivision plans, to determine service line
21    material construction;
22        (3) when conducting distribution system maintenance,
23    visually inspect service lines and document materials of
24    construction;
25        (4) identify any time period when the service lines
26    being connected to its distribution system were primarily

 

 

HB4844 Engrossed- 1515 -LRB103 39009 AMC 69146 b

1    lead service lines, if such a time period is known or
2    suspected; and
3        (5) discuss service line repair and installation with
4    its employees, contractors, plumbers, other workers who
5    worked on service lines connected to its distribution
6    system, or all of the above.
7    (i) The owner or operator of each community water supply
8shall maintain records of persons who refuse to grant access
9to the interior of a building for purposes of identifying the
10materials of construction of a service line. If a community
11water supply has been denied access on the property or to the
12interior of a building for that reason, then the community
13water supply shall attempt to identify the service line as a
14suspected lead service line, unless documentation is provided
15showing otherwise.
16    (j) If a community water supply identifies a lead service
17line connected to a building, the owner or operator of the
18community water supply shall attempt to notify the owner of
19the building and all occupants of the building of the
20existence of the lead service line within 15 days after
21identifying the lead service line, or as soon as is reasonably
22possible thereafter. Individual written notice shall be given
23according to the provisions of subsection (jj).
24    (k) An owner or operator of a community water supply has no
25duty to include in the material inventory required under
26subsection (d) information about service lines that are

 

 

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1physically disconnected from a water main in its distribution
2system.
3    (l) The owner or operator of each community water supply
4shall post on its website a copy of the most recently submitted
5material inventory or alternatively may request that the
6Agency post a copy of that material inventory on the Agency's
7website.
8    (m) Nothing in this Section shall be construed to require
9service lines to be unearthed for the sole purpose of
10inventorying.
11    (n) When an owner or operator of a community water supply
12awards a contract under this Section, the owner or operator
13shall make a good faith effort to use contractors and vendors
14owned by minority persons, women, and persons with a
15disability, as those terms are defined in Section 2 of the
16Business Enterprise for Minorities, Women, and Persons with
17Disabilities Act, for not less than 20% of the total
18contracts, provided that:
19        (1) contracts representing at least 11% of the total
20    projects shall be awarded to minority-owned businesses, as
21    defined in Section 2 of the Business Enterprise for
22    Minorities, Women, and Persons with Disabilities Act;
23        (2) contracts representing at least 7% of the total
24    projects shall be awarded to women-owned businesses, as
25    defined in Section 2 of the Business Enterprise for
26    Minorities, Women, and Persons with Disabilities Act; and

 

 

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1        (3) contracts representing at least 2% of the total
2    projects shall be awarded to businesses owned by persons
3    with a disability.
4    Owners or operators of a community water supply are
5encouraged to divide projects, whenever economically feasible,
6into contracts of smaller size that ensure small business
7contractors or vendors shall have the ability to qualify in
8the applicable bidding process, when determining the ability
9to deliver on a given contract based on scope and size, as a
10responsible and responsive bidder.
11    When a contractor or vendor submits a bid or letter of
12intent in response to a request for proposal or other bid
13submission, the contractor or vendor shall include with its
14responsive documents a utilization plan that shall address how
15compliance with applicable good faith requirements set forth
16in this subsection shall be addressed.
17    Under this subsection, "good faith effort" means a
18community water supply has taken all necessary steps to comply
19with the goals of this subsection by complying with the
20following:
21        (1) Soliciting through reasonable and available means
22    the interest of a business, as defined in Section 2 of the
23    Business Enterprise for Minorities, Women, and Persons
24    with Disabilities Act, that have the capability to perform
25    the work of the contract. The community water supply must
26    solicit this interest within sufficient time to allow

 

 

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1    certified businesses to respond.
2        (2) Providing interested certified businesses with
3    adequate information about the plans, specifications, and
4    requirements of the contract, including addenda, in a
5    timely manner to assist them in responding to the
6    solicitation.
7        (3) Meeting in good faith with interested certified
8    businesses that have submitted bids.
9        (4) Effectively using the services of the State,
10    minority or women community organizations, minority or
11    women contractor groups, local, State, and federal
12    minority or women business assistance offices, and other
13    organizations to provide assistance in the recruitment and
14    placement of certified businesses.
15        (5) Making efforts to use appropriate forums for
16    purposes of advertising subcontracting opportunities
17    suitable for certified businesses.
18    The diversity goals defined in this subsection can be met
19through direct award to diverse contractors and through the
20use of diverse subcontractors and diverse vendors to
21contracts.
22    (o) An owner or operator of a community water supply shall
23collect data necessary to ensure compliance with subsection
24(n) no less than semi-annually and shall include progress
25toward compliance of subsection (n) in the owner or operator's
26report required under subsection (t-5). The report must

 

 

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1include data on vendor and employee diversity, including data
2on the owner's or operator's implementation of subsection (n).
3    (p) Every owner or operator of a community water supply
4that has known or suspected lead service lines shall:
5        (1) create a plan to:
6            (A) replace each lead service line connected to
7        its distribution system; and
8            (B) replace each galvanized service line connected
9        to its distribution system, if the galvanized service
10        line is or was connected downstream to lead piping;
11        and
12        (2) electronically submit, by April 15, 2024 its
13    initial lead service line replacement plan to the Agency;
14        (3) electronically submit by April 15 of each year
15    after 2024 until April 15, 2027 an updated lead service
16    line replacement plan to the Agency for review; the
17    updated replacement plan shall account for changes in the
18    number of lead service lines or unknown service lines in
19    the material inventory described in subsection (d);
20        (4) electronically submit by April 15, 2027 a complete
21    and final replacement plan to the Agency for approval; the
22    complete and final replacement plan shall account for all
23    known and suspected lead service lines documented in the
24    final material inventory described under paragraph (3) of
25    subsection (d); and
26        (5) post on its website a copy of the plan most

 

 

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1    recently submitted to the Agency or may request that the
2    Agency post a copy of that plan on the Agency's website.
3    (q) Each plan required under paragraph (1) of subsection
4(p) shall include the following:
5        (1) the name and identification number of the
6    community water supply;
7        (2) the total number of service lines connected to the
8    distribution system of the community water supply;
9        (3) the total number of suspected lead service lines
10    connected to the distribution system of the community
11    water supply;
12        (4) the total number of known lead service lines
13    connected to the distribution system of the community
14    water supply;
15        (5) the total number of lead service lines connected
16    to the distribution system of the community water supply
17    that have been replaced each year beginning in 2020;
18        (6) a proposed lead service line replacement schedule
19    that includes one-year, 5-year, 10-year, 15-year, 20-year,
20    25-year, and 30-year goals;
21        (7) an analysis of costs and financing options for
22    replacing the lead service lines connected to the
23    community water supply's distribution system, which shall
24    include, but shall not be limited to:
25            (A) a detailed accounting of costs associated with
26        replacing lead service lines and galvanized lines that

 

 

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1        are or were connected downstream to lead piping;
2            (B) measures to address affordability and prevent
3        service shut-offs for customers or ratepayers; and
4            (C) consideration of different scenarios for
5        structuring payments between the utility and its
6        customers over time; and
7        (8) a plan for prioritizing high-risk facilities, such
8    as preschools, day care centers, day care homes, group day
9    care homes, parks, playgrounds, hospitals, and clinics, as
10    well as high-risk areas identified by the community water
11    supply;
12        (9) a map of the areas where lead service lines are
13    expected to be found and the sequence with which those
14    areas will be inventoried and lead service lines replaced;
15        (10) measures for how the community water supply will
16    inform the public of the plan and provide opportunity for
17    public comment; and
18        (11) measures to encourage diversity in hiring in the
19    workforce required to implement the plan as identified
20    under subsection (n).
21    (r) The Agency shall review final plans submitted to it
22under subsection (p). The Agency shall approve a final plan if
23the final plan includes all of the elements set forth under
24subsection (q) and the Agency determines that:
25        (1) the proposed lead service line replacement
26    schedule set forth in the plan aligns with the timeline

 

 

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1    requirements set forth under subsection (v);
2        (2) the plan prioritizes the replacement of lead
3    service lines that provide water service to high-risk
4    facilities, such as preschools, day care centers, day care
5    homes, group day care homes, parks, playgrounds,
6    hospitals, and clinics, and high-risk areas identified by
7    the community water supply;
8        (3) the plan includes analysis of cost and financing
9    options; and
10        (4) the plan provides documentation of public review.
11    (s) An owner or operator of a community water supply has no
12duty to include in the plans required under subsection (p)
13information about service lines that are physically
14disconnected from a water main in its distribution system.
15    (t) If a community water supply does not deliver a
16complete plan to the Agency by April 15, 2027, the community
17water supply may apply to the Agency for an extension no less
18than 3 months prior to the due date. The Agency shall develop
19criteria for granting plan extensions. When considering
20requests for extension, the Agency shall, at a minimum,
21consider:
22        (1) the number of service connections in a water
23    supply; and
24        (2) the number of service lines of an unknown material
25    composition.
26    (t-5) After the Agency has approved the final replacement

 

 

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1plan described in subsection (p), the owner or operator of a
2community water supply shall submit a report detailing
3progress toward plan goals to the Agency for its review. The
4report shall be submitted annually for the first 10 years, and
5every 3 years thereafter until all lead service lines have
6been replaced. Reports under this subsection shall be
7published in the same manner described in subsection (l). The
8report shall include at least the following information as it
9pertains to the preceding reporting period:
10        (1) The number of lead service lines replaced and the
11    average cost of lead service line replacement.
12        (2) Progress toward meeting hiring requirements as
13    described in subsection (n) and subsection (o).
14        (3) The percent of customers electing a waiver
15    offered, as described in subsections (ii) and (jj), among
16    those customers receiving a request or notification to
17    perform a lead service line replacement.
18        (4) The method or methods used by the community water
19    supply to finance lead service line replacement.
20    (u) Notwithstanding any other provision of law, in order
21to provide for costs associated with lead service line
22remediation and replacement, the corporate authorities of a
23municipality may, by ordinance or resolution by the corporate
24authorities, exercise authority provided in Section 27-5 et
25seq. of the Property Tax Code and Sections 8-3-1, 8-11-1,
268-11-5, 8-11-6, 9-1-1 et seq., 9-3-1 et seq., 9-4-1 et seq.,

 

 

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111-131-1, and 11-150-1 of the Illinois Municipal Code. Taxes
2levied for this purpose shall be in addition to taxes for
3general purposes authorized under Section 8-3-1 of the
4Illinois Municipal Code and shall be included in the taxing
5district's aggregate extension for the purposes of Division 5
6of Article 18 of the Property Tax Code.
7    (v) Every owner or operator of a community water supply
8shall replace all known lead service lines, subject to the
9requirements of subsection (ff), according to the following
10replacement rates and timelines to be calculated from the date
11of submission of the final replacement plan to the Agency:
12        (1) A community water supply reporting 1,200 or fewer
13    lead service lines in its final inventory and replacement
14    plan shall replace all lead service lines, at an annual
15    rate of no less than 7% of the amount described in the
16    final inventory, with a timeline of up to 15 years for
17    completion.
18        (2) A community water supply reporting more than 1,200
19    but fewer than 5,000 lead service lines in its final
20    inventory and replacement plan shall replace all lead
21    service lines, at an annual rate of no less than 6% of the
22    amount described in the final inventory, with a timeline
23    of up to 17 years for completion.
24        (3) A community water supply reporting more than 4,999
25    but fewer than 10,000 lead service lines in its final
26    inventory and replacement plan shall replace all lead

 

 

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1    service lines, at an annual rate of no less than 5% of the
2    amount described in the final inventory, with a timeline
3    of up to 20 years for completion.
4        (4) A community water supply reporting more than 9,999
5    but fewer than 99,999 lead service lines in its final
6    inventory and replacement plan shall replace all lead
7    service lines, at an annual rate of no less than 3% of the
8    amount described in the final inventory, with a timeline
9    of up to 34 years for completion.
10        (5) A community water supply reporting more than
11    99,999 lead service lines in its final inventory and
12    replacement plan shall replace all lead service lines, at
13    an annual rate of no less than 2% of the amount described
14    in the final inventory, with a timeline of up to 50 years
15    for completion.
16    (w) A community water supply may apply to the Agency for an
17extension to the replacement timelines described in paragraphs
18(1) through (5) of subsection (v). The Agency shall develop
19criteria for granting replacement timeline extensions. When
20considering requests for timeline extensions, the Agency
21shall, at a minimum, consider:
22        (1) the number of service connections in a water
23    supply; and
24        (2) unusual circumstances creating hardship for a
25    community.
26    The Agency may grant one extension of additional time

 

 

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1equal to not more than 20% of the original replacement
2timeline, except in situations of extreme hardship in which
3the Agency may consider a second additional extension equal to
4not more than 10% of the original replacement timeline.
5    Replacement rates and timelines shall be calculated from
6the date of submission of the final plan to the Agency.
7    (x) The Lead Service Line Replacement Advisory Board is
8created within the Agency. The Advisory Board shall convene
9within 120 days after January 1, 2022 (the effective date of
10Public Act 102-613).
11    The Advisory Board shall consist of at least 28 voting
12members, as follows:
13        (1) the Director of the Agency, or his or her
14    designee, who shall serve as chairperson;
15        (2) the Director of Revenue, or his or her designee;
16        (3) the Director of Public Health, or his or her
17    designee;
18        (4) fifteen members appointed by the Agency as
19    follows:
20            (A) one member representing a statewide
21        organization of municipalities as authorized by
22        Section 1-8-1 of the Illinois Municipal Code;
23            (B) two members who are mayors representing
24        municipalities located in any county south of the
25        southernmost county represented by one of the 10
26        largest municipalities in Illinois by population, or

 

 

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1        their respective designees;
2            (C) two members who are representatives from
3        public health advocacy groups;
4            (D) two members who are representatives from
5        publicly owned publicly-owned water utilities;
6            (E) one member who is a representative from a
7        public utility as defined under Section 3-105 of the
8        Public Utilities Act that provides water service in
9        the State of Illinois;
10            (F) one member who is a research professional
11        employed at an Illinois academic institution and
12        specializing in water infrastructure research;
13            (G) two members who are representatives from
14        nonprofit civic organizations;
15            (H) one member who is a representative from a
16        statewide organization representing environmental
17        organizations;
18            (I) two members who are representatives from
19        organized labor; and
20            (J) one member representing an environmental
21        justice organization; and
22        (5) ten members who are the mayors of the 10 largest
23    municipalities in Illinois by population, or their
24    respective designees.
25    No less than 10 of the 28 voting members shall be persons
26of color, and no less than 3 shall represent communities

 

 

HB4844 Engrossed- 1528 -LRB103 39009 AMC 69146 b

1defined or self-identified as environmental justice
2communities.
3    Advisory Board members shall serve without compensation,
4but may be reimbursed for necessary expenses incurred in the
5performance of their duties from funds appropriated for that
6purpose. The Agency shall provide administrative support to
7the Advisory Board.
8    The Advisory Board shall meet no less than once every 6
9months.
10    (y) The Advisory Board shall have, at a minimum, the
11following duties:
12        (1) advising the Agency on best practices in lead
13    service line replacement;
14        (2) reviewing the progress of community water supplies
15    toward lead service line replacement goals;
16        (3) advising the Agency on other matters related to
17    the administration of the provisions of this Section;
18        (4) advising the Agency on the integration of existing
19    lead service line replacement plans with any statewide
20    plan; and
21        (5) providing technical support and practical
22    expertise in general.
23    (z) Within 18 months after January 1, 2022 (the effective
24date of Public Act 102-613), the Advisory Board shall deliver
25a report of its recommendations to the Governor and the
26General Assembly concerning opportunities for dedicated,

 

 

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1long-term revenue options for funding lead service line
2replacement. In submitting recommendations, the Advisory Board
3shall consider, at a minimum, the following:
4        (1) the sufficiency of various revenue sources to
5    adequately fund replacement of all lead service lines in
6    Illinois;
7        (2) the financial burden, if any, on households
8    falling below 150% of the federal poverty limit;
9        (3) revenue options that guarantee low-income
10    households are protected from rate increases;
11        (4) an assessment of the ability of community water
12    supplies to assess and collect revenue;
13        (5) variations in financial resources among individual
14    households within a service area; and
15        (6) the protection of low-income households from rate
16    increases.
17    (aa) Within 10 years after January 1, 2022 (the effective
18date of Public Act 102-613), the Advisory Board shall prepare
19and deliver a report to the Governor and General Assembly
20concerning the status of all lead service line replacement
21within the State.
22    (bb) The Lead Service Line Replacement Fund is created as
23a special fund in the State treasury to be used by the Agency
24for the purposes provided under this Section. The Fund shall
25be used exclusively to finance and administer programs and
26activities specified under this Section and listed under this

 

 

HB4844 Engrossed- 1530 -LRB103 39009 AMC 69146 b

1subsection.
2    The objective of the Fund is to finance activities
3associated with identifying and replacing lead service lines,
4build Agency capacity to oversee the provisions of this
5Section, and provide related assistance for the activities
6listed under this subsection.
7    The Agency shall be responsible for the administration of
8the Fund and shall allocate moneys on the basis of priorities
9established by the Agency through administrative rule. On July
101, 2022 and on July 1 of each year thereafter, the Agency shall
11determine the available amount of resources in the Fund that
12can be allocated to the activities identified under this
13Section and shall allocate the moneys accordingly.
14    Notwithstanding any other law to the contrary, the Lead
15Service Line Replacement Fund is not subject to sweeps,
16administrative charge-backs, or any other fiscal maneuver that
17would in any way transfer any amounts from the Lead Service
18Line Replacement Fund into any other fund of the State.
19    (cc) Within one year after January 1, 2022 (the effective
20date of Public Act 102-613), the Agency shall design rules for
21a program for the purpose of administering lead service line
22replacement funds. The rules must, at minimum, contain:
23        (1) the process by which community water supplies may
24    apply for funding; and
25        (2) the criteria for determining unit of local
26    government eligibility and prioritization for funding,

 

 

HB4844 Engrossed- 1531 -LRB103 39009 AMC 69146 b

1    including the prevalence of low-income households, as
2    measured by median household income, the prevalence of
3    lead service lines, and the prevalence of water samples
4    that demonstrate elevated levels of lead.
5    (dd) Funding under subsection (cc) shall be available for
6costs directly attributable to the planning, design, or
7construction directly related to the replacement of lead
8service lines and restoration of property.
9    Funding shall not be used for the general operating
10expenses of a municipality or community water supply.
11    (ee) An owner or operator of any community water supply
12receiving grant funding under subsection (cc) shall bear the
13entire expense of full lead service line replacement for all
14lead service lines in the scope of the grant.
15    (ff) When replacing a lead service line, the owner or
16operator of the community water supply shall replace the
17service line in its entirety, including, but not limited to,
18any portion of the service line (i) running on private
19property and (ii) within the building's plumbing at the first
20shut-off valve. Partial lead service line replacements are
21expressly prohibited. Exceptions shall be made under the
22following circumstances:
23        (1) In the event of an emergency repair that affects a
24    lead service line or a suspected lead service line, a
25    community water supply must contact the building owner to
26    begin the process of replacing the entire service line. If

 

 

HB4844 Engrossed- 1532 -LRB103 39009 AMC 69146 b

1    the building owner is not able to be contacted or the
2    building owner or occupant refuses to grant access and
3    permission to replace the entire service line at the time
4    of the emergency repair, then the community water supply
5    may perform a partial lead service line replacement. Where
6    an emergency repair on a service line constructed of lead
7    or galvanized steel pipe results in a partial service line
8    replacement, the water supply responsible for commencing
9    the repair shall perform the following:
10            (A) Notify the building's owner or operator and
11        the resident or residents served by the lead service
12        line in writing that a repair has been completed. The
13        notification shall include, at a minimum:
14                (i) a warning that the work may result in
15            sediment, possibly containing lead, in the
16            building's buildings water supply system;
17                (ii) information concerning practices for
18            preventing the consumption of any lead in drinking
19            water, including a recommendation to flush water
20            distribution pipe during and after the completion
21            of the repair or replacement work and to clean
22            faucet aerator screens; and
23                (iii) information regarding the dangers of
24            lead to young children and pregnant women.
25            (B) Provide filters for at least one fixture
26        supplying potable water for consumption. The filter

 

 

HB4844 Engrossed- 1533 -LRB103 39009 AMC 69146 b

1        must be certified by an accredited third-party
2        certification body to NSF/ANSI 53 and NSF/ANSI 42 for
3        the reduction of lead and particulate. The filter must
4        be provided until such time that the remaining
5        portions of the service line have been replaced with a
6        material approved by the Department or a waiver has
7        been issued under subsection (ii).
8            (C) Replace the remaining portion of the lead
9        service line within 30 days of the repair, or 120 days
10        in the event of weather or other circumstances beyond
11        reasonable control that prohibits construction. If a
12        complete lead service line replacement cannot be made
13        within the required period, the community water supply
14        responsible for commencing the repair shall notify the
15        Department in writing, at a minimum, of the following
16        within 24 hours of the repair:
17                (i) an explanation of why it is not feasible
18            to replace the remaining portion of the lead
19            service line within the allotted time; and
20                (ii) a timeline for when the remaining portion
21            of the lead service line will be replaced.
22            (D) If complete repair of a lead service line
23        cannot be completed due to denial by the property
24        owner, the community water supply commencing the
25        repair shall request the affected property owner to
26        sign a waiver developed by the Department. If a

 

 

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1        property owner of a nonresidential building or
2        residence operating as rental properties denies a
3        complete lead service line replacement, the property
4        owner shall be responsible for installing and
5        maintaining point-of-use filters certified by an
6        accredited third-party certification body to NSF/ANSI
7        53 and NSF/ANSI 42 for the reduction of lead and
8        particulate at all fixtures intended to supply water
9        for the purposes of drinking, food preparation, or
10        making baby formula. The filters shall continue to be
11        supplied by the property owner until such time that
12        the property owner has affected the remaining portions
13        of the lead service line to be replaced.
14            (E) Document any remaining lead service line,
15        including a portion on the private side of the
16        property, in the community water supply's distribution
17        system materials inventory required under subsection
18        (d).
19        For the purposes of this paragraph (1), written notice
20    shall be provided in the method and according to the
21    provisions of subsection (jj).
22        (2) Lead service lines that are physically
23    disconnected from the distribution system are exempt from
24    this subsection.
25    (gg) Except as provided in subsection (hh), on and after
26January 1, 2022, when the owner or operator of a community

 

 

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1water supply replaces a water main, the community water supply
2shall identify all lead service lines connected to the water
3main and shall replace the lead service lines by:
4        (1) identifying the material or materials of each lead
5    service line connected to the water main, including, but
6    not limited to, any portion of the service line (i)
7    running on private property and (ii) within the building
8    plumbing at the first shut-off valve or 18 inches inside
9    the building, whichever is shorter;
10        (2) in conjunction with replacement of the water main,
11    replacing any and all portions of each lead service line
12    connected to the water main that are composed of lead; and
13        (3) if a property owner or customer refuses to grant
14    access to the property, following prescribed notice
15    provisions as outlined in subsection (ff).
16    If an owner of a potentially affected building intends to
17replace a portion of a lead service line or a galvanized
18service line and the galvanized service line is or was
19connected downstream to lead piping, then the owner of the
20potentially affected building shall provide the owner or
21operator of the community water supply with notice at least 45
22days before commencing the work. In the case of an emergency
23repair, the owner of the potentially affected building must
24provide filters for each kitchen area that are certified by an
25accredited third-party certification body to NSF/ANSI 53 and
26NSF/ANSI 42 for the reduction of lead and particulate. If the

 

 

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1owner of the potentially affected building notifies the owner
2or operator of the community water supply that replacement of
3a portion of the lead service line after the emergency repair
4is completed, then the owner or operator of the community
5water supply shall replace the remainder of the lead service
6line within 30 days after completion of the emergency repair.
7A community water supply may take up to 120 days if necessary
8due to weather conditions. If a replacement takes longer than
930 days, filters provided by the owner of the potentially
10affected building must be replaced in accordance with the
11manufacturer's recommendations. Partial lead service line
12replacements by the owners of potentially affected buildings
13are otherwise prohibited.
14    (hh) For municipalities with a population in excess of
151,000,000 inhabitants, the requirements of subsection (gg)
16shall commence on January 1, 2023.
17    (ii) At least 45 days before conducting planned lead
18service line replacement, the owner or operator of a community
19water supply shall, by mail, attempt to contact the owner of
20the potentially affected building serviced by the lead service
21line to request access to the building and permission to
22replace the lead service line in accordance with the lead
23service line replacement plan. If the owner of the potentially
24affected building does not respond to the request within 15
25days after the request is sent, the owner or operator of the
26community water supply shall attempt to post the request on

 

 

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1the entrance of the potentially affected building.
2    If the owner or operator of a community water supply is
3unable to obtain approval to access and replace a lead service
4line, the owner or operator of the community water supply
5shall request that the owner of the potentially affected
6building sign a waiver. The waiver shall be developed by the
7Department and should be made available in the owner's
8language. If the owner of the potentially affected building
9refuses to sign the waiver or fails to respond to the community
10water supply after the community water supply has complied
11with this subsection, then the community water supply shall
12notify the Department in writing within 15 working days.
13    (jj) When replacing a lead service line or repairing or
14replacing water mains with lead service lines or partial lead
15service lines attached to them, the owner or operator of a
16community water supply shall provide the owner of each
17potentially affected building that is serviced by the affected
18lead service lines or partial lead service lines, as well as
19the occupants of those buildings, with an individual written
20notice. The notice shall be delivered by mail or posted at the
21primary entranceway of the building. The notice must, in
22addition, be electronically mailed where an electronic mailing
23address is known or can be reasonably obtained. Written notice
24shall include, at a minimum, the following:
25        (1) a warning that the work may result in sediment,
26    possibly containing lead from the service line, in the

 

 

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1    building's water;
2        (2) information concerning the best practices for
3    preventing exposure to or risk of consumption of lead in
4    drinking water, including a recommendation to flush water
5    lines during and after the completion of the repair or
6    replacement work and to clean faucet aerator screens; and
7        (3) information regarding the dangers of lead exposure
8    to young children and pregnant women.
9    When the individual written notice described in the first
10paragraph of this subsection is required as a result of
11planned work other than the repair or replacement of a water
12meter, the owner or operator of the community water supply
13shall provide the notice not less than 14 days before work
14begins. When the individual written notice described in the
15first paragraph of this subsection is required as a result of
16emergency repairs other than the repair or replacement of a
17water meter, the owner or operator of the community water
18supply shall provide the notice at the time the work is
19initiated. When the individual written notice described in the
20first paragraph of this subsection is required as a result of
21the repair or replacement of a water meter, the owner or
22operator of the community water supply shall provide the
23notice at the time the work is initiated.
24    The notifications required under this subsection must
25contain the following statement in Spanish, Polish, Chinese,
26Tagalog, Arabic, Korean, German, Urdu, and Gujarati: "This

 

 

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1notice contains important information about your water service
2and may affect your rights. We encourage you to have this
3notice translated in full into a language you understand and
4before you make any decisions that may be required under this
5notice."
6    An owner or operator of a community water supply that is
7required under this subsection to provide an individual
8written notice to the owner and occupant of a potentially
9affected building that is a multi-dwelling building may
10satisfy that requirement and the requirements of this
11subsection regarding notification to non-English speaking
12customers by posting the required notice on the primary
13entranceway of the building and at the location where the
14occupant's mail is delivered as reasonably as possible.
15    When this subsection would require the owner or operator
16of a community water supply to provide an individual written
17notice to the entire community served by the community water
18supply or would require the owner or operator of a community
19water supply to provide individual written notices as a result
20of emergency repairs or when the community water supply that
21is required to comply with this subsection is a small system,
22the owner or operator of the community water supply may
23provide the required notice through local media outlets,
24social media, or other similar means in lieu of providing the
25individual written notices otherwise required under this
26subsection.

 

 

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1    No notifications are required under this subsection for
2work performed on water mains that are used to transmit
3treated water between community water supplies and properties
4that have no service connections.
5    (kk) No community water supply that sells water to any
6wholesale or retail consecutive community water supply may
7pass on any costs associated with compliance with this Section
8to consecutive systems.
9    (ll) To the extent allowed by law, when a community water
10supply replaces or installs a lead service line in a public
11right-of-way or enters into an agreement with a private
12contractor for replacement or installation of a lead service
13line, the community water supply shall be held harmless for
14all damage to property when replacing or installing the lead
15service line. If dangers are encountered that prevent the
16replacement of the lead service line, the community water
17supply shall notify the Department within 15 working days of
18why the replacement of the lead service line could not be
19accomplished.
20    (mm) The Agency may propose to the Board, and the Board may
21adopt, any rules necessary to implement and administer this
22Section. The Department may adopt rules necessary to address
23lead service lines attached to non-community water supplies.
24    (nn) Notwithstanding any other provision in this Section,
25no requirement in this Section shall be construed as being
26less stringent than existing applicable federal requirements.

 

 

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1    (oo) All lead service line replacements financed in whole
2or in part with funds obtained under this Section shall be
3considered public works for purposes of the Prevailing Wage
4Act.
5    (pp) Beginning in 2023, each municipality with a
6population of more than 1,000,000 inhabitants shall publicly
7post on its website data describing progress the municipality
8has made toward replacing lead service lines within the
9municipality. The data required to be posted under this
10subsection shall be the same information required to be
11reported under paragraphs (1) through (4) of subsection (t-5)
12of this Section. Beginning in 2024, each municipality that is
13subject to this subsection shall annually update the data
14posted on its website under this subsection. A municipality's
15duty to post data under this subsection terminates only when
16all lead service lines within the municipality have been
17replaced. Nothing in this subsection (pp) shall be construed
18to replace, undermine, conflict with, or otherwise amend the
19responsibilities and requirements set forth in subsection
20(t-5) of this Section.
21(Source: P.A. 102-613, eff. 1-1-22; 102-813, eff. 5-13-22;
22103-167, eff. 6-30-23; revised 9-20-23.)
 
23    (415 ILCS 5/22.15)
24    Sec. 22.15. Solid Waste Management Fund; fees.
25    (a) There is hereby created within the State Treasury a

 

 

HB4844 Engrossed- 1542 -LRB103 39009 AMC 69146 b

1special fund to be known as the Solid Waste Management Fund, to
2be constituted from the fees collected by the State pursuant
3to this Section, from repayments of loans made from the Fund
4for solid waste projects, from registration fees collected
5pursuant to the Consumer Electronics Recycling Act, from fees
6collected under the Paint Stewardship Act, and from amounts
7transferred into the Fund pursuant to Public Act 100-433.
8Moneys received by either the Agency or the Department of
9Commerce and Economic Opportunity in repayment of loans made
10pursuant to the Illinois Solid Waste Management Act shall be
11deposited into the General Revenue Fund.
12    (b) The Agency shall assess and collect a fee in the amount
13set forth herein from the owner or operator of each sanitary
14landfill permitted or required to be permitted by the Agency
15to dispose of solid waste if the sanitary landfill is located
16off the site where such waste was produced and if such sanitary
17landfill is owned, controlled, and operated by a person other
18than the generator of such waste. The Agency shall deposit all
19fees collected into the Solid Waste Management Fund. If a site
20is contiguous to one or more landfills owned or operated by the
21same person, the volumes permanently disposed of by each
22landfill shall be combined for purposes of determining the fee
23under this subsection. Beginning on July 1, 2018, and on the
24first day of each month thereafter during fiscal years 2019
25through 2024, the State Comptroller shall direct and State
26Treasurer shall transfer an amount equal to 1/12 of $5,000,000

 

 

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1per fiscal year from the Solid Waste Management Fund to the
2General Revenue Fund.
3        (1) If more than 150,000 cubic yards of non-hazardous
4    solid waste is permanently disposed of at a site in a
5    calendar year, the owner or operator shall either pay a
6    fee of 95 cents per cubic yard or, alternatively, the
7    owner or operator may weigh the quantity of the solid
8    waste permanently disposed of with a device for which
9    certification has been obtained under the Weights and
10    Measures Act and pay a fee of $2.00 per ton of solid waste
11    permanently disposed of. In no case shall the fee
12    collected or paid by the owner or operator under this
13    paragraph exceed $1.55 per cubic yard or $3.27 per ton.
14        (2) If more than 100,000 cubic yards but not more than
15    150,000 cubic yards of non-hazardous waste is permanently
16    disposed of at a site in a calendar year, the owner or
17    operator shall pay a fee of $52,630.
18        (3) If more than 50,000 cubic yards but not more than
19    100,000 cubic yards of non-hazardous solid waste is
20    permanently disposed of at a site in a calendar year, the
21    owner or operator shall pay a fee of $23,790.
22        (4) If more than 10,000 cubic yards but not more than
23    50,000 cubic yards of non-hazardous solid waste is
24    permanently disposed of at a site in a calendar year, the
25    owner or operator shall pay a fee of $7,260.
26        (5) If not more than 10,000 cubic yards of

 

 

HB4844 Engrossed- 1544 -LRB103 39009 AMC 69146 b

1    non-hazardous solid waste is permanently disposed of at a
2    site in a calendar year, the owner or operator shall pay a
3    fee of $1050.
4    (c) (Blank).
5    (d) The Agency shall establish rules relating to the
6collection of the fees authorized by this Section. Such rules
7shall include, but not be limited to:
8        (1) necessary records identifying the quantities of
9    solid waste received or disposed;
10        (2) the form and submission of reports to accompany
11    the payment of fees to the Agency;
12        (3) the time and manner of payment of fees to the
13    Agency, which payments shall not be more often than
14    quarterly; and
15        (4) procedures setting forth criteria establishing
16    when an owner or operator may measure by weight or volume
17    during any given quarter or other fee payment period.
18    (e) Pursuant to appropriation, all monies in the Solid
19Waste Management Fund shall be used by the Agency for the
20purposes set forth in this Section and in the Illinois Solid
21Waste Management Act, including for the costs of fee
22collection and administration, for administration of the Paint
23Stewardship Act, and for the administration of the Consumer
24Electronics Recycling Act, the Drug Take-Back Act, and the
25Statewide Recycling Needs Assessment Act.
26    (f) The Agency is authorized to enter into such agreements

 

 

HB4844 Engrossed- 1545 -LRB103 39009 AMC 69146 b

1and to promulgate such rules as are necessary to carry out its
2duties under this Section and the Illinois Solid Waste
3Management Act.
4    (g) On the first day of January, April, July, and October
5of each year, beginning on July 1, 1996, the State Comptroller
6and Treasurer shall transfer $500,000 from the Solid Waste
7Management Fund to the Hazardous Waste Fund. Moneys
8transferred under this subsection (g) shall be used only for
9the purposes set forth in item (1) of subsection (d) of Section
1022.2.
11    (h) The Agency is authorized to provide financial
12assistance to units of local government for the performance of
13inspecting, investigating, and enforcement activities pursuant
14to subsection (r) of Section 4 at nonhazardous solid waste
15disposal sites.
16    (i) The Agency is authorized to conduct household waste
17collection and disposal programs.
18    (j) A unit of local government, as defined in the Local
19Solid Waste Disposal Act, in which a solid waste disposal
20facility is located may establish a fee, tax, or surcharge
21with regard to the permanent disposal of solid waste. All
22fees, taxes, and surcharges collected under this subsection
23shall be utilized for solid waste management purposes,
24including long-term monitoring and maintenance of landfills,
25planning, implementation, inspection, enforcement and other
26activities consistent with the Solid Waste Management Act and

 

 

HB4844 Engrossed- 1546 -LRB103 39009 AMC 69146 b

1the Local Solid Waste Disposal Act, or for any other
2environment-related purpose, including, but not limited to, an
3environment-related public works project, but not for the
4construction of a new pollution control facility other than a
5household hazardous waste facility. However, the total fee,
6tax or surcharge imposed by all units of local government
7under this subsection (j) upon the solid waste disposal
8facility shall not exceed:
9        (1) 60¢ per cubic yard if more than 150,000 cubic
10    yards of non-hazardous solid waste is permanently disposed
11    of at the site in a calendar year, unless the owner or
12    operator weighs the quantity of the solid waste received
13    with a device for which certification has been obtained
14    under the Weights and Measures Act, in which case the fee
15    shall not exceed $1.27 per ton of solid waste permanently
16    disposed of.
17        (2) $33,350 if more than 100,000 cubic yards, but not
18    more than 150,000 cubic yards, of non-hazardous waste is
19    permanently disposed of at the site in a calendar year.
20        (3) $15,500 if more than 50,000 cubic yards, but not
21    more than 100,000 cubic yards, of non-hazardous solid
22    waste is permanently disposed of at the site in a calendar
23    year.
24        (4) $4,650 if more than 10,000 cubic yards, but not
25    more than 50,000 cubic yards, of non-hazardous solid waste
26    is permanently disposed of at the site in a calendar year.

 

 

HB4844 Engrossed- 1547 -LRB103 39009 AMC 69146 b

1        (5) $650 if not more than 10,000 cubic yards of
2    non-hazardous solid waste is permanently disposed of at
3    the site in a calendar year.
4    The corporate authorities of the unit of local government
5may use proceeds from the fee, tax, or surcharge to reimburse a
6highway commissioner whose road district lies wholly or
7partially within the corporate limits of the unit of local
8government for expenses incurred in the removal of
9nonhazardous, nonfluid municipal waste that has been dumped on
10public property in violation of a State law or local
11ordinance.
12    For the disposal of solid waste from general construction
13or demolition debris recovery facilities as defined in
14subsection (a-1) of Section 3.160, the total fee, tax, or
15surcharge imposed by all units of local government under this
16subsection (j) upon the solid waste disposal facility shall
17not exceed 50% of the applicable amount set forth above. A unit
18of local government, as defined in the Local Solid Waste
19Disposal Act, in which a general construction or demolition
20debris recovery facility is located may establish a fee, tax,
21or surcharge on the general construction or demolition debris
22recovery facility with regard to the permanent disposal of
23solid waste by the general construction or demolition debris
24recovery facility at a solid waste disposal facility, provided
25that such fee, tax, or surcharge shall not exceed 50% of the
26applicable amount set forth above, based on the total amount

 

 

HB4844 Engrossed- 1548 -LRB103 39009 AMC 69146 b

1of solid waste transported from the general construction or
2demolition debris recovery facility for disposal at solid
3waste disposal facilities, and the unit of local government
4and fee shall be subject to all other requirements of this
5subsection (j).
6    A county or Municipal Joint Action Agency that imposes a
7fee, tax, or surcharge under this subsection may use the
8proceeds thereof to reimburse a municipality that lies wholly
9or partially within its boundaries for expenses incurred in
10the removal of nonhazardous, nonfluid municipal waste that has
11been dumped on public property in violation of a State law or
12local ordinance.
13    If the fees are to be used to conduct a local sanitary
14landfill inspection or enforcement program, the unit of local
15government must enter into a written delegation agreement with
16the Agency pursuant to subsection (r) of Section 4. The unit of
17local government and the Agency shall enter into such a
18written delegation agreement within 60 days after the
19establishment of such fees. At least annually, the Agency
20shall conduct an audit of the expenditures made by units of
21local government from the funds granted by the Agency to the
22units of local government for purposes of local sanitary
23landfill inspection and enforcement programs, to ensure that
24the funds have been expended for the prescribed purposes under
25the grant.
26    The fees, taxes or surcharges collected under this

 

 

HB4844 Engrossed- 1549 -LRB103 39009 AMC 69146 b

1subsection (j) shall be placed by the unit of local government
2in a separate fund, and the interest received on the moneys in
3the fund shall be credited to the fund. The monies in the fund
4may be accumulated over a period of years to be expended in
5accordance with this subsection.
6    A unit of local government, as defined in the Local Solid
7Waste Disposal Act, shall prepare and post on its website, in
8April of each year, a report that details spending plans for
9monies collected in accordance with this subsection. The
10report will at a minimum include the following:
11        (1) The total monies collected pursuant to this
12    subsection.
13        (2) The most current balance of monies collected
14    pursuant to this subsection.
15        (3) An itemized accounting of all monies expended for
16    the previous year pursuant to this subsection.
17        (4) An estimation of monies to be collected for the
18    following 3 years pursuant to this subsection.
19        (5) A narrative detailing the general direction and
20    scope of future expenditures for one, 2 and 3 years.
21    The exemptions granted under Sections 22.16 and 22.16a,
22and under subsection (k) of this Section, shall be applicable
23to any fee, tax or surcharge imposed under this subsection
24(j); except that the fee, tax or surcharge authorized to be
25imposed under this subsection (j) may be made applicable by a
26unit of local government to the permanent disposal of solid

 

 

HB4844 Engrossed- 1550 -LRB103 39009 AMC 69146 b

1waste after December 31, 1986, under any contract lawfully
2executed before June 1, 1986 under which more than 150,000
3cubic yards (or 50,000 tons) of solid waste is to be
4permanently disposed of, even though the waste is exempt from
5the fee imposed by the State under subsection (b) of this
6Section pursuant to an exemption granted under Section 22.16.
7    (k) In accordance with the findings and purposes of the
8Illinois Solid Waste Management Act, beginning January 1, 1989
9the fee under subsection (b) and the fee, tax or surcharge
10under subsection (j) shall not apply to:
11        (1) waste which is hazardous waste;
12        (2) waste which is pollution control waste;
13        (3) waste from recycling, reclamation or reuse
14    processes which have been approved by the Agency as being
15    designed to remove any contaminant from wastes so as to
16    render such wastes reusable, provided that the process
17    renders at least 50% of the waste reusable; the exemption
18    set forth in this paragraph (3) of this subsection (k)
19    shall not apply to general construction or demolition
20    debris recovery facilities as defined in subsection (a-1)
21    of Section 3.160;
22        (4) non-hazardous solid waste that is received at a
23    sanitary landfill and composted or recycled through a
24    process permitted by the Agency; or
25        (5) any landfill which is permitted by the Agency to
26    receive only demolition or construction debris or

 

 

HB4844 Engrossed- 1551 -LRB103 39009 AMC 69146 b

1    landscape waste.
2(Source: P.A. 102-16, eff. 6-17-21; 102-310, eff. 8-6-21;
3102-444, eff. 8-20-21; 102-699, eff. 4-19-22; 102-813, eff.
45-13-22; 102-1055, eff. 6-10-22; 103-8, eff. 6-7-23; 103-154,
5eff. 6-30-23; 103-372, eff. 1-1-24; 103-383, eff. 7-28-23;
6revised 12-15-23.)
 
7    (415 ILCS 5/31)  (from Ch. 111 1/2, par. 1031)
8    Sec. 31. Notice; complaint; hearing.
9    (a)(1) Within 180 days after becoming aware of an alleged
10violation of this the Act, any rule adopted under this the Act,
11a permit granted by the Agency, or a condition of such a
12permit, the Agency shall issue and serve, by certified mail,
13upon the person complained against a written notice informing
14that person that the Agency has evidence of the alleged
15violation. At a minimum, the written notice shall contain:
16        (A) a notification to the person complained against of
17    the requirement to submit a written response addressing
18    the violations alleged and the option to meet with
19    appropriate agency personnel to resolve any alleged
20    violations that could lead to the filing of a formal
21    complaint;
22        (B) a detailed explanation by the Agency of the
23    violations alleged;
24        (C) an explanation by the Agency of the actions that
25    the Agency believes may resolve the alleged violations,

 

 

HB4844 Engrossed- 1552 -LRB103 39009 AMC 69146 b

1    including an estimate of a reasonable time period for the
2    person complained against to complete the suggested
3    resolution; and
4        (D) an explanation of any alleged violation that the
5    Agency believes cannot be resolved without the involvement
6    of the Office of the Illinois Attorney General or the
7    State's Attorney of the county in which the alleged
8    violation occurred and the basis for the Agency's belief.
9    (2) A written response to the violations alleged shall be
10submitted to the Agency, by certified mail, within 45 days
11after receipt of notice by the person complained against, or
12within an extended time period as agreed to by the Agency and
13person complained against. The written response shall include:
14        (A) information in rebuttal, explanation, or
15    justification of each alleged violation;
16        (B) if the person complained against desires to enter
17    into a Compliance Commitment Agreement, proposed terms for
18    a Compliance Commitment Agreement that includes specified
19    times for achieving each commitment and which may consist
20    of a statement indicating that the person complained
21    against believes that compliance has been achieved; and
22        (C) a request for a meeting with appropriate Agency
23    personnel if a meeting is desired by the person complained
24    against.
25    (3) If the person complained against fails to respond in
26accordance with the requirements of subdivision (2) of this

 

 

HB4844 Engrossed- 1553 -LRB103 39009 AMC 69146 b

1subsection (a), the failure to respond shall be considered a
2waiver of the requirements of this subsection (a) and nothing
3in this Section shall preclude the Agency from proceeding
4pursuant to subsection (b) of this Section.
5    (4) A meeting requested pursuant to subdivision (2) of
6this subsection (a) shall be held without a representative of
7the Office of the Illinois Attorney General or the State's
8Attorney of the county in which the alleged violation
9occurred, within 60 days after receipt of notice by the person
10complained against, or within an extended time period as
11agreed to by the Agency and person complained against. At the
12meeting, the Agency shall provide an opportunity for the
13person complained against to respond to each alleged
14violation, suggested resolution, and suggested implementation
15time frame, and to suggest alternate resolutions.
16    (5) If a meeting requested pursuant to subdivision (2) of
17this subsection (a) is held, the person complained against
18shall, within 21 days following the meeting or within an
19extended time period as agreed to by the Agency and person
20complained against, submit by certified mail to the Agency a
21written response to the alleged violations. The written
22response shall include:
23        (A) additional information in rebuttal, explanation,
24    or justification of each alleged violation;
25        (B) if the person complained against desires to enter
26    into a Compliance Commitment Agreement, proposed terms for

 

 

HB4844 Engrossed- 1554 -LRB103 39009 AMC 69146 b

1    a Compliance Commitment Agreement that includes specified
2    times for achieving each commitment and which may consist
3    of a statement indicating that the person complained
4    against believes that compliance has been achieved; and
5        (C) a statement indicating that, should the person
6    complained against so wish, the person complained against
7    chooses to rely upon the initial written response
8    submitted pursuant to subdivision (2) of this subsection
9    (a).
10    (6) If the person complained against fails to respond in
11accordance with the requirements of subdivision (5) of this
12subsection (a), the failure to respond shall be considered a
13waiver of the requirements of this subsection (a) and nothing
14in this Section shall preclude the Agency from proceeding
15pursuant to subsection (b) of this Section.
16    (7) Within 30 days after the Agency's receipt of a written
17response submitted by the person complained against pursuant
18to subdivision (2) of this subsection (a) if a meeting is not
19requested or pursuant to subdivision (5) of this subsection
20(a) if a meeting is held, or within a later time period as
21agreed to by the Agency and the person complained against, the
22Agency shall issue and serve, by certified mail, upon the
23person complained against (i) a proposed Compliance Commitment
24Agreement or (ii) a notice that one or more violations cannot
25be resolved without the involvement of the Office of the
26Attorney General or the State's Attorney of the county in

 

 

HB4844 Engrossed- 1555 -LRB103 39009 AMC 69146 b

1which the alleged violation occurred and that no proposed
2Compliance Commitment Agreement will be issued by the Agency
3for those violations. The Agency shall include terms and
4conditions in the proposed Compliance Commitment Agreement
5that are, in its discretion, necessary to bring the person
6complained against into compliance with the Act, any rule
7adopted under the Act, any permit granted by the Agency, or any
8condition of such a permit. The Agency shall take into
9consideration the proposed terms for the proposed Compliance
10Commitment Agreement that were provided under subdivision
11(a)(2)(B) or (a)(5)(B) of this Section by the person
12complained against.
13    (7.5) Within 30 days after the receipt of the Agency's
14proposed Compliance Commitment Agreement by the person
15complained against, or within a later time period not to
16exceed an additional 30 days as agreed to by the Agency and the
17person complained against, the person shall either (i) agree
18to and sign the proposed Compliance Commitment Agreement
19provided by the Agency and submit the signed Compliance
20Commitment Agreement to the Agency by certified mail or (ii)
21notify the Agency in writing by certified mail of the person's
22rejection of the proposed Compliance Commitment Agreement. If
23the person complained against fails to respond to the proposed
24Compliance Commitment Agreement within 30 days as required
25under this paragraph, the proposed Compliance Commitment
26Agreement is deemed rejected by operation of law. Any

 

 

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1Compliance Commitment Agreement entered into under item (i) of
2this paragraph may be amended subsequently in writing by
3mutual agreement between the Agency and the signatory to the
4Compliance Commitment Agreement, the signatory's legal
5representative, or the signatory's agent.
6    (7.6) No person shall violate the terms or conditions of a
7Compliance Commitment Agreement entered into under subdivision
8(a)(7.5) of this Section. Successful completion of a
9Compliance Commitment Agreement or an amended Compliance
10Commitment Agreement shall be a factor to be weighed, in favor
11of the person completing the Agreement, by the Office of the
12Illinois Attorney General in determining whether to file a
13complaint for the violations that were the subject of the
14Agreement.
15    (7.7) Within 30 days after a Compliance Commitment
16Agreement takes effect or is amended in accordance with
17paragraph (7.5), the Agency shall publish a copy of the final
18executed Compliance Commitment Agreement on the Agency's
19website. The Agency shall maintain an Internet database of all
20Compliance Commitment Agreements entered on or after August
2124, 2018 (the effective date of Public Act 100-1080) this
22amendatory Act of the 100th General Assembly. At a minimum,
23the database shall be searchable by the following categories:
24the county in which the facility that is subject to the
25Compliance Commitment Agreement is located; the date of final
26execution of the Compliance Commitment Agreement; the name of

 

 

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1the respondent; and the media involved, including air, water,
2land, or public water supply.
3    (8) Nothing in this subsection (a) is intended to require
4the Agency to enter into Compliance Commitment Agreements for
5any alleged violation that the Agency believes cannot be
6resolved without the involvement of the Office of the Attorney
7General or the State's Attorney of the county in which the
8alleged violation occurred, for, among other purposes, the
9imposition of statutory penalties.
10    (9) The Agency's failure to respond within 30 days of
11receipt to a written response submitted pursuant to
12subdivision (2) of this subsection (a) if a meeting is not
13requested or pursuant to subdivision (5) of this subsection
14(a) if a meeting is held, or within the time period otherwise
15agreed to in writing by the Agency and the person complained
16against, shall be deemed an acceptance by the Agency of the
17proposed terms of the Compliance Commitment Agreement for the
18violations alleged in the written notice issued under
19subdivision (1) of this subsection (a) as contained within the
20written response.
21    (10) If the person complained against complies with the
22terms of a Compliance Commitment Agreement accepted pursuant
23to this subsection (a), the Agency shall not refer the alleged
24violations which are the subject of the Compliance Commitment
25Agreement to the Office of the Illinois Attorney General or
26the State's Attorney of the county in which the alleged

 

 

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1violation occurred. However, nothing in this subsection is
2intended to preclude the Agency from continuing negotiations
3with the person complained against or from proceeding pursuant
4to the provisions of subsection (b) of this Section for
5alleged violations that remain the subject of disagreement
6between the Agency and the person complained against following
7fulfillment of the requirements of this subsection (a).
8    (11) Nothing in this subsection (a) is intended to
9preclude the person complained against from submitting to the
10Agency, by certified mail, at any time, notification that the
11person complained against consents to waiver of the
12requirements of subsections (a) and (b) of this Section.
13    (12) The Agency shall have the authority to adopt rules
14for the administration of this subsection (a) of this Section.
15The rules shall be adopted in accordance with the provisions
16of the Illinois Administrative Procedure Act.
17    (b) For alleged violations that remain the subject of
18disagreement between the Agency and the person complained
19against following fulfillment of the requirements of
20subsection (a) of this Section, and for alleged violations of
21the terms or conditions of a Compliance Commitment Agreement
22entered into under subdivision (a)(7.5) of this Section as
23well as the alleged violations that are the subject of the
24Compliance Commitment Agreement, and as a precondition to the
25Agency's referral or request to the Office of the Illinois
26Attorney General or the State's Attorney of the county in

 

 

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1which the alleged violation occurred for legal representation
2regarding an alleged violation that may be addressed pursuant
3to subsection (c) or (d) of this Section or pursuant to Section
442 of this Act, the Agency shall issue and serve, by certified
5mail, upon the person complained against a written notice
6informing that person that the Agency intends to pursue legal
7action. Such notice shall notify the person complained against
8of the violations to be alleged and offer the person an
9opportunity to meet with appropriate Agency personnel in an
10effort to resolve any alleged violations that could lead to
11the filing of a formal complaint. The meeting with Agency
12personnel shall be held within 30 days after receipt of notice
13served pursuant to this subsection upon the person complained
14against, unless the Agency agrees to a postponement or the
15person notifies the Agency that he or she will not appear at a
16meeting within the 30-day time period. Nothing in this
17subsection is intended to preclude the Agency from following
18the provisions of subsection (c) or (d) of this Section or from
19requesting the legal representation of the Office of the
20Illinois Attorney General or the State's Attorney of the
21county in which the alleged violations occurred for alleged
22violations which remain the subject of disagreement between
23the Agency and the person complained against after the
24provisions of this subsection are fulfilled.
25    (c)(1) For alleged violations which remain the subject of
26disagreement between the Agency and the person complained

 

 

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1against following waiver pursuant to subdivision (10) of
2subsection (a) of this Section or fulfillment of the
3requirements of subsections (a) and (b) of this Section, the
4Office of the Illinois Attorney General or the State's
5Attorney of the county in which the alleged violation occurred
6shall issue and serve upon the person complained against a
7written notice, together with a formal complaint, which shall
8specify the provision of the Act, rule, regulation, permit, or
9term or condition thereof under which such person is said to be
10in violation and a statement of the manner in and the extent to
11which such person is said to violate the Act, rule,
12regulation, permit, or term or condition thereof and shall
13require the person so complained against to answer the charges
14of such formal complaint at a hearing before the Board at a
15time not less than 21 days after the date of notice by the
16Board, except as provided in Section 34 of this Act. Such
17complaint shall be accompanied by a notification to the
18defendant that financing may be available, through the
19Illinois Environmental Facilities Financing Act, to correct
20such violation. A copy of such notice of such hearings shall
21also be sent to any person who that has complained to the
22Agency respecting the respondent within the six months
23preceding the date of the complaint, and to any person in the
24county in which the offending activity occurred that has
25requested notice of enforcement proceedings; 21 days notice of
26such hearings shall also be published in a newspaper of

 

 

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1general circulation in such county. The respondent may file a
2written answer, and at such hearing the rules prescribed in
3Sections 32 and 33 of this Act shall apply. In the case of
4actual or threatened acts outside Illinois contributing to
5environmental damage in Illinois, the extraterritorial
6service-of-process provisions of Sections 2-208 and 2-209 of
7the Code of Civil Procedure shall apply.
8    With respect to notices served pursuant to this subsection
9(c)(1) that involve hazardous material or wastes in any
10manner, the Agency shall annually publish a list of all such
11notices served. The list shall include the date the
12investigation commenced, the date notice was sent, the date
13the matter was referred to the Attorney General, if
14applicable, and the current status of the matter.
15    (2) Notwithstanding the provisions of subdivision (1) of
16this subsection (c), whenever a complaint has been filed on
17behalf of the Agency or by the People of the State of Illinois,
18the parties may file with the Board a stipulation and proposal
19for settlement accompanied by a request for relief from the
20requirement of a hearing pursuant to subdivision (1). Unless
21the Board, in its discretion, concludes that a hearing will be
22held, the Board shall cause notice of the stipulation,
23proposal and request for relief to be published and sent in the
24same manner as is required for hearing pursuant to subdivision
25(1) of this subsection. The notice shall include a statement
26that any person may file a written demand for hearing within 21

 

 

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1days after receiving the notice. If any person files a timely
2written demand for hearing, the Board shall deny the request
3for relief from a hearing and shall hold a hearing in
4accordance with the provisions of subdivision (1).
5    (3) Notwithstanding the provisions of subdivision (1) of
6this subsection (c), if the Agency becomes aware of a
7violation of this Act arising from, or as a result of,
8voluntary pollution prevention activities, the Agency shall
9not proceed with the written notice required by subsection (a)
10of this Section unless:
11        (A) the person fails to take corrective action or
12    eliminate the reported violation within a reasonable time;
13    or
14        (B) the Agency believes that the violation poses a
15    substantial and imminent danger to the public health or
16    welfare or the environment. For the purposes of this item
17    (B), "substantial and imminent danger" means a danger with
18    a likelihood of serious or irreversible harm.
19    (d)(1) Any person may file with the Board a complaint,
20meeting the requirements of subsection (c) of this Section,
21against any person allegedly violating this Act, any rule or
22regulation adopted under this Act, any permit or term or
23condition of a permit, or any Board order. The complainant
24shall immediately serve a copy of such complaint upon the
25person or persons named therein. Unless the Board determines
26that such complaint is duplicative or frivolous, it shall

 

 

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1schedule a hearing and serve written notice thereof upon the
2person or persons named therein, in accord with subsection (c)
3of this Section.
4    (2) Whenever a complaint has been filed by a person other
5than the Attorney General or the State's Attorney, the parties
6may file with the Board a stipulation and proposal for
7settlement accompanied by a request for relief from the
8hearing requirement of subdivision (c)(1) of this Section.
9Unless the Board, in its discretion, concludes that a hearing
10should be held, no hearing on the stipulation and proposal for
11settlement is required.
12    (e) In hearings before the Board under this Title the
13burden shall be on the Agency or other complainant to show
14either that the respondent has caused or threatened to cause
15air or water pollution or that the respondent has violated or
16threatens to violate any provision of this Act or any rule or
17regulation of the Board or permit or term or condition
18thereof. If such proof has been made, the burden shall be on
19the respondent to show that compliance with the Board's
20regulations would impose an arbitrary or unreasonable
21hardship.
22    (f) The provisions of this Section shall not apply to
23administrative citation actions commenced under Section 31.1
24of this Act.
25(Source: P.A. 103-168, eff. 6-30-23; revised 9-20-23.)
 

 

 

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1    (415 ILCS 5/58.5)
2    Sec. 58.5. Risk-based remediation objectives.
3    (a) Determination of remediation objectives. This Section
4establishes the procedures for determining risk-based
5remediation objectives.
6    (b) Background area remediation objectives.
7        (1) Except as provided in subdivisions (b)(2) or
8    (b)(3) of this Section, remediation objectives established
9    under this Section shall not require remediation of
10    regulated substances to levels that are less than area
11    background levels.
12        (2) In the event that the concentration of a regulated
13    substance of concern on the site exceeds a remediation
14    objective adopted by the Board for residential land use,
15    the property may not be converted to residential use
16    unless such remediation objective or an alternate
17    risk-based remediation objective for that regulated
18    substance of concern is first achieved.
19        (3) In the event that the Agency has determined in
20    writing that the background level for a regulated
21    substance poses an acute threat to human health or the
22    environment at the site when considering the post-remedial
23    action land use, the RA shall develop appropriate
24    risk-based remediation objectives in accordance with this
25    Section.
26    (c) Regulations establishing remediation objectives and

 

 

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1methodologies for deriving remediation objectives for
2individual or classes of regulated substances shall be adopted
3by the Board in accordance with this Section and Section
458.11.
5        (1) The regulations shall provide for the adoption of
6    a three-tiered process for an a RA to establish
7    remediation objectives protective of human health and the
8    environment based on identified risks and specific site
9    characteristics at and around the site.
10        (2) The regulations shall provide procedures for using
11    alternative tiers in developing remediation objectives for
12    multiple regulated substances.
13        (3) The regulations shall provide procedures for
14    determining area background contaminant levels.
15        (4) The methodologies adopted under this Section shall
16    ensure that the following factors are taken into account
17    in determining remediation objectives:
18            (A) potential risks posed by carcinogens and
19        noncarcinogens; and
20            (B) the presence of multiple substances of concern
21        and multiple exposure pathways.
22    (d) In developing remediation objectives under subsection
23(c) of this Section, the methodology proposed and adopted
24shall establish tiers addressing manmade and natural pathways
25of exposure, including, but not limited to, human ingestion,
26human inhalation, and groundwater protection. For carcinogens,

 

 

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1soil and groundwater remediation objectives shall be
2established at exposures that represent an excess upper-bound
3lifetime risk of between 1 in 10,000 and 1 in 1,000,000 as
4appropriate for the post-remedial action use, except that
5remediation objectives protecting residential use shall be
6based on exposures that represent an excess upper-bound
7lifetime risk of 1 in 1,000,000. No groundwater remediation
8objective adopted pursuant to this Section shall be more
9restrictive than the applicable Class I or Class III
10Groundwater Quality Standard adopted by the Board. At a
11minimum, the objectives shall include the following:
12        (1) Tier I remediation objectives expressed as a table
13    of numeric values for soil and groundwater. Such
14    objectives may be of different values dependent on
15    potential pathways at the site and different land uses,
16    including residential and nonresidential uses.
17        (2) Tier II remediation objectives shall include the
18    formulae and equations used to derive the Tier II
19    objectives and input variables for use in the formulae.
20    The RA may alter the input variables when it is
21    demonstrated that the specific circumstances at and around
22    the site including land uses warrant such alternate
23    variables.
24        (3) Tier III remediation objectives shall include
25    methodologies to allow for the development of
26    site-specific risk-based remediation objectives for soil

 

 

HB4844 Engrossed- 1567 -LRB103 39009 AMC 69146 b

1    or groundwater, or both, for regulated substances. Such
2    methodology shall allow for different remediation
3    objectives for residential and various categories of
4    non-residential land uses. The Board's future adoption of
5    a methodology pursuant to this Section shall in no way
6    preclude the use of a nationally recognized methodology to
7    be used for the development of site-specific risk-based
8    objectives for regulated substances under this Section. In
9    determining Tier III remediation objectives under this
10    subsection, all of the following factors shall be
11    considered:
12            (A) The use of specific site characteristic data.
13            (B) The use of appropriate exposure factors for
14        the current and currently planned future land use of
15        the site and adjacent property and the effectiveness
16        of engineering, institutional, or legal controls
17        placed on the current or future use of the site.
18            (C) The use of appropriate statistical
19        methodologies to establish statistically valid
20        remediation objectives.
21            (D) The actual and potential impact of regulated
22        substances to receptors.
23        (4) For regulated substances that have a groundwater
24    quality standard established pursuant to the Illinois
25    Groundwater Protection Act and rules promulgated
26    thereunder, site specific groundwater remediation

 

 

HB4844 Engrossed- 1568 -LRB103 39009 AMC 69146 b

1    objectives may be proposed under the methodology
2    established in subdivision (d)(3) of this Section at
3    values greater than the groundwater quality standards.
4            (A) The RA proposing any site specific groundwater
5        remediation objective at a value greater than the
6        applicable groundwater quality standard shall
7        demonstrate:
8                (i) To the extent practical, the exceedance of
9            the groundwater quality standard has been
10            minimized and beneficial use appropriate to the
11            groundwater that was impacted has been returned;
12            and
13                (ii) Any threat to human health or the
14            environment has been minimized.
15            (B) The rules proposed by the Agency and adopted
16        by the Board under this Section shall include criteria
17        required for the demonstration of the suitability of
18        groundwater objectives proposed under subdivision (b)
19        (4) (A) of this Section.
20    (e) The rules proposed by the Agency and adopted by the
21Board under this Section shall include conditions for the
22establishment and duration of groundwater management zones by
23rule, as appropriate, at sites undergoing remedial action
24under this Title.
25    (f) Until such time as the Board adopts remediation
26objectives under this Section, the remediation objectives

 

 

HB4844 Engrossed- 1569 -LRB103 39009 AMC 69146 b

1adopted by the Board under Title XVI of this Act shall apply to
2all environmental assessments and soil or groundwater remedial
3action conducted under this Title.
4(Source: P.A. 91-909, eff. 7-7-00; revised 9-20-23.)
 
5    (415 ILCS 5/58.6)
6    Sec. 58.6. Remedial investigations and reports.
7    (a) Any RA who proceeds under this Title may elect to seek
8review and approval for any of the remediation objectives
9provided in Section 58.5 for any or all regulated substances
10of concern. The RA shall conduct investigations and remedial
11activities for regulated substances of concern and prepare
12plans and reports in accordance with this Section and rules
13adopted hereunder. The RA shall submit the plans and reports
14for review and approval in accordance with Section 58.7. All
15investigations, plans, and reports conducted or prepared under
16this Section shall be under the supervision of a Licensed
17Professional Engineer (LPE) or, in the case of a site
18investigation only, a Licensed Professional Geologist in
19accordance with the requirements of this Title.
20    (b) (1) Site investigation and Site Investigation Report.
21        (1) The RA shall conduct a site investigation to
22    determine the significant physical features of the site
23    and vicinity that may affect contaminant transport and
24    risk to human health, safety, and the environment and to
25    determine the nature, concentration, direction and rate of

 

 

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1    movement, and extent of the contamination at the site.
2        (2) The RA shall compile the results of the
3    investigations into a Site Investigation Report. At a
4    minimum, the reports shall include the following, as
5    applicable:
6            (A) Executive summary;
7            (B) Site history;
8            (C) Site-specific sampling methods and results;
9            (D) Documentation of field activities, including
10        quality assurance project plan;
11            (E) Interpretation of results; and
12            (F) Conclusions.
13    (c) Remediation Objectives Report.
14        (1) If an a RA elects to determine remediation
15    objectives appropriate for the site using the Tier II or
16    Tier III procedures under subsection (d) of Section 58.5,
17    the RA shall develop such remediation objectives based on
18    site-specific information. In support of such remediation
19    objectives, the RA shall prepare a Remediation Objectives
20    Report demonstrating how the site-specific objectives were
21    calculated or otherwise determined.
22        (2) If an a RA elects to determine remediation
23    objectives appropriate for the site using the area
24    background procedures under subsection (b) of Section
25    58.5, the RA shall develop such remediation objectives
26    based on site-specific literature review, sampling

 

 

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1    protocol, or appropriate statistical methods in accordance
2    with Board rules. In support of such remediation
3    objectives, the RA shall prepare a Remediation Objectives
4    Report demonstrating how the area background remediation
5    objectives were determined.
6    (d) Remedial Action Plan. If the approved remediation
7objectives for any regulated substance established under
8Section 58.5 are less than the levels existing at the site
9prior to any remedial action, the RA shall prepare a Remedial
10Action Plan. The Remedial Action Plan shall describe the
11selected remedy and evaluate its ability and effectiveness to
12achieve the remediation objectives approved for the site. At a
13minimum, the reports shall include the following, as
14applicable:
15        (1) Executive summary;
16        (2) Statement of remediation objectives;
17        (3) Remedial technologies selected;
18        (4) Confirmation sampling plan;
19        (5) Current and projected future use of the property;
20    and
21        (6) Applicable preventive, engineering, and
22    institutional controls including long-term reliability,
23    operating, and maintenance plans, and monitoring
24    procedures.
25    (e) Remedial Action Completion Report.
26        (1) Upon completion of the Remedial Action Plan, the

 

 

HB4844 Engrossed- 1572 -LRB103 39009 AMC 69146 b

1    RA shall prepare a Remedial Action Completion Report. The
2    report shall demonstrate whether the remedial action was
3    completed in accordance with the approved Remedial Action
4    Plan and whether the remediation objectives, as well as
5    any other requirements of the plan, have been attained.
6        (2) If the approved remediation objectives for the
7    regulated substances of concern established under Section
8    58.5 are equal to or above the levels existing at the site
9    prior to any remedial action, notification and
10    documentation of such shall constitute the entire Remedial
11    Action Completion Report for purposes of this Title.
12    (f) Ability to proceed. The RA may elect to prepare and
13submit for review and approval any and all reports or plans
14required under the provisions of this Section individually,
15following completion of each such activity; concurrently,
16following completion of all activities; or in any other
17combination. In any event, the review and approval process
18shall proceed in accordance with Section 58.7 and rules
19adopted thereunder.
20    (g) Nothing in this Section shall prevent an RA from
21implementing or conducting an interim or any other remedial
22measure prior to election to proceed under Section 58.6.
23    (h) In accordance with Section 58.11, the Agency shall
24propose and the Board shall adopt rules to carry out the
25purposes of this Section.
26(Source: P.A. 92-735, eff. 7-25-02; revised 9-20-23.)
 

 

 

HB4844 Engrossed- 1573 -LRB103 39009 AMC 69146 b

1    (415 ILCS 5/58.7)
2    Sec. 58.7. Review and approvals.
3    (a) Requirements. All plans and reports that are submitted
4pursuant to this Title shall be submitted for review or
5approval in accordance with this Section.
6    (b) Review and evaluation by the Agency.
7        (1) Except for sites excluded under subdivision (a)(2)
8    of Section 58.1, the Agency shall, subject to available
9    resources, agree to provide review and evaluation services
10    for activities carried out pursuant to this Title for
11    which the RA requested the services in writing. As a
12    condition for providing such services, the Agency may
13    require that the RA for a site:
14            (A) Conform with the procedures of this Title;
15            (B) Allow for or otherwise arrange site visits or
16        other site evaluation by the Agency when so requested;
17            (C) Agree to perform the Remedial Action Plan as
18        approved under this Title;
19            (D) Agree to pay any reasonable costs incurred and
20        documented by the Agency in providing such services;
21            (E) Make an advance partial payment to the Agency
22        for such anticipated services in the amount of $2,500;
23        and
24            (F) Demonstrate, if necessary, authority to act on
25        behalf of or in lieu of the owner or operator.

 

 

HB4844 Engrossed- 1574 -LRB103 39009 AMC 69146 b

1        (2) Any moneys received by the State for costs
2    incurred by the Agency in performing review or evaluation
3    services for actions conducted pursuant to this Title
4    shall be deposited in the Hazardous Waste Fund.
5        (3) An RA requesting services under subdivision (b)
6    (1) of this Section may, at any time, notify the Agency, in
7    writing, that Agency services previously requested are no
8    longer wanted. Within 180 days after receipt of the
9    notice, the Agency shall provide the RA with a final
10    invoice for services provided until the date of such
11    notifications.
12        (4) The Agency may invoice or otherwise request or
13    demand payment from an a RA for costs incurred by the
14    Agency in performing review or evaluation services for
15    actions by the RA at sites only if:
16            (A) The Agency has incurred costs in performing
17        response actions, other than review or evaluation
18        services, due to the failure of the RA to take response
19        action in accordance with a notice issued pursuant to
20        this Act;
21            (B) The RA has agreed in writing to the payment of
22        such costs;
23            (C) The RA has been ordered to pay such costs by
24        the Board or a court of competent jurisdiction
25        pursuant to this Act; or
26            (D) The RA has requested or has consented to

 

 

HB4844 Engrossed- 1575 -LRB103 39009 AMC 69146 b

1        Agency review or evaluation services under subdivision
2        (b)(1) of this Section.
3        (5) The Agency may, subject to available resources,
4    agree to provide review and evaluation services for
5    response actions if there is a written agreement among
6    parties to a legal action or if a notice to perform a
7    response action has been issued by the Agency.
8    (c) Review and evaluation by a RELPEG. An A RA may elect to
9contract with a Licensed Professional Engineer or, in the case
10of a site investigation report only, a Licensed Professional
11Geologist, who will perform review and evaluation services on
12behalf of and under the direction of the Agency relative to the
13site activities.
14        (1) Prior to entering into the contract with the
15    RELPEG, the RA shall notify the Agency of the RELPEG to be
16    selected. The Agency and the RA shall discuss the
17    potential terms of the contract.
18        (2) At a minimum, the contract with the RELPEG shall
19    provide that the RELPEG will submit any reports directly
20    to the Agency, will take his or her directions for work
21    assignments from the Agency, and will perform the assigned
22    work on behalf of the Agency.
23        (3) Reasonable costs incurred by the Agency shall be
24    paid by the RA directly to the Agency in accordance with
25    the terms of the review and evaluation services agreement
26    entered into under subdivision (b)(1) of Section 58.7.

 

 

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1        (4) In no event shall the RELPEG acting on behalf of
2    the Agency be an employee of the RA or the owner or
3    operator of the site or be an employee of any other person
4    the RA has contracted to provide services relative to the
5    site.
6    (d) Review and approval. All reviews required under this
7Title shall be carried out by the Agency or a RELPEG contracted
8by the RA pursuant to subsection (c).
9        (1) All review activities conducted by the Agency or a
10    RELPEG shall be carried out in conformance with this Title
11    and rules promulgated under Section 58.11.
12        (2) Subject to the limitations in subsection (c) and
13    this subsection (d), the specific plans, reports, and
14    activities that the Agency or a RELPEG may review include:
15            (A) Site Investigation Reports and related
16        activities;
17            (B) Remediation Objectives Reports;
18            (C) Remedial Action Plans and related activities;
19        and
20            (D) Remedial Action Completion Reports and related
21        activities.
22        (3) Only the Agency shall have the authority to
23    approve, disapprove, or approve with conditions a plan or
24    report as a result of the review process including those
25    plans and reports reviewed by a RELPEG. If the Agency
26    disapproves a plan or report or approves a plan or report

 

 

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1    with conditions, the written notification required by
2    subdivision (d)(4) of this Section shall contain the
3    following information, as applicable:
4            (A) An explanation of the Sections of this Title
5        that may be violated if the plan or report was
6        approved;
7            (B) An explanation of the provisions of the rules
8        promulgated under this Title that may be violated if
9        the plan or report was approved;
10            (C) An explanation of the specific type of
11        information, if any, that the Agency deems the
12        applicant did not provide the Agency;
13            (D) A statement of specific reasons why the Title
14        and regulations might not be met if the plan or report
15        were approved; and
16            (E) An explanation of the reasons for conditions
17        if conditions are required.
18        (4) Upon approving, disapproving, or approving with
19    conditions a plan or report, the Agency shall notify the
20    RA in writing of its decision. In the case of approval or
21    approval with conditions of a Remedial Action Completion
22    Report, the Agency shall prepare a No Further Remediation
23    Letter that meets the requirements of Section 58.10 and
24    send a copy of the letter to the RA.
25        (5) All reviews undertaken by the Agency or a RELPEG
26    shall be completed and the decisions communicated to the

 

 

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1    RA within 60 days of the request for review or approval of
2    a single plan or report and within 90 days after the
3    request for review or approval of 2 or more plans or
4    reports submitted concurrently. The RA may waive the
5    deadline upon a request from the Agency. If the Agency
6    disapproves or approves with conditions a plan or report
7    or fails to issue a final decision within the applicable
8    60-day or 90-day period and the RA has not agreed to a
9    waiver of the deadline, the RA may, within 35 days, file an
10    appeal to the Board. Appeals to the Board shall be in the
11    manner provided for the review of permit decisions in
12    Section 40 of this Act.
13    (e) Standard of review. In making determinations, the
14following factors, and additional factors as may be adopted by
15the Board in accordance with Section 58.11, shall be
16considered by the Agency when reviewing or approving plans,
17reports, and related activities, or the RELPEG, when reviewing
18plans, reports, and related activities:
19        (1) Site Investigation Reports and related activities:
20    Whether investigations have been conducted and the results
21    compiled in accordance with the appropriate procedures and
22    whether the interpretations and conclusions reached are
23    supported by the information gathered. In making the
24    determination, the following factors shall be considered:
25            (A) The adequacy of the description of the site
26        and site characteristics that were used to evaluate

 

 

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1        the site;
2            (B) The adequacy of the investigation of potential
3        pathways and risks to receptors identified at the
4        site; and
5            (C) The appropriateness of the sampling and
6        analysis used.
7        (2) Remediation Objectives Reports: Whether the
8    remediation objectives are consistent with the
9    requirements of the applicable method for selecting or
10    determining remediation objectives under Section 58.5. In
11    making the determination, the following factors shall be
12    considered:
13            (A) If the objectives were based on the
14        determination of area background levels under
15        subsection (b) of Section 58.5, whether the review of
16        current and historic conditions at or in the immediate
17        vicinity of the site has been thorough and whether the
18        site sampling and analysis has been performed in a
19        manner resulting in accurate determinations;
20            (B) If the objectives were calculated on the basis
21        of predetermined equations using site specific data,
22        whether the calculations were accurately performed and
23        whether the site specific data reflect actual site
24        conditions; and
25            (C) If the objectives were determined using a site
26        specific risk assessment procedure, whether the

 

 

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1        procedure used is nationally recognized and accepted,
2        whether the calculations were accurately performed,
3        and whether the site specific data reflect actual site
4        conditions.
5        (3) Remedial Action Plans and related activities:
6    Whether the plan will result in compliance with this
7    Title, and rules adopted under it and attainment of the
8    applicable remediation objectives. In making the
9    determination, the following factors shall be considered:
10            (A) The likelihood that the plan will result in
11        the attainment of the applicable remediation
12        objectives;
13            (B) Whether the activities proposed are consistent
14        with generally accepted engineering practices; and
15            (C) The management of risk relative to any
16        remaining contamination, including, but not limited
17        to, provisions for the long-term enforcement,
18        operation, and maintenance of institutional and
19        engineering controls, if relied on.
20        (4) Remedial Action Completion Reports and related
21    activities: Whether the remedial activities have been
22    completed in accordance with the approved Remedial Action
23    Plan and whether the applicable remediation objectives
24    have been attained.
25    (f) All plans and reports submitted for review shall
26include a Licensed Professional Engineer's certification that

 

 

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1all investigations and remedial activities were carried out
2under his or her direction and, to the best of his or her
3knowledge and belief, the work described in the plan or report
4has been completed in accordance with generally accepted
5engineering practices, and the information presented is
6accurate and complete. In the case of a site investigation
7report prepared or supervised by a Licensed Professional
8Geologist, the required certification may be made by the
9Licensed Professional Geologist (rather than a Licensed
10Professional Engineer) and based upon generally accepted
11principles of professional geology.
12    (g) In accordance with Section 58.11, the Agency shall
13propose and the Board shall adopt rules to carry out the
14purposes of this Section. At a minimum, the rules shall detail
15the types of services the Agency may provide in response to
16requests under subdivision (b)(1) of this Section and the
17recordkeeping it will utilize in documenting to the RA the
18costs incurred by the Agency in providing such services.
19    (h) Public participation.
20        (1) The Agency shall develop guidance to assist RAs
21    RA's in the implementation of a community relations plan
22    to address activity at sites undergoing remedial action
23    pursuant to this Title.
24        (2) The RA may elect to enter into a services
25    agreement with the Agency for Agency assistance in
26    community outreach efforts.

 

 

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1        (3) The Agency shall maintain a registry listing those
2    sites undergoing remedial action pursuant to this Title.
3        (4) Notwithstanding any provisions of this Section,
4    the RA of a site undergoing remedial activity pursuant to
5    this Title may elect to initiate a community outreach
6    effort for the site.
7    (i) Notwithstanding any other provision of this Title, the
8Agency is not required to take action on any submission under
9this Title from or on behalf of an RA if the RA has failed to
10pay all fees due pursuant to an invoice or other request or
11demand for payment under this Title. Any deadline for Agency
12action on such a submission shall be tolled until the fees due
13are paid in full.
14(Source: P.A. 103-172, eff. 1-1-24; revised 1-2-24.)
 
15    Section 505. The Illinois Pesticide Act is amended by
16changing Section 24.1 as follows:
 
17    (415 ILCS 60/24.1)  (from Ch. 5, par. 824.1)
18    Sec. 24.1. Administrative actions and penalties.
19    (1) The Director is authorized after an opportunity for an
20administrative hearing to suspend, revoke, or modify any
21license, permit, special order, registration, or certification
22issued under this Act. This action may be taken in addition to
23or in lieu of monetary penalties assessed as set forth in this
24Section. When it is in the interest of the people of the State

 

 

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1of Illinois, the Director may, upon good and sufficient
2evidence, suspend the registration, license, or permit until a
3hearing has been held. In such cases, the Director shall issue
4an order in writing setting forth the reasons for the
5suspension. Such order shall be served personally on the
6person or by registered or certified mail sent to the person's
7business address as shown in the latest notification to the
8Department. When such an order has been issued by the
9Director, the person may request an immediate hearing.
10    (2) Before initiating hearing proceedings, the Director
11may issue an advisory letter to a violator of this Act or its
12rules and regulations when the violation points total 6 or
13less, as determined by the Department by the Use and Violation
14Criteria established in this Section. When the Department
15determines that the violation points total more than 6 but not
16more than 13, the Director shall issue a warning letter to the
17violator.
18    (3) The hearing officer upon determination of a violation
19or violations shall assess one or more of the following
20penalties:
21        (A) For any person applying pesticides without a
22    license or misrepresenting certification or failing to
23    comply with conditions of an agrichemical facility permit
24    or failing to comply with the conditions of a written
25    authorization for land application of agrichemical
26    contaminated soils or groundwater, a penalty of $500 shall

 

 

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1    be assessed for the first offense and $1,000 for the
2    second and subsequent offenses.
3        (B) For violations of a stop use order imposed by the
4    Director, the penalty shall be $2500.
5        (C) For violations of a stop sale order imposed by the
6    Director, the penalty shall be $1500 for each individual
7    item of the product found in violation of the order.
8        (D) For selling restricted use pesticides to a
9    non-certified applicator the penalty shall be $1000.
10        (E) For selling restricted use pesticides without a
11    dealer's license the penalty shall be $1,000.
12        (F) For constructing or operating without an
13    agrichemical facility permit after receiving written
14    notification, the penalty shall be $500 for the first
15    offense and $1,000 for the second and subsequent offenses.
16        (F-5) For any person found by the Department to have
17    committed a use inconsistent with the label, as defined in
18    subsection 40 of Section 4, that results in human exposure
19    to a pesticide, the penalty shall be assessed in
20    accordance with this paragraph (F-5). The Department shall
21    impose a penalty under this paragraph (F-5) only if it
22    represents an amount greater than the penalty assessed
23    under paragraph subparagraph (G). The amount of the
24    penalty under this paragraph (F-5) is calculated as
25    follows:
26            (a) If fewer than 3 humans are exposed, then the

 

 

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1        penalty shall be $500 for each human exposed.
2            (b) If 3 or more humans but fewer than 5 humans are
3        exposed, then the penalty shall be $750 for each human
4        exposed.
5            (c) If 5 or more humans are exposed, then the
6        penalty shall be $1,250 for each human exposed.
7        If a penalty is imposed under this paragraph (F-5),
8    the Department shall redetermine the total violation
9    points under subsection (4), less any points under
10    subsection (4) stemming from human exposure, and impose
11    any additional penalty under paragraph subparagraph (G)
12    based on the new total. The reassessed total shall not
13    affect any determination under subsection (2); any
14    determination under subsection (2) shall be determined by
15    the full application of points under subsection (4).
16        (G) For violations of the Act and rules and
17    regulations, administrative penalties will be based upon
18    the total violation points as determined by the Use and
19    Violation Criteria as set forth in subsection paragraph
20    (4) of this Section. The monetary penalties shall be as
21    follows:
22Total Violation PointsMonetary Penalties
2314-16$750
2417-19 $1000
2520-21 $2500
2622-25 $5000

 

 

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126-29 $7500
230 and above$10,000
3    (4) Subject to paragraph (F-5), the following Use and
4Violation Criteria establishes the point value which shall be
5compiled to determine the total violation points and
6administrative actions or monetary penalties to be imposed as
7set forth in paragraph (3)(G) of this Section:
8        (A) Point values shall be assessed upon the harm or
9    loss incurred.
10            (1) A point value of 1 shall be assessed for the
11        following:
12                (a) Exposure to a pesticide by plants, animals
13            or humans with no symptoms or damage noted.
14                (b) Fraudulent sales practices or
15            representations with no apparent monetary losses
16            involved.
17            (2) A point value of 2 shall be assessed for
18        exposure the following: (a) Exposure to a pesticide
19        which resulted in:
20                (a) (1) Plants or property showing signs of
21            damage, including, but not limited to, leaf curl,
22            burning, wilting, spotting, discoloration, or
23            dying.
24                (b) (2) Garden produce or an agricultural crop
25            not being harvested on schedule.
26                (c) (3) Fraudulent sales practices or

 

 

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1            representations resulting in losses under $500.
2            (3) A point value of 4 shall be assessed for the
3        following:
4                (a) Exposure to a pesticide resulting in a
5            human experiencing headaches, nausea, eye
6            irritation, and such other symptoms which
7            persisted less than 3 days.
8                (b) Plant or property damage resulting in a
9            loss below $1000.
10                (c) Animals exhibiting symptoms of pesticide
11            poisoning, including, but not limited to, eye or
12            skin irritations or lack of coordination.
13                (d) Death to less than 5 animals.
14                (e) Fraudulent sales practices or
15            representations resulting in losses from $500 to
16            $2000.
17            (4) A point value of 6 shall be assessed for the
18        following:
19                (a) Exposure to a pesticide resulting in a
20            human experiencing headaches, nausea, eye
21            irritation, and such other symptoms which
22            persisted 3 or more days.
23                (b) Plant or property damage resulting in a
24            loss of $1000 or more.
25                (c) Death to 5 or more animals.
26                (d) Fraudulent sales practices or

 

 

HB4844 Engrossed- 1588 -LRB103 39009 AMC 69146 b

1            representations resulting in losses over $2000.
2        (B) Point values shall be assessed based upon the
3    signal word on the label of the chemical involved:
   
4Point ValueSignal Word
5 1  Caution
6 2  Warning
7 4  Danger/Poison
8        (C) Point values shall be assessed based upon the
9    degree of responsibility.
10Point ValueDegree of Responsibility
112Accidental (such as equipment
12 malfunction)
134Negligence
1410Knowingly
15        (D) Point values shall be assessed based upon the
16    violator's history for the previous 3 years:
17Point ValueRecord
182Advisory letter
193Warning letter
205
21
22Previous criminal conviction of this Act or administrative violation resulting in a monetary penalty
237Certification, license, or
24registration currently
25suspended or revoked

 

 

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1        (E) Point values shall be assessed based upon the
2    violation type:
3            (1) Application Oriented:
4Point ValueViolation
51Inadequate records
62Lack of supervision
72Faulty equipment
8            Use contrary to label directions:
92a. resulting in exposure to
10applicator or operator
113b. resulting in exposure to
12other persons or the
13environment
143c. precautionary statements,
15sites, rates, restricted use
16requirements
173Water contamination
183Storage or disposal contrary
19to label directions
203Pesticide drift
214Direct application to a
22 non-target site
236Falsification of records
246
25Failure to secure a permit or violation of permit or special
26 order

 

 

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1            (2) Product Oriented:
2Point ValueViolation
36Pesticide not registered
44Product label claims differ
5from approved label
64Product composition (active ingredients differs from
7that of approved label)
84Product not colored as required
94Misbranding as set forth in
10Section 5 of the Act (4
11points will be assessed for
12each count)
13        (5) Any penalty not paid within 60 days of notice from
14    the Department shall be submitted to the Attorney
15    General's Office for collection. Failure to pay a penalty
16    shall also be grounds for suspension or revocation of
17    permits, licenses and registrations.
18        (6) Private applicators, except those private
19    applicators who have been found by the Department to have
20    committed a "use inconsistent with the label" as defined
21    in subsection 40 of Section 4 of this Act, are exempt from
22    the Use and Violation Criteria point values.
23(Source: P.A. 102-558, eff. 8-20-21; 103-62, eff. 6-9-23;
24revised 9-20-23.)
 

 

 

HB4844 Engrossed- 1591 -LRB103 39009 AMC 69146 b

1    Section 510. The Electric Vehicle Rebate Act is amended by
2changing Section 40 as follows:
 
3    (415 ILCS 120/40)
4    Sec. 40. Appropriations from the Electric Vehicle Rebate
5Fund.
6    (a) The Agency shall estimate the amount of user fees
7expected to be collected under Section 35 of this Act for each
8fiscal year. User fee funds shall be deposited into and
9distributed from the Electric Vehicle Rebate Fund in the
10following manner:
11        (1) Through fiscal year 2023, an An annual amount not
12    to exceed $225,000 may be appropriated to the Agency from
13    the Electric Vehicle Rebate Fund to pay its costs of
14    administering the programs authorized by Section 27 of
15    this Act. Beginning in fiscal year 2024 and in each fiscal
16    year thereafter, an annual amount not to exceed $600,000
17    may be appropriated to the Agency from the Electric
18    Vehicle Rebate Fund to pay its costs of administering the
19    programs authorized by Section 27 of this Act. An amount
20    not to exceed $225,000 may be appropriated to the
21    Secretary of State from the Electric Vehicle Rebate Fund
22    to pay the Secretary of State's costs of administering the
23    programs authorized under this Act.
24        (2) In fiscal year 2022 and each fiscal year
25    thereafter, after appropriation of the amounts authorized

 

 

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1    by item (1) of subsection (a) of this Section, the
2    remaining moneys estimated to be collected during each
3    fiscal year shall be appropriated.
4        (3) (Blank).
5        (4) Moneys appropriated to fund the programs
6    authorized in Sections 25 and 30 shall be expended only
7    after they have been collected and deposited into the
8    Electric Vehicle Rebate Fund.
9    (b) General Revenue Fund amounts appropriated to and
10deposited into the Electric Vehicle Rebate Fund shall be
11distributed from the Electric Vehicle Rebate Fund to fund the
12program authorized in Section 27.
13(Source: P.A. 102-662, eff. 9-15-21; 103-8, eff. 6-7-23;
14103-363, eff. 7-28-23; revised 9-6-23.)
 
15    Section 515. The Radiation Protection Act of 1990 is
16amended by changing Section 6 as follows:
 
17    (420 ILCS 40/6)  (from Ch. 111 1/2, par. 210-6)
18    (Section scheduled to be repealed on January 1, 2027)
19    Sec. 6. Accreditation of administrators of radiation;
20limited scope accreditation; rules and regulations; education.
21    (a) The Agency shall promulgate such rules and regulations
22as are necessary to establish accreditation standards and
23procedures, including a minimum course of education and
24continuing education requirements in the administration of

 

 

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1radiation to human beings, which are appropriate to the
2classification of accreditation and which are to be met by all
3physician assistants, advanced practice registered nurses,
4nurses, technicians, or other assistants who administer
5radiation to human beings under the supervision of a person
6licensed under the Medical Practice Act of 1987. Such rules
7and regulations may provide for different classes of
8accreditation based on evidence of national certification,
9clinical experience or community hardship as conditions of
10initial and continuing accreditation. The rules and
11regulations of the Agency shall be consistent with national
12standards in regard to the protection of the health and safety
13of the general public.
14    (b) The rules and regulations shall also provide that
15persons who have been accredited by the Agency, in accordance
16with the Radiation Protection Act of 1990, without passing an
17examination, will remain accredited as provided in Section 43
18of this Act and that those persons may be accredited, without
19passing an examination, to use other equipment, procedures, or
20supervision within the original category of accreditation if
21the Agency receives written assurances from a person licensed
22under the Medical Practice Act of 1987, that the person
23accredited has the necessary skill and qualifications for such
24additional equipment procedures or supervision. The Agency
25shall, in accordance with subsection (c) of this Section,
26provide for the accreditation of nurses, technicians, or other

 

 

HB4844 Engrossed- 1594 -LRB103 39009 AMC 69146 b

1assistants, unless exempted elsewhere in this Act, to perform
2a limited scope of diagnostic radiography procedures of the
3chest, the extremities, skull and sinuses, or the spine, while
4under the supervision of a person licensed under the Medical
5Practice Act of 1987.
6    (c) The rules or regulations promulgated by the Agency
7pursuant to subsection (a) shall establish standards and
8procedures for accrediting persons to perform a limited scope
9of diagnostic radiography procedures. The rules or regulations
10shall specify that an individual seeking accreditation for
11limited diagnostic radiography shall not apply ionizing
12radiation to human beings until the individual has passed an
13Agency-approved examination and is accredited by the Agency.
14    For an individual to be accredited to perform a limited
15scope of diagnostic radiography procedures, he or she must
16pass an examination approved by the Agency. The examination
17shall be consistent with national standards in regard to
18protection of public health and safety. The examination shall
19consist of a standardized component covering general
20principles applicable to diagnostic radiography procedures and
21a clinical component specific to the types of procedures for
22which accreditation is being sought. The Agency may assess a
23reasonable fee for such examinations to cover any costs
24incurred by the Agency in conjunction with the examinations.
25    (d) The Agency shall by rule or regulation exempt from
26accreditation physician assistants, advanced practice

 

 

HB4844 Engrossed- 1595 -LRB103 39009 AMC 69146 b

1registered nurses, nurses, technicians, or other assistants
2who administer radiation to human beings under supervision of
3a person licensed to practice under the Medical Practice Act
4of 1987 when the services are performed on employees of a
5business at a medical facility owned and operated by the
6business. Such exemption shall only apply to the equipment,
7procedures, and supervision specific to the medical facility
8owned and operated by the business.
9(Source: P.A. 103-155, eff. 1-1-24; revised 1-2-24.)
 
10    Section 520. The Firearm Owners Identification Card Act is
11amended by changing Section 10 as follows:
 
12    (430 ILCS 65/10)  (from Ch. 38, par. 83-10)
13    Sec. 10. Appeals; hearing; relief from firearm
14prohibitions.
15    (a) Whenever an application for a Firearm Owner's
16Identification Card is denied or whenever such a Card is
17revoked or seized as provided for in Section 8 of this Act, the
18aggrieved party may (1) file a record challenge with the
19Director regarding the record upon which the decision to deny
20or revoke the Firearm Owner's Identification Card was based
21under subsection (a-5); or (2) appeal to the Director of the
22Illinois State Police through December 31, 2022, or beginning
23January 1, 2023, the Firearm Owner's Identification Card
24Review Board for a hearing seeking relief from such denial or

 

 

HB4844 Engrossed- 1596 -LRB103 39009 AMC 69146 b

1revocation unless the denial or revocation was based upon a
2forcible felony, stalking, aggravated stalking, domestic
3battery, any violation of the Illinois Controlled Substances
4Act, the Methamphetamine Control and Community Protection Act,
5or the Cannabis Control Act that is classified as a Class 2 or
6greater felony, any felony violation of Article 24 of the
7Criminal Code of 1961 or the Criminal Code of 2012, or any
8adjudication as a delinquent minor for the commission of an
9offense that if committed by an adult would be a felony, in
10which case the aggrieved party may petition the circuit court
11in writing in the county of his or her residence for a hearing
12seeking relief from such denial or revocation.
13    (a-5) There is created a Firearm Owner's Identification
14Card Review Board to consider any appeal under subsection (a)
15beginning January 1, 2023, other than an appeal directed to
16the circuit court and except when the applicant is challenging
17the record upon which the decision to deny or revoke was based
18as provided in subsection (a-10).
19        (0.05) In furtherance of the policy of this Act that
20    the Board shall exercise its powers and duties in an
21    independent manner, subject to the provisions of this Act
22    but free from the direction, control, or influence of any
23    other agency or department of State government. All
24    expenses and liabilities incurred by the Board in the
25    performance of its responsibilities hereunder shall be
26    paid from funds which shall be appropriated to the Board

 

 

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1    by the General Assembly for the ordinary and contingent
2    expenses of the Board.
3        (1) The Board shall consist of 7 members appointed by
4    the Governor, with the advice and consent of the Senate,
5    with 3 members residing within the First Judicial District
6    and one member residing within each of the 4 remaining
7    Judicial Districts. No more than 4 members shall be
8    members of the same political party. The Governor shall
9    designate one member as the chairperson. The members shall
10    have actual experience in law, education, social work,
11    behavioral sciences, law enforcement, or community affairs
12    or in a combination of those areas.
13        (2) The terms of the members initially appointed after
14    January 1, 2022 (the effective date of Public Act 102-237)
15    shall be as follows: one of the initial members shall be
16    appointed for a term of one year, 3 shall be appointed for
17    terms of 2 years, and 3 shall be appointed for terms of 4
18    years. Thereafter, members shall hold office for 4 years,
19    with terms expiring on the second Monday in January
20    immediately following the expiration of their terms and
21    every 4 years thereafter. Members may be reappointed.
22    Vacancies in the office of member shall be filled in the
23    same manner as the original appointment, for the remainder
24    of the unexpired term. The Governor may remove a member
25    for incompetence, neglect of duty, malfeasance, or
26    inability to serve. Members shall receive compensation in

 

 

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1    an amount equal to the compensation of members of the
2    Executive Ethics Commission and, beginning July 1, 2023,
3    shall be compensated from appropriations provided to the
4    Comptroller for this purpose. Members may be reimbursed,
5    from funds appropriated for such a purpose, for reasonable
6    expenses actually incurred in the performance of their
7    Board duties. The Illinois State Police shall designate an
8    employee to serve as Executive Director of the Board and
9    provide logistical and administrative assistance to the
10    Board.
11        (3) The Board shall meet at least quarterly each year
12    and at the call of the chairperson as often as necessary to
13    consider appeals of decisions made with respect to
14    applications for a Firearm Owner's Identification Card
15    under this Act. If necessary to ensure the participation
16    of a member, the Board shall allow a member to participate
17    in a Board meeting by electronic communication. Any member
18    participating electronically shall be deemed present for
19    purposes of establishing a quorum and voting.
20        (4) The Board shall adopt rules for the review of
21    appeals and the conduct of hearings. The Board shall
22    maintain a record of its decisions and all materials
23    considered in making its decisions. All Board decisions
24    and voting records shall be kept confidential and all
25    materials considered by the Board shall be exempt from
26    inspection except upon order of a court.

 

 

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1        (5) In considering an appeal, the Board shall review
2    the materials received concerning the denial or revocation
3    by the Illinois State Police. By a vote of at least 4
4    members, the Board may request additional information from
5    the Illinois State Police or the applicant or the
6    testimony of the Illinois State Police or the applicant.
7    The Board may require that the applicant submit electronic
8    fingerprints to the Illinois State Police for an updated
9    background check if the Board determines it lacks
10    sufficient information to determine eligibility. The Board
11    may consider information submitted by the Illinois State
12    Police, a law enforcement agency, or the applicant. The
13    Board shall review each denial or revocation and determine
14    by a majority of members whether an applicant should be
15    granted relief under subsection (c).
16        (6) The Board shall by order issue summary decisions.
17    The Board shall issue a decision within 45 days of
18    receiving all completed appeal documents from the Illinois
19    State Police and the applicant. However, the Board need
20    not issue a decision within 45 days if:
21            (A) the Board requests information from the
22        applicant, including, but not limited to, electronic
23        fingerprints to be submitted to the Illinois State
24        Police, in accordance with paragraph (5) of this
25        subsection, in which case the Board shall make a
26        decision within 30 days of receipt of the required

 

 

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1        information from the applicant;
2            (B) the applicant agrees, in writing, to allow the
3        Board additional time to consider an appeal; or
4            (C) the Board notifies the applicant and the
5        Illinois State Police that the Board needs an
6        additional 30 days to issue a decision. The Board may
7        only issue 2 extensions under this subparagraph (C).
8        The Board's notification to the applicant and the
9        Illinois State Police shall include an explanation for
10        the extension.
11        (7) If the Board determines that the applicant is
12    eligible for relief under subsection (c), the Board shall
13    notify the applicant and the Illinois State Police that
14    relief has been granted and the Illinois State Police
15    shall issue the Card.
16        (8) Meetings of the Board shall not be subject to the
17    Open Meetings Act and records of the Board shall not be
18    subject to the Freedom of Information Act.
19        (9) The Board shall report monthly to the Governor and
20    the General Assembly on the number of appeals received and
21    provide details of the circumstances in which the Board
22    has determined to deny Firearm Owner's Identification
23    Cards under this subsection (a-5). The report shall not
24    contain any identifying information about the applicants.
25    (a-10) Whenever an applicant or cardholder is not seeking
26relief from a firearms prohibition under subsection (c) but

 

 

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1rather does not believe the applicant is appropriately denied
2or revoked and is challenging the record upon which the
3decision to deny or revoke the Firearm Owner's Identification
4Card was based, or whenever the Illinois State Police fails to
5act on an application within 30 days of its receipt, the
6applicant shall file such challenge with the Director. The
7Director shall render a decision within 60 business days of
8receipt of all information supporting the challenge. The
9Illinois State Police shall adopt rules for the review of a
10record challenge.
11    (b) At least 30 days before any hearing in the circuit
12court, the petitioner shall serve the relevant State's
13Attorney with a copy of the petition. The State's Attorney may
14object to the petition and present evidence. At the hearing,
15the court shall determine whether substantial justice has been
16done. Should the court determine that substantial justice has
17not been done, the court shall issue an order directing the
18Illinois State Police to issue a Card. However, the court
19shall not issue the order if the petitioner is otherwise
20prohibited from obtaining, possessing, or using a firearm
21under federal law.
22    (c) Any person prohibited from possessing a firearm under
23Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or
24acquiring a Firearm Owner's Identification Card under Section
258 of this Act may apply to the Firearm Owner's Identification
26Card Review Board or petition the circuit court in the county

 

 

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1where the petitioner resides, whichever is applicable in
2accordance with subsection (a) of this Section, requesting
3relief from such prohibition and the Board or court may grant
4such relief if it is established by the applicant to the
5court's or the Board's satisfaction that:
6        (0.05) when in the circuit court, the State's Attorney
7    has been served with a written copy of the petition at
8    least 30 days before any such hearing in the circuit court
9    and at the hearing the State's Attorney was afforded an
10    opportunity to present evidence and object to the
11    petition;
12        (1) the applicant has not been convicted of a forcible
13    felony under the laws of this State or any other
14    jurisdiction within 20 years of the applicant's
15    application for a Firearm Owner's Identification Card, or
16    at least 20 years have passed since the end of any period
17    of imprisonment imposed in relation to that conviction;
18        (2) the circumstances regarding a criminal conviction,
19    where applicable, the applicant's criminal history and his
20    reputation are such that the applicant will not be likely
21    to act in a manner dangerous to public safety;
22        (3) granting relief would not be contrary to the
23    public interest; and
24        (4) granting relief would not be contrary to federal
25    law.
26    (c-5) (1) An active law enforcement officer employed by a

 

 

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1unit of government or a Department of Corrections employee
2authorized to possess firearms who is denied, revoked, or has
3his or her Firearm Owner's Identification Card seized under
4subsection (e) of Section 8 of this Act may apply to the
5Firearm Owner's Identification Card Review Board requesting
6relief if the officer or employee did not act in a manner
7threatening to the officer or employee, another person, or the
8public as determined by the treating clinical psychologist or
9physician, and as a result of his or her work is referred by
10the employer for or voluntarily seeks mental health evaluation
11or treatment by a licensed clinical psychologist,
12psychiatrist, or qualified examiner, and:
13        (A) the officer or employee has not received treatment
14    involuntarily at a mental health facility, regardless of
15    the length of admission; or has not been voluntarily
16    admitted to a mental health facility for more than 30 days
17    and not for more than one incident within the past 5 years;
18    and
19        (B) the officer or employee has not left the mental
20    institution against medical advice.
21    (2) The Firearm Owner's Identification Card Review Board
22shall grant expedited relief to active law enforcement
23officers and employees described in paragraph (1) of this
24subsection (c-5) upon a determination by the Board that the
25officer's or employee's possession of a firearm does not
26present a threat to themselves, others, or public safety. The

 

 

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1Board shall act on the request for relief within 30 business
2days of receipt of:
3        (A) a notarized statement from the officer or employee
4    in the form prescribed by the Board detailing the
5    circumstances that led to the hospitalization;
6        (B) all documentation regarding the admission,
7    evaluation, treatment and discharge from the treating
8    licensed clinical psychologist or psychiatrist of the
9    officer;
10        (C) a psychological fitness for duty evaluation of the
11    person completed after the time of discharge; and
12        (D) written confirmation in the form prescribed by the
13    Board from the treating licensed clinical psychologist or
14    psychiatrist that the provisions set forth in paragraph
15    (1) of this subsection (c-5) have been met, the person
16    successfully completed treatment, and their professional
17    opinion regarding the person's ability to possess
18    firearms.
19    (3) Officers and employees eligible for the expedited
20relief in paragraph (2) of this subsection (c-5) have the
21burden of proof on eligibility and must provide all
22information required. The Board may not consider granting
23expedited relief until the proof and information is received.
24    (4) "Clinical psychologist", "psychiatrist", and
25"qualified examiner" shall have the same meaning as provided
26in Chapter I of the Mental Health and Developmental

 

 

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1Disabilities Code.
2    (c-10) (1) An applicant, who is denied, revoked, or has
3his or her Firearm Owner's Identification Card seized under
4subsection (e) of Section 8 of this Act based upon a
5determination of a developmental disability or an intellectual
6disability may apply to the Firearm Owner's Identification
7Card Review Board requesting relief.
8    (2) The Board shall act on the request for relief within 60
9business days of receipt of written certification, in the form
10prescribed by the Board, from a physician or clinical
11psychologist, or qualified examiner, that the aggrieved
12party's developmental disability or intellectual disability
13condition is determined by a physician, clinical psychologist,
14or qualified to be mild. If a fact-finding conference is
15scheduled to obtain additional information concerning the
16circumstances of the denial or revocation, the 60 business
17days the Director has to act shall be tolled until the
18completion of the fact-finding conference.
19    (3) The Board may grant relief if the aggrieved party's
20developmental disability or intellectual disability is mild as
21determined by a physician, clinical psychologist, or qualified
22examiner and it is established by the applicant to the Board's
23satisfaction that:
24        (A) granting relief would not be contrary to the
25    public interest; and
26        (B) granting relief would not be contrary to federal

 

 

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1    law.
2    (4) The Board may not grant relief if the condition is
3determined by a physician, clinical psychologist, or qualified
4examiner to be moderate, severe, or profound.
5    (5) The changes made to this Section by Public Act 99-29
6apply to requests for relief pending on or before July 10, 2015
7(the effective date of Public Act 99-29), except that the
860-day period for the Director to act on requests pending
9before the effective date shall begin on July 10, 2015 (the
10effective date of Public Act 99-29). All appeals as provided
11in subsection (a-5) pending on January 1, 2023 shall be
12considered by the Board.
13    (d) When a minor is adjudicated delinquent for an offense
14which if committed by an adult would be a felony, the court
15shall notify the Illinois State Police.
16    (e) The court shall review the denial of an application or
17the revocation of a Firearm Owner's Identification Card of a
18person who has been adjudicated delinquent for an offense that
19if committed by an adult would be a felony if an application
20for relief has been filed at least 10 years after the
21adjudication of delinquency and the court determines that the
22applicant should be granted relief from disability to obtain a
23Firearm Owner's Identification Card. If the court grants
24relief, the court shall notify the Illinois State Police that
25the disability has been removed and that the applicant is
26eligible to obtain a Firearm Owner's Identification Card.

 

 

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1    (f) Any person who is subject to the disabilities of 18
2U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act
3of 1968 because of an adjudication or commitment that occurred
4under the laws of this State or who was determined to be
5subject to the provisions of subsections (e), (f), or (g) of
6Section 8 of this Act may apply to the Illinois State Police
7requesting relief from that prohibition. The Board shall grant
8the relief if it is established by a preponderance of the
9evidence that the person will not be likely to act in a manner
10dangerous to public safety and that granting relief would not
11be contrary to the public interest. In making this
12determination, the Board shall receive evidence concerning (i)
13the circumstances regarding the firearms disabilities from
14which relief is sought; (ii) the petitioner's mental health
15and criminal history records, if any; (iii) the petitioner's
16reputation, developed at a minimum through character witness
17statements, testimony, or other character evidence; and (iv)
18changes in the petitioner's condition or circumstances since
19the disqualifying events relevant to the relief sought. If
20relief is granted under this subsection or by order of a court
21under this Section, the Director shall as soon as practicable
22but in no case later than 15 business days, update, correct,
23modify, or remove the person's record in any database that the
24Illinois State Police makes available to the National Instant
25Criminal Background Check System and notify the United States
26Attorney General that the basis for the record being made

 

 

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1available no longer applies. The Illinois State Police shall
2adopt rules for the administration of this Section.
3(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
4102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1115, eff.
51-9-23; 102-1129, eff. 2-10-23; revised 2-28-23.)
 
6    Section 525. The Children's Product Safety Act is amended
7by changing Section 10 as follows:
 
8    (430 ILCS 125/10)
9    Sec. 10. Definitions. In this Act:
10    (a) "Children's product" means a product, including, but
11not limited to, a full-size crib, non-full-size crib, toddler
12bed, bed, car seat, chair, high chair, booster chair, hook-on
13chair, bath seat, gate or other enclosure for confining a
14child, play yard, stationary activity center, carrier,
15stroller, walker, swing, or toy or play equipment, that meets
16the following criteria:
17        (i) the product is designed or intended for the care
18    of, or use by, any child under age 12; and
19        (ii) the product is designed or intended to come into
20    contact with the child while the product is used.
21    Notwithstanding any other provision of this Section, a
22product is not a "children's product" for purposes of this Act
23if:
24        (I) it may be used by or for the care of a child under

 

 

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1    age 9, but it is designed or intended for use by the
2    general population or segments of the general population
3    and not solely or primarily for use by or the care of a
4    child; or
5        (II) it is a medication, drug, or food or is intended
6    to be ingested.
7    (b) "Commercial dealer" means any person who deals in
8children's products or who otherwise by one's occupation holds
9oneself out as having knowledge or skill peculiar to
10children's products, or any person who is in the business of
11remanufacturing, retrofitting, selling, leasing, subletting,
12or otherwise placing in the stream of commerce children's
13products.
14    (b-5) "Manufacturer" means any person who makes and places
15into the stream of commerce a children's product as defined by
16this Act.
17    (b-10) "Importer" means any person who brings into this
18country and places into the stream of commerce a children's
19product.
20    (b-15) "Distributor" and "wholesaler" means any person,
21other than a manufacturer or retailer, who sells or resells or
22otherwise places into the stream of commerce a children's
23product.
24    (b-20) "Retailer" means any person other than a
25manufacturer, distributor, or wholesaler who sells, leases, or
26sublets children's products.

 

 

HB4844 Engrossed- 1610 -LRB103 39009 AMC 69146 b

1    (b-25) "First seller" means any retailer selling a
2children's product that has not been used or has not
3previously been owned. A first seller does not include an
4entity such as a second-hand or resale store.
5    (c) "Person" means a natural person, firm, corporation,
6limited liability company, or association, or an employee or
7agent of a natural person or an entity included in this
8definition.
9    (d) "Infant" means any person less than 35 inches tall and
10less than 3 years of age.
11    (e) "Crib" means a bed or containment designed to
12accommodate an infant.
13    (f) "Full-size crib" means a full-size crib as defined in
14Section 1508.3 of Title 16 of the Code of Federal Regulations
15regarding the requirements for full-size cribs.
16    (g) "Non-full-size crib" means a non-full-size crib as
17defined in Section 1509.2 of Title 16 of the Code of Federal
18Regulations regarding the requirements for non-full-size
19cribs.
20    (h) "End consumer" means a person who purchases a
21children's product for any purpose other than resale.
22(Source: P.A. 103-44, eff. 1-1-24; revised 1-2-24.)
 
23    Section 530. The Wildlife Code is amended by changing
24Sections 2.36, 2.37, and 3.5 as follows:
 

 

 

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1    (520 ILCS 5/2.36)  (from Ch. 61, par. 2.36)
2    Sec. 2.36. It shall be unlawful to buy, sell, or barter, or
3offer to buy, sell, or barter, and for a commercial
4institution, other than a regularly operated refrigerated
5storage establishment, to have in its possession any of the
6wild birds, or any part thereof (and their eggs), or wild
7mammals or any parts thereof, protected by this Act unless
8done as hereinafter provided:
9    Game birds or any parts thereof (and their eggs), may be
10held, possessed, raised and sold, or otherwise dealt with, as
11provided in Section 3.23 of this Act or when legally produced
12under similar special permit in another state or country and
13legally transported into the State of Illinois; provided that
14such imported game birds or any parts thereof, shall be marked
15with permanent irremovable tags, or similar devices, to
16establish and retain their origin and identity;
17    Rabbits may be legally taken and possessed as provided in
18Sections 3.23, 3.24, and 3.26 of this Act;
19    Deer, or any parts thereof, may be held, possessed, sold
20or otherwise dealt with as provided in this Section and
21Sections 3.23 and 3.24 of this Act;
22    If a properly tagged deer is processed at a licensed meat
23processing facility, the meat processor at the facility is an
24active member of the Illinois Sportsmen Against Hunger
25program, and the owner of the deer (i) fails to claim the
26processed deer within a reasonable time or (ii) notifies the

 

 

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1licensed meat processing facility that the owner no longer
2wants the processed deer, then the deer meat may be given away
3by the licensed meat processor to another person or donated to
4any other charitable organization or community food bank that
5receives wild game meat. The licensed meat processing facility
6may charge the person receiving the deer meat a reasonable and
7customary processing fee;
8    Meat processors who are active members of the Illinois
9Sportsmen Against Hunger program shall keep written records of
10all deer received. Records shall include the following
11information:
12        (1) the date the deer was received;
13        (2) the name, address, and telephone number of the
14    person from whom the deer was received;
15        (3) whether the deer was received as a whole carcass
16    or as deboned meat; if the deer was brought to the meat
17    processor as deboned meat, the processor shall include the
18    weight of the meat;
19        (4) the number and state of issuance of the permit of
20    the person from whom the deer was received; in the absence
21    of a permit number, the meat processor may rely on the
22    written certification of the person from whom the deer was
23    received that the deer was legally taken or obtained; and
24        (5) if the person who originally delivered the deer to
25    the meat processor fails to collect or make arrangements
26    for the packaged deer meat to be collected and the meat

 

 

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1    processor gives all or part of the unclaimed deer meat to
2    another person, the meat processor shall maintain a record
3    of the exchange; the meat processor's records shall
4    include the customer's name, physical address, telephone
5    number, as well as the quantity and type of deer meat given
6    to the customer. The meat processor shall also include the
7    amount of compensation received for the deer meat in his
8    or her records.
9    Meat processor records for unclaimed deer meat shall be
10open for inspection by any peace officer at any reasonable
11hour. Meat processors shall maintain records for a period of 2
12years after the date of receipt of the wild game or for as long
13as the specimen or meat remains in the meat processors
14possession, whichever is longer;
15    No meat processor shall have in his or her possession any
16deer that is not listed in his or her written records and
17properly tagged or labeled;
18    All licensed meat processors who ship any deer or parts of
19deer that have been held, possessed, or otherwise dealt with
20shall tag or label the shipment, and the tag or label shall
21state the name of the meat processor;
22    Nothing in this Section removes meat processors from
23responsibility for the observance of any State or federal
24laws, rules, or regulations that may apply to the meat
25processing business;
26    Fur-bearing mammals, or any parts thereof, may be held,

 

 

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1possessed, sold or otherwise dealt with as provided in
2Sections 3.16, 3.24, and 3.26 of this Act or when legally taken
3and possessed in Illinois or legally taken and possessed in
4and transported from other states or countries;
5    It is unlawful for any person to act as a nuisance wildlife
6control operator for fee or compensation without a permit as
7provided in subsection subsection (b) of Section 2.37 of this
8Act unless such trapping is in compliance with Section 2.30.
9    The inedible parts of game mammals may be held, possessed,
10sold, or otherwise dealt with when legally taken, in Illinois
11or legally taken and possessed in and transported from other
12states or countries.
13    Failure to establish proof of the legality of possession
14in another state or country and importation into the State of
15Illinois, shall be prima facie evidence that such game birds
16or any parts thereof, and their eggs, game mammals and
17fur-bearing mammals, or any parts thereof, were taken within
18the State of Illinois.
19(Source: P.A. 103-37, eff. 6-9-23; revised 9-20-23.)
 
20    (520 ILCS 5/2.37)  (from Ch. 61, par. 2.37)
21    Sec. 2.37. Authority to kill wildlife responsible for
22damage.
23    (a) Subject to federal regulations and Section 3 of the
24Illinois Endangered Species Protection Act, the Department may
25authorize owners and tenants of lands or their agents, who are

 

 

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1performing the service without fee or compensation, to remove
2or destroy any wild bird or wild mammal when the wild bird or
3wild mammal is known to be destroying property or causing a
4risk to human health or safety upon his or her land.
5    Upon receipt by the Department of information from the
6owner, tenant, or sharecropper that any one or more species of
7wildlife is damaging dams, levees, ditches, cattle pastures,
8or other property on the land on which he resides or controls,
9together with a statement regarding location of the property
10damages, the nature and extent of the damage, and the
11particular species of wildlife committing the damage, the
12Department shall make an investigation.
13    If, after investigation, the Department finds that damage
14does exist and can be abated only by removing or destroying
15that wildlife, a permit shall be issued by the Department to
16remove or destroy the species responsible for causing the
17damage.
18    A permit to control the damage shall be for a period of up
19to 90 days, shall specify the means and methods by which and
20the person or persons by whom the wildlife may be removed or
21destroyed, without fee or compensation, and shall set forth
22the disposition procedure to be made of all wildlife taken and
23other restrictions the Director considers necessary and
24appropriate in the circumstances of the particular case.
25Whenever possible, the specimens destroyed shall be given to a
26bona fide bona-fide public or State scientific, educational,

 

 

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1or zoological institution.
2    The permittee shall advise the Department in writing,
3within 10 days after the expiration date of the permit, of the
4number of individual species of wildlife taken, disposition
5made of them, and any other information which the Department
6may consider necessary.
7    (b) Subject to federal regulations and Section 3 of the
8Illinois Endangered Species Protection Act, the Department may
9grant the authority to control species protected by this Code
10pursuant to the issuance of a Nuisance Wildlife Control Permit
11to:
12        (1) any person who is providing such service for a fee
13    or compensation;
14        (2) a governmental body; or
15        (3) a nonprofit or other charitable organization.
16    The Department shall set forth applicable regulations in
17an Administrative Order and may require periodic reports
18listing species taken, numbers of each species taken, dates
19when taken, and other pertinent information.
20    Any person operating under a Nuisance Wildlife Control
21Permit who subcontracts the operation of nuisance wildlife
22control to another shall ensure that such subcontractor
23possesses a valid Nuisance Wildlife Control Permit issued by
24the Department. The person must maintain a record of the
25subcontractor including the subcontractor's name, address, and
26phone number, and type of work to be performed, for a period of

 

 

HB4844 Engrossed- 1617 -LRB103 39009 AMC 69146 b

1not less than 2 years from the date the subcontractor is no
2longer performing services on behalf of the person. The
3records shall be presented to an authorized employee of the
4Department or law enforcement officer upon request for
5inspection.
6    Any person operating without the required permit as
7outlined under this subsection (b) or in violation of this
8subsection (b) is deemed to be taking, attempting to take,
9disturbing, or harassing wildlife contrary to the provisions
10of this Code, including the taking or attempting to take such
11species for commercial purposes as outlined in Sections 2.36
12and 2.36a of this Code. Any devices and equipment, including
13vehicles, used in violation of this subsection (b) may be
14subject to the provisions of Section 1.25 of this Code.
15    (c) Except when operating under subsection (b) of this
16Section, drainage districts district fur trapping unless
17otherwise instructed by the Department district This authority
18only extends to control of beavers. Any other protected
19species must be controlled pursuant to subsection (b) or (c).
20    (c) The location of traps or snares authorized under this
21Section, either by the Department or any other governmental
22body with the authority to control species protected by this
23Code, shall be exempt from the provisions of the Freedom of
24Information Act.
25    (d) A drainage district or road district or the designee
26of a drainage district or road district shall be exempt from

 

 

HB4844 Engrossed- 1618 -LRB103 39009 AMC 69146 b

1the requirement to obtain a permit to control nuisance
2muskrats or beavers if all applicable provisions for licenses
3are complied with and any trap types and sizes used are in
4compliance with this Code Act, including marking or
5identification. The designee of a drainage district or road
6district must have a signed and dated written authorization
7from the drainage district or road district in possession at
8all times when conducting activities under this Section. This
9exemption from obtaining a permit shall be valid only upon
10property owned, leased, or controlled by the drainage district
11or road district. For the purposes of this Section, "road
12district" includes a township road district.
13(Source: P.A. 102-524, eff. 8-20-21; 103-37, eff. 6-9-23;
14103-225, eff. 6-30-23; revised 8-28-23.)
 
15    (520 ILCS 5/3.5)  (from Ch. 61, par. 3.5)
16    Sec. 3.5. Penalties; probation.
17    (a) Any person who violates any of the provisions of
18Section 2.36a, including administrative rules, shall be guilty
19of a Class 3 felony, except as otherwise provided in
20subsection (b) of this Section and subsection (a) of Section
212.36a.
22    (b) Whenever any person who has not previously been
23convicted of, or placed on probation or court supervision for,
24any offense under Section 1.22, 2.36, or 2.36a, operating
25without a permit as prescribed in subsection (b) of Section

 

 

HB4844 Engrossed- 1619 -LRB103 39009 AMC 69146 b

12.37, or an offense under subsection (i) or (cc) of Section
22.33, the court may, without entering a judgment and with the
3person's consent, sentence the person to probation for a
4violation of Section 2.36a.
5        (1) When a person is placed on probation, the court
6    shall enter an order specifying a period of probation of
7    24 months and shall defer further proceedings in the case
8    until the conclusion of the period or until the filing of a
9    petition alleging violation of a term or condition of
10    probation.
11        (2) The conditions of probation shall be that the
12    person:
13            (A) Not violate any criminal statute of any
14        jurisdiction.
15            (B) Perform no less than 30 hours of community
16        service, provided community service is available in
17        the jurisdiction and is funded and approved by the
18        county board.
19        (3) The court may, in addition to other conditions:
20            (A) Require that the person make a report to and
21        appear in person before or participate with the court
22        or courts, person, or social service agency as
23        directed by the court in the order of probation.
24            (B) Require that the person pay a fine and costs.
25            (C) Require that the person refrain from
26        possessing a firearm or other dangerous weapon.

 

 

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1            (D) Prohibit the person from associating with any
2        person who is actively engaged in any of the
3        activities regulated by the permits issued or
4        privileges granted by the Department of Natural
5        Resources.
6        (4) Upon violation of a term or condition of
7    probation, the court may enter a judgment on its original
8    finding of guilt and proceed as otherwise provided.
9        (5) Upon fulfillment of the terms and conditions of
10    probation, the court shall discharge the person and
11    dismiss the proceedings against the person.
12        (6) A disposition of probation is considered to be a
13    conviction for the purposes of imposing the conditions of
14    probation, for appeal, and for administrative revocation
15    and suspension of licenses and privileges; however,
16    discharge and dismissal under this Section is not a
17    conviction for purposes of disqualification or
18    disabilities imposed by law upon conviction of a crime.
19        (7) Discharge and dismissal under this Section may
20    occur only once with respect to any person.
21        (8) If a person is convicted of an offense under this
22    Act within 5 years subsequent to a discharge and dismissal
23    under this Section, the discharge and dismissal under this
24    Section shall be admissible in the sentencing proceeding
25    for that conviction as a factor in aggravation.
26        (9) The Circuit Clerk shall notify the Illinois State

 

 

HB4844 Engrossed- 1621 -LRB103 39009 AMC 69146 b

1    Police of all persons convicted of or placed under
2    probation for violations of Section 2.36a.
3    (c) Any person who violates any of the provisions of
4Sections 2.9, 2.11, 2.16, 2.18, 2.24, 2.25, 2.26, 2.29, 2.30,
52.31, 2.32, 2.33 (except subsections (g), (i), (o), (p), (y),
6and (cc)), 2.33-1, 2.33a, 3.3, 3.4, 3.11 through 3.16, 3.19,
73.20, 3.21 (except subsections (b), (c), (d), (e), (f), (f.5),
8(g), (h), and (i)), 3.24, 3.25, and 3.26 (except subsection
9(f)), including administrative rules, shall be guilty of a
10Class B misdemeanor.
11    A person who violates Section 2.33b by using any computer
12software or service to remotely control a weapon that takes
13wildlife by remote operation is guilty of a Class B
14misdemeanor. A person who violates Section 2.33b by
15facilitating a violation of Section 2.33b, including an owner
16of land in which remote control hunting occurs, a computer
17programmer who designs a program or software to facilitate
18remote control hunting, or a person who provides weapons or
19equipment to facilitate remote control hunting, is guilty of a
20Class A misdemeanor.
21    Any person who violates any of the provisions of Sections
221.22, 2.2a, 2.3, 2.4, 2.36, and 2.38, including administrative
23rules, shall be guilty of a Class A misdemeanor. Any second or
24subsequent violations of Sections 2.4 and 2.36 shall be a
25Class 4 felony.
26    Any person who violates any of the provisions of this Act,

 

 

HB4844 Engrossed- 1622 -LRB103 39009 AMC 69146 b

1including administrative rules, during such period when his
2license, privileges, or permit is revoked or denied by virtue
3of Section 3.36, shall be guilty of a Class A misdemeanor.
4    Any person who violates subsection (g), (i), (o), (p),
5(y), or (cc) of Section 2.33 shall be guilty of a Class A
6misdemeanor and subject to a fine of no less than $500 and no
7more than $5,000 in addition to other statutory penalties. In
8addition, the Department shall suspend the privileges, under
9this Act, of any person found guilty of violating subsection
10(cc) of Section 2.33(cc) for a period of not less than one
11year.
12    Any person who operates without a permit in violation of
13subsection (b) of Section 2.37 is guilty of a Class A
14misdemeanor and subject to a fine of not less than $500. Any
15other violation of subsection (b) of Section 2.37, including
16administrative rules, is a Class B misdemeanor.
17    Any person who violates any other of the provisions of
18this Act including administrative rules, unless otherwise
19stated, shall be guilty of a petty offense. Offenses committed
20by minors under the direct control or with the consent of a
21parent or guardian may subject the parent or guardian to the
22penalties prescribed in this Section.
23    In addition to any fines imposed pursuant to the
24provisions of this Section or as otherwise provided in this
25Act, any person found guilty of unlawfully taking or
26possessing any species protected by this Act, shall be

 

 

HB4844 Engrossed- 1623 -LRB103 39009 AMC 69146 b

1assessed a civil penalty for such species in accordance with
2the values prescribed in Section 2.36a of this Act. This civil
3penalty shall be imposed by the Circuit Court for the county
4within which the offense was committed at the time of the
5conviction. Any person found guilty of violating subsection
6(b) of Section 2.37 is subject to an additional civil penalty
7of up to $1,500. All penalties provided for in this Section
8shall be remitted to the Department in accordance with the
9same provisions provided for in Section 1.18 of this Act,
10except that civil penalties collected for violation of
11subsection Subsection (b) of Section 2.37 shall be remitted to
12the Department and allocated as follows:
13        (1) 60% to the Conservation Police Operations
14    Assistance Fund; and
15        (2) 40% to the Illinois Habitat Fund.
16(Source: P.A. 102-538, eff. 8-20-21; 103-37, eff. 6-9-23;
17revised 9-26-23.)
 
18    Section 535. The Illinois Highway Code is amended by
19changing Section 6-901 as follows:
 
20    (605 ILCS 5/6-901)  (from Ch. 121, par. 6-901)
21    Sec. 6-901. Annually, the General Assembly shall
22appropriate to the Department of Transportation from the Road
23Fund road fund, the General Revenue Fund general revenue fund,
24any other State funds, or a combination of those funds,

 

 

HB4844 Engrossed- 1624 -LRB103 39009 AMC 69146 b

1$60,000,000 for apportionment to counties for the use of road
2districts for the construction of bridges 20 feet or more in
3length, as provided in Sections 6-902 through 6-905.
4    The Department of Transportation shall apportion among the
5several counties of this State for the use of road districts
6the amounts appropriated under this Section. The amount
7apportioned to a county shall be in the proportion which the
8total mileage of township or district roads in the county
9bears to the total mileage of all township and district roads
10in the State. Each county shall allocate to the several road
11districts in the county the funds so apportioned to the
12county. The allocation to road districts shall be made in the
13same manner and be subject to the same conditions and
14qualifications as are provided by Section 8 of the "Motor Fuel
15Tax Law", approved March 25, 1929, as amended, with respect to
16the allocation to road districts of the amount allotted from
17the Motor Fuel Tax Fund for apportionment to counties for the
18use of road districts, but no allocation shall be made to any
19road district that has not levied taxes for road and bridge
20purposes and for bridge construction purposes at the maximum
21rates permitted by Sections 6-501, 6-508, and 6-512 of this
22Act, without referendum. "Road district" and "township or
23district road" have the meanings ascribed to those terms in
24this Act.
25    Road districts in counties in which a property tax
26extension limitation is imposed under the Property Tax

 

 

HB4844 Engrossed- 1625 -LRB103 39009 AMC 69146 b

1Extension Limitation Law that are made ineligible for receipt
2of this appropriation due to the imposition of a property tax
3extension limitation may become eligible if, at the time the
4property tax extension limitation was imposed, the road
5district was levying at the required rate and continues to
6levy the maximum allowable amount after the imposition of the
7property tax extension limitation. The road district also
8becomes eligible if it levies at or above the rate required for
9eligibility by Section 8 of the Motor Fuel Tax Law.
10    The amounts apportioned under this Section for allocation
11to road districts may be used only for bridge construction as
12provided in this Division. So much of those amounts as are not
13obligated under Sections 6-902 through 6-904 and for which
14local funds have not been committed under Section 6-905 within
1548 months of the date when such apportionment is made lapses
16and shall not be paid to the county treasurer for distribution
17to road districts.
18(Source: P.A. 103-8, eff. 6-7-23; revised 9-25-23.)
 
19    Section 540. The Illinois Vehicle Code is amended by
20changing Sections 2-119, 3-699.14, 6-103, 6-106.1, 6-118,
216-508.5, 7-315, 11-208.6, and 11-305 as follows:
 
22    (625 ILCS 5/2-119)  (from Ch. 95 1/2, par. 2-119)
23    Sec. 2-119. Disposition of fees and taxes.
24    (a) All moneys received from Salvage Certificates shall be

 

 

HB4844 Engrossed- 1626 -LRB103 39009 AMC 69146 b

1deposited in the Common School Fund in the State treasury
2Treasury.
3    (b) Of the money collected for each certificate of title,
4duplicate certificate of title, and corrected certificate of
5title:
6        (1) $2.60 shall be deposited in the Park and
7    Conservation Fund;
8        (2) $0.65 shall be deposited in the Illinois Fisheries
9    Management Fund;
10        (3) $48 shall be disbursed under subsection (g) of
11    this Section;
12        (4) $4 shall be deposited into the Motor Vehicle
13    License Plate Fund;
14        (5) $30 shall be deposited into the Capital Projects
15    Fund; and
16        (6) $10 shall be deposited into the Secretary of State
17    Special Services Fund.
18    All remaining moneys collected for certificates of title,
19and all moneys collected for filing of security interests,
20shall be deposited in the General Revenue Fund.
21    The $20 collected for each delinquent vehicle registration
22renewal fee shall be deposited into the General Revenue Fund.
23    The moneys deposited in the Park and Conservation Fund
24under this Section shall be used for the acquisition and
25development of bike paths as provided for in Section 805-420
26of the Department of Natural Resources (Conservation) Law of

 

 

HB4844 Engrossed- 1627 -LRB103 39009 AMC 69146 b

1the Civil Administrative Code of Illinois. The moneys
2deposited into the Park and Conservation Fund under this
3subsection shall not be subject to administrative charges or
4chargebacks, unless otherwise authorized by this Code.
5    If the balance in the Motor Vehicle License Plate Fund
6exceeds $40,000,000 on the last day of a calendar month, then
7during the next calendar month, the $4 that otherwise would be
8deposited in that fund shall instead be deposited into the
9Road Fund.
10    (c) All moneys collected for that portion of a driver's
11license fee designated for driver education under Section
126-118 shall be placed in the Drivers Education Fund in the
13State treasury Treasury.
14    (d) Of the moneys collected as a registration fee for each
15motorcycle, motor driven cycle, and moped, 27% shall be
16deposited in the Cycle Rider Safety Training Fund.
17    (e) (Blank).
18    (f) Of the total money collected for a commercial
19learner's permit (CLP) or original or renewal issuance of a
20commercial driver's license (CDL) pursuant to the Uniform
21Commercial Driver's License Act (UCDLA): (i) $6 of the total
22fee for an original or renewal CDL, and $6 of the total CLP fee
23when such permit is issued to any person holding a valid
24Illinois driver's license, shall be paid into the
25CDLIS/AAMVAnet/NMVTIS Trust Fund (Commercial Driver's License
26Information System/American Association of Motor Vehicle

 

 

HB4844 Engrossed- 1628 -LRB103 39009 AMC 69146 b

1Administrators network/National Motor Vehicle Title
2Information Service Trust Fund) and shall be used for the
3purposes provided in Section 6z-23 of the State Finance Act
4and (ii) $20 of the total fee for an original or renewal CDL or
5CLP shall be paid into the Motor Carrier Safety Inspection
6Fund, which is hereby created as a special fund in the State
7treasury Treasury, to be used by the Illinois State Police,
8subject to appropriation, to hire additional officers to
9conduct motor carrier safety inspections pursuant to Chapter
1018b of this Code.
11    (g) Of the moneys received by the Secretary of State as
12registration fees or taxes, certificates of title, duplicate
13certificates of title, corrected certificates of title, or as
14payment of any other fee under this Code, when those moneys are
15not otherwise distributed by this Code, 37% shall be deposited
16into the State Construction Account Fund, and 63% shall be
17deposited in the Road Fund. Moneys in the Road Fund shall be
18used for the purposes provided in Section 8.3 of the State
19Finance Act.
20    (h) (Blank).
21    (i) (Blank).
22    (j) (Blank).
23    (k) There is created in the State treasury Treasury a
24special fund to be known as the Secretary of State Special
25License Plate Fund. Money deposited into the Fund shall,
26subject to appropriation, be used by the Office of the

 

 

HB4844 Engrossed- 1629 -LRB103 39009 AMC 69146 b

1Secretary of State (i) to help defray plate manufacturing and
2plate processing costs for the issuance and, when applicable,
3renewal of any new or existing registration plates authorized
4under this Code and (ii) for grants made by the Secretary of
5State to benefit Illinois Veterans Home libraries.
6    (l) The Motor Vehicle Review Board Fund is created as a
7special fund in the State treasury Treasury. Moneys deposited
8into the Fund under paragraph (7) of subsection (b) of Section
95-101 and Section 5-109 shall, subject to appropriation, be
10used by the Office of the Secretary of State to administer the
11Motor Vehicle Review Board, including, without limitation,
12payment of compensation and all necessary expenses incurred in
13administering the Motor Vehicle Review Board under the Motor
14Vehicle Franchise Act.
15    (m) Effective July 1, 1996, there is created in the State
16treasury Treasury a special fund to be known as the Family
17Responsibility Fund. Moneys deposited into the Fund shall,
18subject to appropriation, be used by the Office of the
19Secretary of State for the purpose of enforcing the Illinois
20Safety and Family Financial Responsibility Law.
21    (n) The Illinois Fire Fighters' Memorial Fund is created
22as a special fund in the State treasury Treasury. Moneys
23deposited into the Fund shall, subject to appropriation, be
24used by the Office of the State Fire Marshal for construction
25of the Illinois Fire Fighters' Memorial to be located at the
26State Capitol grounds in Springfield, Illinois. Upon the

 

 

HB4844 Engrossed- 1630 -LRB103 39009 AMC 69146 b

1completion of the Memorial, moneys in the Fund shall be used in
2accordance with Section 3-634.
3    (o) Of the money collected for each certificate of title
4for all-terrain vehicles and off-highway motorcycles, $17
5shall be deposited into the Off-Highway Vehicle Trails Fund.
6    (p) For audits conducted on or after July 1, 2003 pursuant
7to Section 2-124(d) of this Code, 50% of the money collected as
8audit fees shall be deposited into the General Revenue Fund.
9    (q) Beginning July 1, 2023, the additional fees imposed by
10Public Act 103-8 this amendatory Act of the 103rd General
11Assembly in Sections 2-123, 3-821, and 6-118 shall be
12deposited into the Secretary of State Special Services Fund.
13(Source: P.A. 102-538, eff. 8-20-21; 103-8, eff. 7-1-23;
14revised 9-25-23.)
 
15    (625 ILCS 5/3-699.14)
16    Sec. 3-699.14. Universal special license plates.
17    (a) In addition to any other special license plate, the
18Secretary, upon receipt of all applicable fees and
19applications made in the form prescribed by the Secretary, may
20issue Universal special license plates to residents of
21Illinois on behalf of organizations that have been authorized
22by the General Assembly to issue decals for Universal special
23license plates. Appropriate documentation, as determined by
24the Secretary, shall accompany each application. Authorized
25organizations shall be designated by amendment to this

 

 

HB4844 Engrossed- 1631 -LRB103 39009 AMC 69146 b

1Section. When applying for a Universal special license plate
2the applicant shall inform the Secretary of the name of the
3authorized organization from which the applicant will obtain a
4decal to place on the plate. The Secretary shall make a record
5of that organization and that organization shall remain
6affiliated with that plate until the plate is surrendered,
7revoked, or otherwise cancelled. The authorized organization
8may charge a fee to offset the cost of producing and
9distributing the decal, but that fee shall be retained by the
10authorized organization and shall be separate and distinct
11from any registration fees charged by the Secretary. No decal,
12sticker, or other material may be affixed to a Universal
13special license plate other than a decal authorized by the
14General Assembly in this Section or a registration renewal
15sticker. The special plates issued under this Section shall be
16affixed only to passenger vehicles of the first division,
17including motorcycles and autocycles, or motor vehicles of the
18second division weighing not more than 8,000 pounds. Plates
19issued under this Section shall expire according to the
20multi-year procedure under Section 3-414.1 of this Code.
21    (b) The design, color, and format of the Universal special
22license plate shall be wholly within the discretion of the
23Secretary. Universal special license plates are not required
24to designate "Land of Lincoln", as prescribed in subsection
25(b) of Section 3-412 of this Code. The design shall allow for
26the application of a decal to the plate. Organizations

 

 

HB4844 Engrossed- 1632 -LRB103 39009 AMC 69146 b

1authorized by the General Assembly to issue decals for
2Universal special license plates shall comply with rules
3adopted by the Secretary governing the requirements for and
4approval of Universal special license plate decals. The
5Secretary may, in his or her discretion, allow Universal
6special license plates to be issued as vanity or personalized
7plates in accordance with Section 3-405.1 of this Code. The
8Secretary of State must make a version of the special
9registration plates authorized under this Section in a form
10appropriate for motorcycles and autocycles.
11    (c) When authorizing a Universal special license plate,
12the General Assembly shall set forth whether an additional fee
13is to be charged for the plate and, if a fee is to be charged,
14the amount of the fee and how the fee is to be distributed.
15When necessary, the authorizing language shall create a
16special fund in the State treasury into which fees may be
17deposited for an authorized Universal special license plate.
18Additional fees may only be charged if the fee is to be paid
19over to a State agency or to a charitable entity that is in
20compliance with the registration and reporting requirements of
21the Charitable Trust Act and the Solicitation for Charity Act.
22Any charitable entity receiving fees for the sale of Universal
23special license plates shall annually provide the Secretary of
24State a letter of compliance issued by the Attorney General
25verifying that the entity is in compliance with the Charitable
26Trust Act and the Solicitation for Charity Act.

 

 

HB4844 Engrossed- 1633 -LRB103 39009 AMC 69146 b

1    (d) Upon original issuance and for each registration
2renewal period, in addition to the appropriate registration
3fee, if applicable, the Secretary shall collect any additional
4fees, if required, for issuance of Universal special license
5plates. The fees shall be collected on behalf of the
6organization designated by the applicant when applying for the
7plate. All fees collected shall be transferred to the State
8agency on whose behalf the fees were collected, or paid into
9the special fund designated in the law authorizing the
10organization to issue decals for Universal special license
11plates. All money in the designated fund shall be distributed
12by the Secretary subject to appropriation by the General
13Assembly.
14    (e) The following organizations may issue decals for
15Universal special license plates with the original and renewal
16fees and fee distribution as follows:
17        (1) The Illinois Department of Natural Resources.
18            (A) Original issuance: $25; with $10 to the
19        Roadside Monarch Habitat Fund and $15 to the Secretary
20        of State Special License Plate Fund.
21            (B) Renewal: $25; with $23 to the Roadside Monarch
22        Habitat Fund and $2 to the Secretary of State Special
23        License Plate Fund.
24        (2) Illinois Veterans' Homes.
25            (A) Original issuance: $26, which shall be
26        deposited into the Illinois Veterans' Homes Fund.

 

 

HB4844 Engrossed- 1634 -LRB103 39009 AMC 69146 b

1            (B) Renewal: $26, which shall be deposited into
2        the Illinois Veterans' Homes Fund.
3        (3) The Illinois Department of Human Services for
4    volunteerism decals.
5            (A) Original issuance: $25, which shall be
6        deposited into the Secretary of State Special License
7        Plate Fund.
8            (B) Renewal: $25, which shall be deposited into
9        the Secretary of State Special License Plate Fund.
10        (4) The Illinois Department of Public Health.
11            (A) Original issuance: $25; with $10 to the
12        Prostate Cancer Awareness Fund and $15 to the
13        Secretary of State Special License Plate Fund.
14            (B) Renewal: $25; with $23 to the Prostate Cancer
15        Awareness Fund and $2 to the Secretary of State
16        Special License Plate Fund.
17        (5) Horsemen's Council of Illinois.
18            (A) Original issuance: $25; with $10 to the
19        Horsemen's Council of Illinois Fund and $15 to the
20        Secretary of State Special License Plate Fund.
21            (B) Renewal: $25; with $23 to the Horsemen's
22        Council of Illinois Fund and $2 to the Secretary of
23        State Special License Plate Fund.
24        (6) K9s for Veterans, NFP.
25            (A) Original issuance: $25; with $10 to the
26        Post-Traumatic Stress Disorder Awareness Fund and $15

 

 

HB4844 Engrossed- 1635 -LRB103 39009 AMC 69146 b

1        to the Secretary of State Special License Plate Fund.
2            (B) Renewal: $25; with $23 to the Post-Traumatic
3        Stress Disorder Awareness Fund and $2 to the Secretary
4        of State Special License Plate Fund.
5        (7) The International Association of Machinists and
6    Aerospace Workers.
7            (A) Original issuance: $35; with $20 to the Guide
8        Dogs of America Fund and $15 to the Secretary of State
9        Special License Plate Fund.
10            (B) Renewal: $25; with $23 going to the Guide Dogs
11        of America Fund and $2 to the Secretary of State
12        Special License Plate Fund.
13        (8) Local Lodge 701 of the International Association
14    of Machinists and Aerospace Workers.
15            (A) Original issuance: $35; with $10 to the Guide
16        Dogs of America Fund, $10 to the Mechanics Training
17        Fund, and $15 to the Secretary of State Special
18        License Plate Fund.
19            (B) Renewal: $30; with $13 to the Guide Dogs of
20        America Fund, $15 to the Mechanics Training Fund, and
21        $2 to the Secretary of State Special License Plate
22        Fund.
23        (9) Illinois Department of Human Services.
24            (A) Original issuance: $25; with $10 to the
25        Theresa Tracy Trot - Illinois CancerCare Foundation
26        Fund and $15 to the Secretary of State Special License

 

 

HB4844 Engrossed- 1636 -LRB103 39009 AMC 69146 b

1        Plate Fund.
2            (B) Renewal: $25; with $23 to the Theresa Tracy
3        Trot - Illinois CancerCare Foundation Fund and $2 to
4        the Secretary of State Special License Plate Fund.
5        (10) The Illinois Department of Human Services for
6    developmental disabilities awareness decals.
7            (A) Original issuance: $25; with $10 to the
8        Developmental Disabilities Awareness Fund and $15 to
9        the Secretary of State Special License Plate Fund.
10            (B) Renewal: $25; with $23 to the Developmental
11        Disabilities Awareness Fund and $2 to the Secretary of
12        State Special License Plate Fund.
13        (11) The Illinois Department of Human Services for
14    pediatric cancer awareness decals.
15            (A) Original issuance: $25; with $10 to the
16        Pediatric Cancer Awareness Fund and $15 to the
17        Secretary of State Special License Plate Fund.
18            (B) Renewal: $25; with $23 to the Pediatric Cancer
19        Awareness Fund and $2 to the Secretary of State
20        Special License Plate Fund.
21        (12) The Department of Veterans' Affairs for Fold of
22    Honor decals.
23            (A) Original issuance: $25; with $10 to the Folds
24        of Honor Foundation Fund and $15 to the Secretary of
25        State Special License Plate Fund.
26            (B) Renewal: $25; with $23 to the Folds of Honor

 

 

HB4844 Engrossed- 1637 -LRB103 39009 AMC 69146 b

1        Foundation Fund and $2 to the Secretary of State
2        Special License Plate Fund.
3        (13) The Illinois chapters of the Experimental
4    Aircraft Association for aviation enthusiast decals.
5            (A) Original issuance: $25; with $10 to the
6        Experimental Aircraft Association Fund and $15 to the
7        Secretary of State Special License Plate Fund.
8            (B) Renewal: $25; with $23 to the Experimental
9        Aircraft Association Fund and $2 to the Secretary of
10        State Special License Plate Fund.
11        (14) The Illinois Department of Human Services for
12    Child Abuse Council of the Quad Cities decals.
13            (A) Original issuance: $25; with $10 to the Child
14        Abuse Council of the Quad Cities Fund and $15 to the
15        Secretary of State Special License Plate Fund.
16            (B) Renewal: $25; with $23 to the Child Abuse
17        Council of the Quad Cities Fund and $2 to the Secretary
18        of State Special License Plate Fund.
19        (15) The Illinois Department of Public Health for
20    health care worker decals.
21            (A) Original issuance: $25; with $10 to the
22        Illinois Health Care Workers Benefit Fund, and $15 to
23        the Secretary of State Special License Plate Fund.
24            (B) Renewal: $25; with $23 to the Illinois Health
25        Care Workers Benefit Fund and $2 to the Secretary of
26        State Special License Plate Fund.

 

 

HB4844 Engrossed- 1638 -LRB103 39009 AMC 69146 b

1        (16) The Department of Agriculture for Future Farmers
2    of America decals.
3            (A) Original issuance: $25; with $10 to the Future
4        Farmers of America Fund and $15 to the Secretary of
5        State Special License Plate Fund.
6            (B) Renewal: $25; with $23 to the Future Farmers
7        of America Fund and $2 to the Secretary of State
8        Special License Plate Fund.
9        (17) The Illinois Department of Public Health for
10    autism awareness decals that are designed with input from
11    autism advocacy organizations.
12            (A) Original issuance: $25; with $10 to the Autism
13        Awareness Fund and $15 to the Secretary of State
14        Special License Plate Fund.
15            (B) Renewal: $25; with $23 to the Autism Awareness
16        Fund and $2 to the Secretary of State Special License
17        Plate Fund.
18        (18) (17) The Department of Natural Resources for Lyme
19    disease research decals.
20            (A) Original issuance: $25; with $10 to the Tick
21        Research, Education, and Evaluation Fund and $15 to
22        the Secretary of State Special License Plate Fund.
23            (B) Renewal: $25; with $23 to the Tick Research,
24        Education, and Evaluation Fund and $2 to the Secretary
25        of State Special License Plate Fund.
26        (19) (17) The IBEW Thank a Line Worker decal.

 

 

HB4844 Engrossed- 1639 -LRB103 39009 AMC 69146 b

1            (A) Original issuance: $15, which shall be
2        deposited into the Secretary of State Special License
3        Plate Fund.
4            (B) Renewal: $2, which shall be deposited into the
5        Secretary of State Special License Plate Fund.
6    (f) The following funds are created as special funds in
7the State treasury:
8        (1) The Roadside Monarch Habitat Fund. All money in
9    the Roadside Monarch Habitat Fund shall be paid as grants
10    to the Illinois Department of Natural Resources to fund
11    roadside monarch and other pollinator habitat development,
12    enhancement, and restoration projects in this State.
13        (2) The Prostate Cancer Awareness Fund. All money in
14    the Prostate Cancer Awareness Fund shall be paid as grants
15    to the Prostate Cancer Foundation of Chicago.
16        (3) The Horsemen's Council of Illinois Fund. All money
17    in the Horsemen's Council of Illinois Fund shall be paid
18    as grants to the Horsemen's Council of Illinois.
19        (4) The Post-Traumatic Stress Disorder Awareness Fund.
20    All money in the Post-Traumatic Stress Disorder Awareness
21    Fund shall be paid as grants to K9s for Veterans, NFP for
22    support, education, and awareness of veterans with
23    post-traumatic stress disorder.
24        (5) The Guide Dogs of America Fund. All money in the
25    Guide Dogs of America Fund shall be paid as grants to the
26    International Guiding Eyes, Inc., doing business as Guide

 

 

HB4844 Engrossed- 1640 -LRB103 39009 AMC 69146 b

1    Dogs of America.
2        (6) The Mechanics Training Fund. All money in the
3    Mechanics Training Fund shall be paid as grants to the
4    Mechanics Local 701 Training Fund.
5        (7) The Theresa Tracy Trot - Illinois CancerCare
6    Foundation Fund. All money in the Theresa Tracy Trot -
7    Illinois CancerCare Foundation Fund shall be paid to the
8    Illinois CancerCare Foundation for the purpose of
9    furthering pancreatic cancer research.
10        (8) The Developmental Disabilities Awareness Fund. All
11    money in the Developmental Disabilities Awareness Fund
12    shall be paid as grants to the Illinois Department of
13    Human Services to fund legal aid groups to assist with
14    guardianship fees for private citizens willing to become
15    guardians for individuals with developmental disabilities
16    but who are unable to pay the legal fees associated with
17    becoming a guardian.
18        (9) The Pediatric Cancer Awareness Fund. All money in
19    the Pediatric Cancer Awareness Fund shall be paid as
20    grants to the Cancer Center at Illinois for pediatric
21    cancer treatment and research.
22        (10) The Folds of Honor Foundation Fund. All money in
23    the Folds of Honor Foundation Fund shall be paid as grants
24    to the Folds of Honor Foundation to aid in providing
25    educational scholarships to military families.
26        (11) The Experimental Aircraft Association Fund. All

 

 

HB4844 Engrossed- 1641 -LRB103 39009 AMC 69146 b

1    money in the Experimental Aircraft Association Fund shall
2    be paid, subject to appropriation by the General Assembly
3    and distribution by the Secretary, as grants to promote
4    recreational aviation.
5        (12) The Child Abuse Council of the Quad Cities Fund.
6    All money in the Child Abuse Council of the Quad Cities
7    Fund shall be paid as grants to benefit the Child Abuse
8    Council of the Quad Cities.
9        (13) The Illinois Health Care Workers Benefit Fund.
10    All money in the Illinois Health Care Workers Benefit Fund
11    shall be paid as grants to the Trinity Health Foundation
12    for the benefit of health care workers, doctors, nurses,
13    and others who work in the health care industry in this
14    State.
15        (14) The Future Farmers of America Fund. All money in
16    the Future Farmers of America Fund shall be paid as grants
17    to the Illinois Association of Future Farmers of America.
18        (15) The Tick Research, Education, and Evaluation
19    Fund. All money in the Tick Research, Education, and
20    Evaluation Fund shall be paid as grants to the Illinois
21    Lyme Association.
22(Source: P.A. 102-383, eff. 1-1-22; 102-422, eff. 8-20-21;
23102-423, eff. 8-20-21; 102-515, eff. 1-1-22; 102-558, eff.
248-20-21; 102-809, eff. 1-1-23; 102-813, eff. 5-13-22; 103-112,
25eff. 1-1-24; 103-163, eff. 1-1-24; 103-349, eff. 1-1-24;
26revised 12-15-23.)
 

 

 

HB4844 Engrossed- 1642 -LRB103 39009 AMC 69146 b

1    (625 ILCS 5/6-103)  (from Ch. 95 1/2, par. 6-103)
2    Sec. 6-103. What persons shall not be licensed as drivers
3or granted permits. The Secretary of State shall not issue,
4renew, or allow the retention of any driver's license nor
5issue any permit under this Code:
6        1. To any person, as a driver, who is under the age of
7    18 years except as provided in Section 6-107, and except
8    that an instruction permit may be issued under Section
9    6-107.1 to a child who is not less than 15 years of age if
10    the child is enrolled in an approved driver education
11    course as defined in Section 1-103 of this Code and
12    requires an instruction permit to participate therein,
13    except that an instruction permit may be issued under the
14    provisions of Section 6-107.1 to a child who is 17 years
15    and 3 months of age without the child having enrolled in an
16    approved driver education course and except that an
17    instruction permit may be issued to a child who is at least
18    15 years and 3 months of age, is enrolled in school, meets
19    the educational requirements of the Driver Education Act,
20    and has passed examinations the Secretary of State in his
21    or her discretion may prescribe;
22        1.5. To any person at least 18 years of age but less
23    than 21 years of age unless the person has, in addition to
24    any other requirements of this Code, successfully
25    completed an adult driver education course as provided in

 

 

HB4844 Engrossed- 1643 -LRB103 39009 AMC 69146 b

1    Section 6-107.5 of this Code;
2        2. To any person who is under the age of 18 as an
3    operator of a motorcycle other than a motor driven cycle
4    unless the person has, in addition to meeting the
5    provisions of Section 6-107 of this Code, successfully
6    completed a motorcycle training course approved by the
7    Illinois Department of Transportation;
8        3. To any person, as a driver, whose driver's license
9    or permit has been suspended, during the suspension, nor
10    to any person whose driver's license or permit has been
11    revoked, except as provided in Sections 6-205, 6-206, and
12    6-208;
13        4. To any person, as a driver, who is a user of alcohol
14    or any other drug to a degree that renders the person
15    incapable of safely driving a motor vehicle;
16        5. To any person, as a driver, who has previously been
17    adjudged to be afflicted with or suffering from any mental
18    or physical disability or disease and who has not at the
19    time of application been restored to competency by the
20    methods provided by law;
21        6. To any person, as a driver, who is required by the
22    Secretary of State to submit an alcohol and drug
23    evaluation or take an examination provided for in this
24    Code unless the person has successfully passed the
25    examination and submitted any required evaluation;
26        7. To any person who is required under the provisions

 

 

HB4844 Engrossed- 1644 -LRB103 39009 AMC 69146 b

1    of the laws of this State to deposit security or proof of
2    financial responsibility and who has not deposited the
3    security or proof;
4        8. To any person when the Secretary of State has good
5    cause to believe that the person by reason of physical or
6    mental disability would not be able to safely operate a
7    motor vehicle upon the highways, unless the person shall
8    furnish to the Secretary of State a verified written
9    statement, acceptable to the Secretary of State, from a
10    competent medical specialist, a licensed physician
11    assistant, or a licensed advanced practice registered
12    nurse, to the effect that the operation of a motor vehicle
13    by the person would not be inimical to the public safety;
14        9. To any person, as a driver, who is 69 years of age
15    or older, unless the person has successfully complied with
16    the provisions of Section 6-109;
17        10. To any person convicted, within 12 months of
18    application for a license, of any of the sexual offenses
19    enumerated in paragraph 2 of subsection (b) of Section
20    6-205;
21        11. To any person who is under the age of 21 years with
22    a classification prohibited in paragraph (b) of Section
23    6-104 and to any person who is under the age of 18 years
24    with a classification prohibited in paragraph (c) of
25    Section 6-104;
26        12. To any person who has been either convicted of or

 

 

HB4844 Engrossed- 1645 -LRB103 39009 AMC 69146 b

1    adjudicated under the Juvenile Court Act of 1987 based
2    upon a violation of the Cannabis Control Act, the Illinois
3    Controlled Substances Act, or the Methamphetamine Control
4    and Community Protection Act while that person was in
5    actual physical control of a motor vehicle. For purposes
6    of this Section, any person placed on probation under
7    Section 10 of the Cannabis Control Act, Section 410 of the
8    Illinois Controlled Substances Act, or Section 70 of the
9    Methamphetamine Control and Community Protection Act shall
10    not be considered convicted. Any person found guilty of
11    this offense, while in actual physical control of a motor
12    vehicle, shall have an entry made in the court record by
13    the judge that this offense did occur while the person was
14    in actual physical control of a motor vehicle and order
15    the clerk of the court to report the violation to the
16    Secretary of State as such. The Secretary of State shall
17    not issue a new license or permit for a period of one year;
18        13. To any person who is under the age of 18 years and
19    who has committed the offense of operating a motor vehicle
20    without a valid license or permit in violation of Section
21    6-101 or a similar out-of-state out of state offense;
22        14. To any person who is 90 days or more delinquent in
23    court ordered child support payments or has been
24    adjudicated in arrears in an amount equal to 90 days'
25    obligation or more and who has been found in contempt of
26    court for failure to pay the support, subject to the

 

 

HB4844 Engrossed- 1646 -LRB103 39009 AMC 69146 b

1    requirements and procedures of Article VII of Chapter 7 of
2    the Illinois Vehicle Code;
3        14.5. To any person certified by the Illinois
4    Department of Healthcare and Family Services as being 90
5    days or more delinquent in payment of support under an
6    order of support entered by a court or administrative body
7    of this or any other State, subject to the requirements
8    and procedures of Article VII of Chapter 7 of this Code
9    regarding those certifications;
10        15. To any person released from a term of imprisonment
11    for violating Section 9-3 of the Criminal Code of 1961 or
12    the Criminal Code of 2012, or a similar provision of a law
13    of another state relating to reckless homicide or for
14    violating subparagraph (F) of paragraph (1) of subsection
15    (d) of Section 11-501 of this Code relating to aggravated
16    driving under the influence of alcohol, other drug or
17    drugs, intoxicating compound or compounds, or any
18    combination thereof, if the violation was the proximate
19    cause of a death, within 24 months of release from a term
20    of imprisonment;
21        16. To any person who, with intent to influence any
22    act related to the issuance of any driver's license or
23    permit, by an employee of the Secretary of State's Office,
24    or the owner or employee of any commercial driver training
25    school licensed by the Secretary of State, or any other
26    individual authorized by the laws of this State to give

 

 

HB4844 Engrossed- 1647 -LRB103 39009 AMC 69146 b

1    driving instructions or administer all or part of a
2    driver's license examination, promises or tenders to that
3    person any property or personal advantage which that
4    person is not authorized by law to accept. Any persons
5    promising or tendering such property or personal advantage
6    shall be disqualified from holding any class of driver's
7    license or permit for 120 consecutive days. The Secretary
8    of State shall establish by rule the procedures for
9    implementing this period of disqualification and the
10    procedures by which persons so disqualified may obtain
11    administrative review of the decision to disqualify;
12        17. To any person for whom the Secretary of State
13    cannot verify the accuracy of any information or
14    documentation submitted in application for a driver's
15    license;
16        18. To any person who has been adjudicated under the
17    Juvenile Court Act of 1987 based upon an offense that is
18    determined by the court to have been committed in
19    furtherance of the criminal activities of an organized
20    gang, as provided in Section 5-710 of that Act, and that
21    involved the operation or use of a motor vehicle or the use
22    of a driver's license or permit. The person shall be
23    denied a license or permit for the period determined by
24    the court; or
25        19. To any person who holds a REAL ID compliant
26    identification card or REAL ID compliant Person with a

 

 

HB4844 Engrossed- 1648 -LRB103 39009 AMC 69146 b

1    Disability Identification Card issued under the Illinois
2    Identification Card Act. Any such person may, at his or
3    her discretion, surrender the REAL ID compliant
4    identification card or REAL ID compliant Person with a
5    Disability Identification Card in order to become eligible
6    to obtain a REAL ID compliant driver's license.
7    The Secretary of State shall retain all conviction
8information, if the information is required to be held
9confidential under the Juvenile Court Act of 1987.
10(Source: P.A. 103-162, eff. 1-1-24; revised 1-2-24.)
 
11    (625 ILCS 5/6-106.1)
12    Sec. 6-106.1. School bus driver permit.
13    (a) The Secretary of State shall issue a school bus driver
14permit for the operation of first or second division vehicles
15being operated as school buses or a permit valid only for the
16operation of first division vehicles being operated as school
17buses to those applicants who have met all the requirements of
18the application and screening process under this Section to
19insure the welfare and safety of children who are transported
20on school buses throughout the State of Illinois. Applicants
21shall obtain the proper application required by the Secretary
22of State from their prospective or current employer and submit
23the completed application to the prospective or current
24employer along with the necessary fingerprint submission as
25required by the Illinois State Police to conduct

 

 

HB4844 Engrossed- 1649 -LRB103 39009 AMC 69146 b

1fingerprint-based fingerprint based criminal background checks
2on current and future information available in the State state
3system and current information available through the Federal
4Bureau of Investigation's system. Applicants who have
5completed the fingerprinting requirements shall not be
6subjected to the fingerprinting process when applying for
7subsequent permits or submitting proof of successful
8completion of the annual refresher course. Individuals who on
9July 1, 1995 (the effective date of Public Act 88-612) possess
10a valid school bus driver permit that has been previously
11issued by the appropriate Regional School Superintendent are
12not subject to the fingerprinting provisions of this Section
13as long as the permit remains valid and does not lapse. The
14applicant shall be required to pay all related application and
15fingerprinting fees as established by rule, including, but not
16limited to, the amounts established by the Illinois State
17Police and the Federal Bureau of Investigation to process
18fingerprint-based fingerprint based criminal background
19investigations. All fees paid for fingerprint processing
20services under this Section shall be deposited into the State
21Police Services Fund for the cost incurred in processing the
22fingerprint-based fingerprint based criminal background
23investigations. All other fees paid under this Section shall
24be deposited into the Road Fund for the purpose of defraying
25the costs of the Secretary of State in administering this
26Section. All applicants must:

 

 

HB4844 Engrossed- 1650 -LRB103 39009 AMC 69146 b

1        1. be 21 years of age or older;
2        2. possess a valid and properly classified driver's
3    license issued by the Secretary of State;
4        3. possess a valid driver's license, which has not
5    been revoked, suspended, or canceled for 3 years
6    immediately prior to the date of application, or have not
7    had his or her commercial motor vehicle driving privileges
8    disqualified within the 3 years immediately prior to the
9    date of application;
10        4. successfully pass a first division or second
11    division written test, administered by the Secretary of
12    State, on school bus operation, school bus safety, and
13    special traffic laws relating to school buses and submit
14    to a review of the applicant's driving habits by the
15    Secretary of State at the time the written test is given;
16        5. demonstrate ability to exercise reasonable care in
17    the operation of school buses in accordance with rules
18    promulgated by the Secretary of State;
19        6. demonstrate physical fitness to operate school
20    buses by submitting the results of a medical examination,
21    including tests for drug use for each applicant not
22    subject to such testing pursuant to federal law, conducted
23    by a licensed physician, a licensed advanced practice
24    registered nurse, or a licensed physician assistant within
25    90 days of the date of application according to standards
26    promulgated by the Secretary of State;

 

 

HB4844 Engrossed- 1651 -LRB103 39009 AMC 69146 b

1        7. affirm under penalties of perjury that he or she
2    has not made a false statement or knowingly concealed a
3    material fact in any application for permit;
4        8. have completed an initial classroom course,
5    including first aid procedures, in school bus driver
6    safety as promulgated by the Secretary of State; and,
7    after satisfactory completion of said initial course, an
8    annual refresher course; such courses and the agency or
9    organization conducting such courses shall be approved by
10    the Secretary of State; failure to complete the annual
11    refresher course, shall result in cancellation of the
12    permit until such course is completed;
13        9. not have been under an order of court supervision
14    for or convicted of 2 or more serious traffic offenses, as
15    defined by rule, within one year prior to the date of
16    application that may endanger the life or safety of any of
17    the driver's passengers within the duration of the permit
18    period;
19        10. not have been under an order of court supervision
20    for or convicted of reckless driving, aggravated reckless
21    driving, driving while under the influence of alcohol,
22    other drug or drugs, intoxicating compound or compounds or
23    any combination thereof, or reckless homicide resulting
24    from the operation of a motor vehicle within 3 years of the
25    date of application;
26        11. not have been convicted of committing or

 

 

HB4844 Engrossed- 1652 -LRB103 39009 AMC 69146 b

1    attempting to commit any one or more of the following
2    offenses: (i) those offenses defined in Sections 8-1,
3    8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1,
4    10-2, 10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9,
5    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5,
6    11-6.6, 11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1,
7    11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16,
8    11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
9    11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22, 11-23,
10    11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05, 12-3.1,
11    12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
12    12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.3, 12-6, 12-6.2,
13    12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14,
14    12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 12-33, 12C-5,
15    12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1, 18-1,
16    18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2,
17    20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6,
18    24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1.1,
19    33A-2, and 33D-1, in subsection (A), clauses (a) and (b),
20    of Section 24-3, and those offenses contained in Article
21    29D of the Criminal Code of 1961 or the Criminal Code of
22    2012; (ii) those offenses defined in the Cannabis Control
23    Act except those offenses defined in subsections (a) and
24    (b) of Section 4, and subsection (a) of Section 5 of the
25    Cannabis Control Act; (iii) those offenses defined in the
26    Illinois Controlled Substances Act; (iv) those offenses

 

 

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1    defined in the Methamphetamine Control and Community
2    Protection Act; (v) any offense committed or attempted in
3    any other state or against the laws of the United States,
4    which if committed or attempted in this State would be
5    punishable as one or more of the foregoing offenses; (vi)
6    the offenses defined in Section 4.1 and 5.1 of the Wrongs
7    to Children Act or Section 11-9.1A of the Criminal Code of
8    1961 or the Criminal Code of 2012; (vii) those offenses
9    defined in Section 6-16 of the Liquor Control Act of 1934;
10    and (viii) those offenses defined in the Methamphetamine
11    Precursor Control Act;
12        12. not have been repeatedly involved as a driver in
13    motor vehicle collisions or been repeatedly convicted of
14    offenses against laws and ordinances regulating the
15    movement of traffic, to a degree which indicates lack of
16    ability to exercise ordinary and reasonable care in the
17    safe operation of a motor vehicle or disrespect for the
18    traffic laws and the safety of other persons upon the
19    highway;
20        13. not have, through the unlawful operation of a
21    motor vehicle, caused a crash resulting in the death of
22    any person;
23        14. not have, within the last 5 years, been adjudged
24    to be afflicted with or suffering from any mental
25    disability or disease;
26        15. consent, in writing, to the release of results of

 

 

HB4844 Engrossed- 1654 -LRB103 39009 AMC 69146 b

1    reasonable suspicion drug and alcohol testing under
2    Section 6-106.1c of this Code by the employer of the
3    applicant to the Secretary of State; and
4        16. not have been convicted of committing or
5    attempting to commit within the last 20 years: (i) an
6    offense defined in subsection (c) of Section 4, subsection
7    (b) of Section 5, and subsection (a) of Section 8 of the
8    Cannabis Control Act; or (ii) any offenses in any other
9    state or against the laws of the United States that, if
10    committed or attempted in this State, would be punishable
11    as one or more of the foregoing offenses.
12    (a-5) If an applicant's driver's license has been
13suspended within the 3 years immediately prior to the date of
14application for the sole reason of failure to pay child
15support, that suspension shall not bar the applicant from
16receiving a school bus driver permit.
17    (a-10) (a-5) By January 1, 2024, the Secretary of State,
18in conjunction with the Illinois State Board of Education,
19shall develop a separate classroom course and refresher course
20for operation of vehicles of the first division being operated
21as school buses. Regional superintendents of schools, working
22with the Illinois State Board of Education, shall offer the
23course.
24    (b) A school bus driver permit shall be valid for a period
25specified by the Secretary of State as set forth by rule. It
26shall be renewable upon compliance with subsection (a) of this

 

 

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1Section.
2    (c) A school bus driver permit shall contain the holder's
3driver's license number, legal name, residence address, zip
4code, and date of birth, a brief description of the holder, and
5a space for signature. The Secretary of State may require a
6suitable photograph of the holder.
7    (d) The employer shall be responsible for conducting a
8pre-employment interview with prospective school bus driver
9candidates, distributing school bus driver applications and
10medical forms to be completed by the applicant, and submitting
11the applicant's fingerprint cards to the Illinois State Police
12that are required for the criminal background investigations.
13The employer shall certify in writing to the Secretary of
14State that all pre-employment conditions have been
15successfully completed including the successful completion of
16an Illinois specific criminal background investigation through
17the Illinois State Police and the submission of necessary
18fingerprints to the Federal Bureau of Investigation for
19criminal history information available through the Federal
20Bureau of Investigation system. The applicant shall present
21the certification to the Secretary of State at the time of
22submitting the school bus driver permit application.
23    (e) Permits shall initially be provisional upon receiving
24certification from the employer that all pre-employment
25conditions have been successfully completed, and upon
26successful completion of all training and examination

 

 

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1requirements for the classification of the vehicle to be
2operated, the Secretary of State shall provisionally issue a
3School Bus Driver Permit. The permit shall remain in a
4provisional status pending the completion of the Federal
5Bureau of Investigation's criminal background investigation
6based upon fingerprinting specimens submitted to the Federal
7Bureau of Investigation by the Illinois State Police. The
8Federal Bureau of Investigation shall report the findings
9directly to the Secretary of State. The Secretary of State
10shall remove the bus driver permit from provisional status
11upon the applicant's successful completion of the Federal
12Bureau of Investigation's criminal background investigation.
13    (f) A school bus driver permit holder shall notify the
14employer and the Secretary of State if he or she is issued an
15order of court supervision for or convicted in another state
16of an offense that would make him or her ineligible for a
17permit under subsection (a) of this Section. The written
18notification shall be made within 5 days of the entry of the
19order of court supervision or conviction. Failure of the
20permit holder to provide the notification is punishable as a
21petty offense for a first violation and a Class B misdemeanor
22for a second or subsequent violation.
23    (g) Cancellation; suspension; notice and procedure.
24        (1) The Secretary of State shall cancel a school bus
25    driver permit of an applicant whose criminal background
26    investigation discloses that he or she is not in

 

 

HB4844 Engrossed- 1657 -LRB103 39009 AMC 69146 b

1    compliance with the provisions of subsection (a) of this
2    Section.
3        (2) The Secretary of State shall cancel a school bus
4    driver permit when he or she receives notice that the
5    permit holder fails to comply with any provision of this
6    Section or any rule promulgated for the administration of
7    this Section.
8        (3) The Secretary of State shall cancel a school bus
9    driver permit if the permit holder's restricted commercial
10    or commercial driving privileges are withdrawn or
11    otherwise invalidated.
12        (4) The Secretary of State may not issue a school bus
13    driver permit for a period of 3 years to an applicant who
14    fails to obtain a negative result on a drug test as
15    required in item 6 of subsection (a) of this Section or
16    under federal law.
17        (5) The Secretary of State shall forthwith suspend a
18    school bus driver permit for a period of 3 years upon
19    receiving notice that the holder has failed to obtain a
20    negative result on a drug test as required in item 6 of
21    subsection (a) of this Section or under federal law.
22        (6) The Secretary of State shall suspend a school bus
23    driver permit for a period of 3 years upon receiving
24    notice from the employer that the holder failed to perform
25    the inspection procedure set forth in subsection (a) or
26    (b) of Section 12-816 of this Code.

 

 

HB4844 Engrossed- 1658 -LRB103 39009 AMC 69146 b

1        (7) The Secretary of State shall suspend a school bus
2    driver permit for a period of 3 years upon receiving
3    notice from the employer that the holder refused to submit
4    to an alcohol or drug test as required by Section 6-106.1c
5    or has submitted to a test required by that Section which
6    disclosed an alcohol concentration of more than 0.00 or
7    disclosed a positive result on a National Institute on
8    Drug Abuse five-drug panel, utilizing federal standards
9    set forth in 49 CFR 40.87.
10    The Secretary of State shall notify the State
11Superintendent of Education and the permit holder's
12prospective or current employer that the applicant has (1) has
13failed a criminal background investigation or (2) is no longer
14eligible for a school bus driver permit; and of the related
15cancellation of the applicant's provisional school bus driver
16permit. The cancellation shall remain in effect pending the
17outcome of a hearing pursuant to Section 2-118 of this Code.
18The scope of the hearing shall be limited to the issuance
19criteria contained in subsection (a) of this Section. A
20petition requesting a hearing shall be submitted to the
21Secretary of State and shall contain the reason the individual
22feels he or she is entitled to a school bus driver permit. The
23permit holder's employer shall notify in writing to the
24Secretary of State that the employer has certified the removal
25of the offending school bus driver from service prior to the
26start of that school bus driver's next work shift workshift.

 

 

HB4844 Engrossed- 1659 -LRB103 39009 AMC 69146 b

1An employing school board that fails to remove the offending
2school bus driver from service is subject to the penalties
3defined in Section 3-14.23 of the School Code. A school bus
4contractor who violates a provision of this Section is subject
5to the penalties defined in Section 6-106.11.
6    All valid school bus driver permits issued under this
7Section prior to January 1, 1995, shall remain effective until
8their expiration date unless otherwise invalidated.
9    (h) When a school bus driver permit holder who is a service
10member is called to active duty, the employer of the permit
11holder shall notify the Secretary of State, within 30 days of
12notification from the permit holder, that the permit holder
13has been called to active duty. Upon notification pursuant to
14this subsection, (i) the Secretary of State shall characterize
15the permit as inactive until a permit holder renews the permit
16as provided in subsection (i) of this Section, and (ii) if a
17permit holder fails to comply with the requirements of this
18Section while called to active duty, the Secretary of State
19shall not characterize the permit as invalid.
20    (i) A school bus driver permit holder who is a service
21member returning from active duty must, within 90 days, renew
22a permit characterized as inactive pursuant to subsection (h)
23of this Section by complying with the renewal requirements of
24subsection (b) of this Section.
25    (j) For purposes of subsections (h) and (i) of this
26Section:

 

 

HB4844 Engrossed- 1660 -LRB103 39009 AMC 69146 b

1    "Active duty" means active duty pursuant to an executive
2order of the President of the United States, an act of the
3Congress of the United States, or an order of the Governor.
4    "Service member" means a member of the Armed Services or
5reserve forces of the United States or a member of the Illinois
6National Guard.
7    (k) A private carrier employer of a school bus driver
8permit holder, having satisfied the employer requirements of
9this Section, shall be held to a standard of ordinary care for
10intentional acts committed in the course of employment by the
11bus driver permit holder. This subsection (k) shall in no way
12limit the liability of the private carrier employer for
13violation of any provision of this Section or for the
14negligent hiring or retention of a school bus driver permit
15holder.
16(Source: P.A. 101-458, eff. 1-1-20; 102-168, eff. 7-27-21;
17102-299, eff. 8-6-21; 102-538, eff. 8-20-21; 102-726, eff.
181-1-23; 102-813, eff. 5-13-22; 102-982, eff. 7-1-23; 102-1130,
19eff. 7-1-23; revised 9-19-23.)
 
20    (625 ILCS 5/6-118)
21    Sec. 6-118. Fees.
22    (a) The fees for licenses and permits under this Article
23are as follows:
24    Original driver's license.............................$30
25    Original or renewal driver's license

 

 

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1        issued to 18, 19, and 20 year olds................. $5
2    All driver's licenses for persons
3        age 69 through age 80.............................. $5
4    All driver's licenses for persons
5        age 81 through age 86.............................. $2
6    All driver's licenses for persons
7        age 87 or older....................................$0
8    Renewal driver's license (except for
9        applicants ages 18, 19, and 20 or
10        age 69 and older).................................$30
11    Original instruction permit issued to
12        persons (except those age 69 and older)
13        who do not hold or have not previously
14        held an Illinois instruction permit or
15        driver's license.................................. $20
16    Instruction permit issued to any person
17        holding an Illinois driver's license
18        who wishes a change in classifications,
19        other than at the time of renewal.................. $5
20    Any instruction permit issued to a person
21        age 69 and older................................... $5
22    Instruction permit issued to any person,
23        under age 69, not currently holding a
24        valid Illinois driver's license or
25        instruction permit but who has
26        previously been issued either document

 

 

HB4844 Engrossed- 1662 -LRB103 39009 AMC 69146 b

1        in Illinois....................................... $10
2    Restricted driving permit.............................. $8
3    Monitoring device driving permit...................... $8
4    Duplicate or corrected driver's license
5        or permit.......................................... $5
6    Duplicate or corrected restricted
7        driving permit..................................... $5
8    Duplicate or corrected monitoring
9    device driving permit.................................. $5
10    Duplicate driver's license or permit issued to
11        an active-duty member of the
12        United States Armed Forces,
13        the member's spouse, or
14        the dependent children living
15        with the member................................... $0
16    Original or renewal M or L endorsement................. $5
17SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
18        The fees for commercial driver licenses and permits
19    under Article V shall be as follows:
20    Commercial driver's license:
21        $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund
22        (Commercial Driver's License Information
23        System/American Association of Motor Vehicle
24        Administrators network/National Motor Vehicle
25        Title Information Service Trust Fund);
26        $20 for the Motor Carrier Safety Inspection Fund;

 

 

HB4844 Engrossed- 1663 -LRB103 39009 AMC 69146 b

1        $10 for the driver's license;
2        and $24 for the CDL:............................. $60
3    Renewal commercial driver's license:
4        $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund;
5        $20 for the Motor Carrier Safety Inspection Fund;
6        $10 for the driver's license; and
7        $24 for the CDL:................................. $60
8    Commercial learner's permit
9        issued to any person holding a valid
10        Illinois driver's license for the
11        purpose of changing to a
12        CDL classification:
13        $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund;
14        $20 for the Motor Carrier Safety Inspection Fund; and
15        $24 for the CDL classification................... $50
16    Commercial learner's permit
17        issued to any person holding a valid
18        Illinois CDL for the purpose of
19        making a change in a classification,
20        endorsement or restriction........................ $5
21    CDL duplicate or corrected license.................... $5
22    In order to ensure the proper implementation of the
23Uniform Commercial Driver License Act, Article V of this
24Chapter, the Secretary of State is empowered to prorate the
25$24 fee for the commercial driver's license proportionate to
26the expiration date of the applicant's Illinois driver's

 

 

HB4844 Engrossed- 1664 -LRB103 39009 AMC 69146 b

1license.
2    The fee for any duplicate license or permit shall be
3waived for any person who presents the Secretary of State's
4office with a police report showing that his license or permit
5was stolen.
6    The fee for any duplicate license or permit shall be
7waived for any person age 60 or older whose driver's license or
8permit has been lost or stolen.
9    No additional fee shall be charged for a driver's license,
10or for a commercial driver's license, when issued to the
11holder of an instruction permit for the same classification or
12type of license who becomes eligible for such license.
13    The fee for a restricted driving permit under this
14subsection (a) shall be imposed annually until the expiration
15of the permit.
16    (a-5) The fee for a driver's record or data contained
17therein is $20 and shall be disbursed as set forth in
18subsection (k) of Section 2-123 of this Code.
19    (b) Any person whose license or privilege to operate a
20motor vehicle in this State has been suspended or revoked
21under Section 3-707, any provision of Chapter 6, Chapter 11,
22or Section 7-205, 7-303, or 7-702 of the Illinois Safety and
23Family Financial Responsibility Law of this Code, shall in
24addition to any other fees required by this Code, pay a
25reinstatement fee as follows:
26    Suspension under Section 3-707..................... $100

 

 

HB4844 Engrossed- 1665 -LRB103 39009 AMC 69146 b

1    Suspension under Section 11-1431....................$100
2    Summary suspension under Section 11-501.1...........$250
3    Suspension under Section 11-501.9...................$250
4    Summary revocation under Section 11-501.1............$500
5    Other suspension......................................$70
6    Revocation...........................................$500
7    However, any person whose license or privilege to operate
8a motor vehicle in this State has been suspended or revoked for
9a second or subsequent time for a violation of Section 11-501,
1011-501.1, or 11-501.9 of this Code or a similar provision of a
11local ordinance or a similar out-of-state offense or Section
129-3 of the Criminal Code of 1961 or the Criminal Code of 2012
13and each suspension or revocation was for a violation of
14Section 11-501, 11-501.1, or 11-501.9 of this Code or a
15similar provision of a local ordinance or a similar
16out-of-state offense or Section 9-3 of the Criminal Code of
171961 or the Criminal Code of 2012 shall pay, in addition to any
18other fees required by this Code, a reinstatement fee as
19follows:
20    Summary suspension under Section 11-501.1............$500
21    Suspension under Section 11-501.9...................$500
22    Summary revocation under Section 11-501.1............$500
23    Revocation...........................................$500
24    (c) All fees collected under the provisions of this
25Chapter 6 shall be disbursed under subsection (g) of Section
262-119 of this Code, except as follows:

 

 

HB4844 Engrossed- 1666 -LRB103 39009 AMC 69146 b

1        1. The following amounts shall be paid into the
2    Drivers Education Fund:
3            (A) $16 of the $20 fee for an original driver's
4        instruction permit;
5            (B) $5 of the $30 fee for an original driver's
6        license;
7            (C) $5 of the $30 fee for a 4 year renewal driver's
8        license;
9            (D) $4 of the $8 fee for a restricted driving
10        permit; and
11            (E) $4 of the $8 fee for a monitoring device
12        driving permit.
13        2. $30 of the $250 fee for reinstatement of a license
14    summarily suspended under Section 11-501.1 or suspended
15    under Section 11-501.9 shall be deposited into the Drunk
16    and Drugged Driving Prevention Fund. However, for a person
17    whose license or privilege to operate a motor vehicle in
18    this State has been suspended or revoked for a second or
19    subsequent time for a violation of Section 11-501,
20    11-501.1, or 11-501.9 of this Code or Section 9-3 of the
21    Criminal Code of 1961 or the Criminal Code of 2012, $190 of
22    the $500 fee for reinstatement of a license summarily
23    suspended under Section 11-501.1 or suspended under
24    Section 11-501.9, and $190 of the $500 fee for
25    reinstatement of a revoked license shall be deposited into
26    the Drunk and Drugged Driving Prevention Fund. $190 of the

 

 

HB4844 Engrossed- 1667 -LRB103 39009 AMC 69146 b

1    $500 fee for reinstatement of a license summarily revoked
2    pursuant to Section 11-501.1 shall be deposited into the
3    Drunk and Drugged Driving Prevention Fund.
4        3. $6 of the original or renewal fee for a commercial
5    driver's license and $6 of the commercial learner's permit
6    fee when the permit is issued to any person holding a valid
7    Illinois driver's license, shall be paid into the
8    CDLIS/AAMVAnet/NMVTIS Trust Fund.
9        4. $30 of the $70 fee for reinstatement of a license
10    suspended under the Illinois Safety and Family Financial
11    Responsibility Law shall be paid into the Family
12    Responsibility Fund.
13        5. The $5 fee for each original or renewal M or L
14    endorsement shall be deposited into the Cycle Rider Safety
15    Training Fund.
16        6. $20 of any original or renewal fee for a commercial
17    driver's license or commercial learner's permit shall be
18    paid into the Motor Carrier Safety Inspection Fund.
19        7. The following amounts shall be paid into the
20    General Revenue Fund:
21            (A) $190 of the $250 reinstatement fee for a
22        summary suspension under Section 11-501.1 or a
23        suspension under Section 11-501.9;
24            (B) $40 of the $70 reinstatement fee for any other
25        suspension provided in subsection (b) of this Section;
26        and

 

 

HB4844 Engrossed- 1668 -LRB103 39009 AMC 69146 b

1            (C) $440 of the $500 reinstatement fee for a first
2        offense revocation and $310 of the $500 reinstatement
3        fee for a second or subsequent revocation.
4        8. Fees collected under paragraph (4) of subsection
5    (d) and subsection (h) of Section 6-205 of this Code;
6    subparagraph (C) of paragraph 3 of subsection (c) of
7    Section 6-206 of this Code; and paragraph (4) of
8    subsection (a) of Section 6-206.1 of this Code, shall be
9    paid into the funds set forth in those Sections.
10    (d) All of the proceeds of the additional fees imposed by
11this amendatory Act of the 96th General Assembly shall be
12deposited into the Capital Projects Fund.
13    (e) The additional fees imposed by this amendatory Act of
14the 96th General Assembly shall become effective 90 days after
15becoming law. The additional fees imposed by this amendatory
16Act of the 103rd General Assembly shall become effective July
171, 2023 and shall be paid into the Secretary of State Special
18Services Fund.
19    (f) As used in this Section, "active-duty member of the
20United States Armed Forces" means a member of the Armed
21Services or Reserve Forces of the United States or a member of
22the Illinois National Guard who is called to active duty
23pursuant to an executive order of the President of the United
24States, an act of the Congress of the United States, or an
25order of the Governor.
26(Source: P.A. 103-8, eff. 7-1-23; revised 9-26-23.)
 

 

 

HB4844 Engrossed- 1669 -LRB103 39009 AMC 69146 b

1    (625 ILCS 5/6-508.5)
2    Sec. 6-508.5. Drug and alcohol clearinghouse.
3    (a) No driver who has engaged in conduct prohibited by
4subpart B of 49 CFR 382 shall perform safety-sensitive
5functions, including driving a commercial motor vehicle,
6unless the driver has met the return-to-duty return to duty
7requirements of subpart O of 49 CFR 40 and, if the driver's CDL
8or CLP was canceled, has had the CDL or CLP reinstated.
9    (b) By applying for a CDL or CLP, a driver is deemed to
10have consented to the release of information from the drug and
11alcohol clearinghouse to the Secretary of State.
12    (c) No later than November 18, 2024, the Secretary shall
13request information from the drug and alcohol clearinghouse
14for all applicants applying for an initial, renewal, transfer,
15or upgraded CDL or CLP. If the Secretary receives notification
16that pursuant to 49 CFR 382.503 the applicant is prohibited
17from operating a commercial motor vehicle, the Secretary shall
18not issue, renew, transfer, or upgrade a CDL or CLP.
19    (d) No later than November 18, 2024, the Secretary must,
20upon receiving notification from the drug and alcohol
21clearinghouse that a holder of a CDL or CLP is prohibited from
22operating a commercial motor vehicle, cancel the CDL or CLP.
23The cancellation must be completed and recorded on the CDLIS
24driver record within 60 days after the State's receipt of such
25a notification. Upon notification from the Federal Motor

 

 

HB4844 Engrossed- 1670 -LRB103 39009 AMC 69146 b

1Carrier Safety Administration that a driver has completed the
2return-to-duty process, the Secretary may reinstate the
3driver's CDL or CLP privileges.
4    (e) Upon notification from the Federal Motor Carrier
5Safety Administration that a violation was entered into the
6drug and alcohol clearinghouse erroneously, the Secretary
7shall reinstate the driver's CDL or CLP privileges and remove
8the cancellation from the driving record.
9(Source: P.A. 103-179, eff. 6-30-23; revised 9-26-23.)
 
10    (625 ILCS 5/7-315)  (from Ch. 95 1/2, par. 7-315)
11    Sec. 7-315. Certificate A certificate of insurance proof.
12    (a) Proof of financial responsibility may be made by
13filing with the Secretary of State the electronic certificate
14of any insurance carrier duly authorized to do business in
15this State, certifying that it has issued to or for the benefit
16of the person furnishing such proof and named as the insured in
17a motor vehicle liability policy, a motor vehicle liability
18policy or policies or in certain events an operator's policy
19meeting the requirements of this Code and that said policy or
20policies are then in full force and effect. All electronic
21certificates must be submitted in a manner satisfactory to the
22Secretary of State.
23    (b) Such certificate or certificates shall give the dates
24of issuance and expiration of such policy or policies and
25certify that the same shall not be canceled unless 15 days'

 

 

HB4844 Engrossed- 1671 -LRB103 39009 AMC 69146 b

1prior electronic notice thereof be given to the Secretary of
2State and shall explicitly describe all motor vehicles covered
3thereby unless the policy or policies are issued to a person
4who is not the owner of a motor vehicle.
5    (c) The Secretary of State shall not accept any
6certificate or certificates unless the same shall cover all
7motor vehicles then registered in this State in the name of the
8person furnishing such proof as owner and an additional
9certificate or certificates shall be required as a condition
10precedent to the subsequent registration of any motor vehicle
11or motor vehicles in the name of the person giving such proof
12as owner.
13(Source: P.A. 103-179, eff. 6-30-23; revised 9-26-23.)
 
14    (625 ILCS 5/11-208.6)
15    Sec. 11-208.6. Automated traffic law enforcement system.
16    (a) As used in this Section, "automated traffic law
17enforcement system" means a device with one or more motor
18vehicle sensors working in conjunction with a red light signal
19to produce recorded images of motor vehicles entering an
20intersection against a red signal indication in violation of
21Section 11-306 of this Code or a similar provision of a local
22ordinance.
23    An automated traffic law enforcement system is a system,
24in a municipality or county operated by a governmental agency,
25that produces a recorded image of a motor vehicle's violation

 

 

HB4844 Engrossed- 1672 -LRB103 39009 AMC 69146 b

1of a provision of this Code or a local ordinance and is
2designed to obtain a clear recorded image of the vehicle and
3the vehicle's license plate. The recorded image must also
4display the time, date, and location of the violation.
5    (b) As used in this Section, "recorded images" means
6images recorded by an automated traffic law enforcement system
7on:
8        (1) 2 or more photographs;
9        (2) 2 or more microphotographs;
10        (3) 2 or more electronic images; or
11        (4) a video recording showing the motor vehicle and,
12    on at least one image or portion of the recording, clearly
13    identifying the registration plate or digital registration
14    plate number of the motor vehicle.
15    (b-5) A municipality or county that produces a recorded
16image of a motor vehicle's violation of a provision of this
17Code or a local ordinance must make the recorded images of a
18violation accessible to the alleged violator by providing the
19alleged violator with a website address, accessible through
20the Internet.
21    (c) Except as provided under Section 11-208.8 of this
22Code, a county or municipality, including a home rule county
23or municipality, may not use an automated traffic law
24enforcement system to provide recorded images of a motor
25vehicle for the purpose of recording its speed. Except as
26provided under Section 11-208.8 of this Code, the regulation

 

 

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1of the use of automated traffic law enforcement systems to
2record vehicle speeds is an exclusive power and function of
3the State. This subsection (c) is a denial and limitation of
4home rule powers and functions under subsection (h) of Section
56 of Article VII of the Illinois Constitution.
6    (c-5) A county or municipality, including a home rule
7county or municipality, may not use an automated traffic law
8enforcement system to issue violations in instances where the
9motor vehicle comes to a complete stop and does not enter the
10intersection, as defined by Section 1-132 of this Code, during
11the cycle of the red signal indication unless one or more
12pedestrians or bicyclists are present, even if the motor
13vehicle stops at a point past a stop line or crosswalk where a
14driver is required to stop, as specified in subsection (c) of
15Section 11-306 of this Code or a similar provision of a local
16ordinance.
17    (c-6) A county, or a municipality with less than 2,000,000
18inhabitants, including a home rule county or municipality, may
19not use an automated traffic law enforcement system to issue
20violations in instances where a motorcyclist enters an
21intersection against a red signal indication when the red
22signal fails to change to a green signal within a reasonable
23period of time not less than 120 seconds because of a signal
24malfunction or because the signal has failed to detect the
25arrival of the motorcycle due to the motorcycle's size or
26weight.

 

 

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1    (d) For each violation of a provision of this Code or a
2local ordinance recorded by an automatic traffic law
3enforcement system, the county or municipality having
4jurisdiction shall issue a written notice of the violation to
5the registered owner of the vehicle as the alleged violator.
6The notice shall be delivered to the registered owner of the
7vehicle, by mail, within 30 days after the Secretary of State
8notifies the municipality or county of the identity of the
9owner of the vehicle, but in no event later than 90 days after
10the violation.
11    The notice shall include:
12        (1) the name and address of the registered owner of
13    the vehicle;
14        (2) the registration number of the motor vehicle
15    involved in the violation;
16        (3) the violation charged;
17        (4) the location where the violation occurred;
18        (5) the date and time of the violation;
19        (6) a copy of the recorded images;
20        (7) the amount of the civil penalty imposed and the
21    requirements of any traffic education program imposed and
22    the date by which the civil penalty should be paid and the
23    traffic education program should be completed;
24        (8) a statement that recorded images are evidence of a
25    violation of a red light signal;
26        (9) a warning that failure to pay the civil penalty,

 

 

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1    to complete a required traffic education program, or to
2    contest liability in a timely manner is an admission of
3    liability;
4        (10) a statement that the person may elect to proceed
5    by:
6            (A) paying the fine, completing a required traffic
7        education program, or both; or
8            (B) challenging the charge in court, by mail, or
9        by administrative hearing; and
10        (11) a website address, accessible through the
11    Internet, where the person may view the recorded images of
12    the violation.
13    (e) (Blank).
14    (f) Based on inspection of recorded images produced by an
15automated traffic law enforcement system, a notice alleging
16that the violation occurred shall be evidence of the facts
17contained in the notice and admissible in any proceeding
18alleging a violation under this Section.
19    (g) Recorded images made by an automatic traffic law
20enforcement system are confidential and shall be made
21available only to the alleged violator and governmental and
22law enforcement agencies for purposes of adjudicating a
23violation of this Section, for statistical purposes, or for
24other governmental purposes. Any recorded image evidencing a
25violation of this Section, however, may be admissible in any
26proceeding resulting from the issuance of the citation.

 

 

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1    (h) The court or hearing officer may consider in defense
2of a violation:
3        (1) that the motor vehicle or registration plates or
4    digital registration plates of the motor vehicle were
5    stolen before the violation occurred and not under the
6    control of or in the possession of the owner or lessee at
7    the time of the violation;
8        (1.5) that the motor vehicle was hijacked before the
9    violation occurred and not under the control of or in the
10    possession of the owner or lessee at the time of the
11    violation;
12        (2) that the driver of the vehicle passed through the
13    intersection when the light was red either (i) in order to
14    yield the right-of-way to an emergency vehicle or (ii) as
15    part of a funeral procession; and
16        (3) any other evidence or issues provided by municipal
17    or county ordinance.
18    (i) To demonstrate that the motor vehicle was hijacked or
19the motor vehicle or registration plates or digital
20registration plates were stolen before the violation occurred
21and were not under the control or possession of the owner or
22lessee at the time of the violation, the owner or lessee must
23submit proof that a report concerning the motor vehicle or
24registration plates was filed with a law enforcement agency in
25a timely manner.
26    (j) Unless the driver of the motor vehicle received a

 

 

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1Uniform Traffic Citation from a police officer at the time of
2the violation, the motor vehicle owner is subject to a civil
3penalty not exceeding $100 or the completion of a traffic
4education program, or both, plus an additional penalty of not
5more than $100 for failure to pay the original penalty or to
6complete a required traffic education program, or both, in a
7timely manner, if the motor vehicle is recorded by an
8automated traffic law enforcement system. A violation for
9which a civil penalty is imposed under this Section is not a
10violation of a traffic regulation governing the movement of
11vehicles and may not be recorded on the driving record of the
12owner of the vehicle.
13    (j-3) A registered owner who is a holder of a valid
14commercial driver's license is not required to complete a
15traffic education program.
16    (j-5) For purposes of the required traffic education
17program only, a registered owner may submit an affidavit to
18the court or hearing officer swearing that at the time of the
19alleged violation, the vehicle was in the custody and control
20of another person. The affidavit must identify the person in
21custody and control of the vehicle, including the person's
22name and current address. The person in custody and control of
23the vehicle at the time of the violation is required to
24complete the required traffic education program. If the person
25in custody and control of the vehicle at the time of the
26violation completes the required traffic education program,

 

 

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1the registered owner of the vehicle is not required to
2complete a traffic education program.
3    (k) An intersection equipped with an automated traffic law
4enforcement system must be posted with a sign visible to
5approaching traffic indicating that the intersection is being
6monitored by an automated traffic law enforcement system and
7informing drivers whether, following a stop, a right turn at
8the intersection is permitted or prohibited.
9    (k-3) A municipality or county that has one or more
10intersections equipped with an automated traffic law
11enforcement system must provide notice to drivers by posting
12the locations of automated traffic law systems on the
13municipality or county website.
14    (k-5) An intersection equipped with an automated traffic
15law enforcement system must have a yellow change interval that
16conforms with the Illinois Manual on Uniform Traffic Control
17Devices (IMUTCD) published by the Illinois Department of
18Transportation. Beginning 6 months before it installs an
19automated traffic law enforcement system at an intersection, a
20county or municipality may not change the yellow change
21interval at that intersection.
22    (k-7) A municipality or county operating an automated
23traffic law enforcement system shall conduct a statistical
24analysis to assess the safety impact of each automated traffic
25law enforcement system at an intersection following
26installation of the system and every 2 years thereafter. Each

 

 

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1statistical analysis shall be based upon the best available
2crash, traffic, and other data, and shall cover a period of
3time before and after installation of the system sufficient to
4provide a statistically valid comparison of safety impact.
5Each statistical analysis shall be consistent with
6professional judgment and acceptable industry practice. Each
7statistical analysis also shall be consistent with the data
8required for valid comparisons of before and after conditions
9and shall be conducted within a reasonable period following
10the installation of the automated traffic law enforcement
11system. Each statistical analysis required by this subsection
12(k-7) shall be made available to the public and shall be
13published on the website of the municipality or county. If a
14statistical analysis 36-month indicates that there has been an
15increase in the rate of crashes at the approach to the
16intersection monitored by the system, the municipality or
17county shall undertake additional studies to determine the
18cause and severity of the crashes, and may take any action that
19it determines is necessary or appropriate to reduce the number
20or severity of the crashes at that intersection.
21    (k-8) Any municipality or county operating an automated
22traffic law enforcement system before July 28, 2023 (the
23effective date of Public Act 103-364) this amendatory Act of
24the 103rd General Assembly shall conduct a statistical
25analysis to assess the safety impact of each automated traffic
26law enforcement system at an intersection by no later than one

 

 

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1year after July 28, 2023 (the effective date of Public Act
2103-364) this amendatory Act of the 103rd General Assembly and
3every 2 years thereafter. The statistical analyses shall be
4based upon the best available crash, traffic, and other data,
5and shall cover a period of time before and after installation
6of the system sufficient to provide a statistically valid
7comparison of safety impact. The statistical analyses shall be
8consistent with professional judgment and acceptable industry
9practice. The statistical analyses also shall be consistent
10with the data required for valid comparisons of before and
11after conditions. The statistical analyses required by this
12subsection shall be made available to the public and shall be
13published on the website of the municipality or county. If the
14statistical analysis for any period following installation of
15the system indicates that there has been an increase in the
16rate of accidents at the approach to the intersection
17monitored by the system, the municipality or county shall
18undertake additional studies to determine the cause and
19severity of the accidents, and may take any action that it
20determines is necessary or appropriate to reduce the number or
21severity of the accidents at that intersection.
22    (l) The compensation paid for an automated traffic law
23enforcement system must be based on the value of the equipment
24or the services provided and may not be based on the number of
25traffic citations issued or the revenue generated by the
26system.

 

 

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1    (l-1) No member of the General Assembly and no officer or
2employee of a municipality or county shall knowingly accept
3employment or receive compensation or fees for services from a
4vendor that provides automated traffic law enforcement system
5equipment or services to municipalities or counties. No former
6member of the General Assembly shall, within a period of 2
7years immediately after the termination of service as a member
8of the General Assembly, knowingly accept employment or
9receive compensation or fees for services from a vendor that
10provides automated traffic law enforcement system equipment or
11services to municipalities or counties. No former officer or
12employee of a municipality or county shall, within a period of
132 years immediately after the termination of municipal or
14county employment, knowingly accept employment or receive
15compensation or fees for services from a vendor that provides
16automated traffic law enforcement system equipment or services
17to municipalities or counties.
18    (m) This Section applies only to the counties of Cook,
19DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and
20to municipalities located within those counties.
21    (n) The fee for participating in a traffic education
22program under this Section shall not exceed $25.
23    A low-income individual required to complete a traffic
24education program under this Section who provides proof of
25eligibility for the federal earned income tax credit under
26Section 32 of the Internal Revenue Code or the Illinois earned

 

 

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1income tax credit under Section 212 of the Illinois Income Tax
2Act shall not be required to pay any fee for participating in a
3required traffic education program.
4    (o) (Blank).
5    (p) No person who is the lessor of a motor vehicle pursuant
6to a written lease agreement shall be liable for an automated
7speed or traffic law enforcement system violation involving
8such motor vehicle during the period of the lease; provided
9that upon the request of the appropriate authority received
10within 120 days after the violation occurred, the lessor
11provides within 60 days after such receipt the name and
12address of the lessee.
13    Upon the provision of information by the lessor pursuant
14to this subsection, the county or municipality may issue the
15violation to the lessee of the vehicle in the same manner as it
16would issue a violation to a registered owner of a vehicle
17pursuant to this Section, and the lessee may be held liable for
18the violation.
19    (q) If a county or municipality selects a new vendor for
20its automated traffic law enforcement system and must, as a
21consequence, apply for a permit, approval, or other
22authorization from the Department for reinstallation of one or
23more malfunctioning components of that system and if, at the
24time of the application for the permit, approval, or other
25authorization, the new vendor operates an automated traffic
26law enforcement system for any other county or municipality in

 

 

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1the State, then the Department shall approve or deny the
2county or municipality's application for the permit, approval,
3or other authorization within 90 days after its receipt.
4    (r) The Department may revoke any permit, approval, or
5other authorization granted to a county or municipality for
6the placement, installation, or operation of an automated
7traffic law enforcement system if any official or employee who
8serves that county or municipality is charged with bribery,
9official misconduct, or a similar crime related to the
10placement, installation, or operation of the automated traffic
11law enforcement system in the county or municipality.
12    The Department shall adopt any rules necessary to
13implement and administer this subsection. The rules adopted by
14the Department shall describe the revocation process, shall
15ensure that notice of the revocation is provided, and shall
16provide an opportunity to appeal the revocation. Any county or
17municipality that has a permit, approval, or other
18authorization revoked under this subsection may not reapply
19for such a permit, approval, or other authorization for a
20period of one 1 year after the revocation.
21    (s) If an automated traffic law enforcement system is
22removed or rendered inoperable due to construction, then the
23Department shall authorize the reinstallation or use of the
24automated traffic law enforcement system within 30 days after
25the construction is complete.
26(Source: P.A. 102-905, eff. 1-1-23; 102-982, eff. 7-1-23;

 

 

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1103-154, eff. 6-30-23; 103-364, eff. 7-28-23; revised
21-30-24.)
 
3    (625 ILCS 5/11-305)  (from Ch. 95 1/2, par. 11-305)
4    Sec. 11-305. Obedience to and required traffic-control
5devices.
6    (a) The driver of any vehicle shall obey the instructions
7of any official traffic-control device applicable thereto
8placed or held in accordance with the provisions of this Act,
9unless otherwise directed by a police officer, subject to the
10exceptions granted the driver of an authorized emergency
11vehicle in this Act.
12    (b) It is unlawful for any person to leave the roadway and
13travel across private property to avoid an official
14traffic-control traffic control device.
15    (c) No provision of this Act for which official
16traffic-control devices are required shall be enforced against
17an alleged violator if at the time and place of the alleged
18violation an official device is not in proper position and
19sufficiently legible to be seen by an ordinarily observant
20person. Whenever a particular section does not state that
21official traffic-control devices are required, such section
22shall be effective even though no devices are erected or in
23place.
24    (d) Whenever any official traffic-control device is placed
25or held in position approximately conforming to the

 

 

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1requirements of this Act and purports to conform to the lawful
2requirements pertaining to such device, such device shall be
3presumed to have been so placed or held by the official act or
4direction of lawful authority, and comply with the
5requirements of this Act, unless the contrary shall be
6established by competent evidence.
7    (e) The driver of a vehicle approaching a traffic control
8signal on which no signal light facing such vehicle is
9illuminated shall stop before entering the intersection in
10accordance with rules applicable in making a stop at a stop
11sign. This provision does not apply to the driver of a vehicle
12approaching a pedestrian hybrid beacon.
13    (f) Any violation of subsection (a) that occurs within a
14designated highway construction zone or maintenance zone shall
15result in a fine of no less than $100 and no more than $1,000.
16(Source: P.A. 103-158, eff. 1-1-24; revised 1-2-24.)
 
17    Section 545. The Public-Private Partnerships for
18Transportation Act is amended by changing Section 19 as
19follows:
 
20    (630 ILCS 5/19)
21    Sec. 19. Unsolicited proposals.
22    (a) A responsible public entity may receive unsolicited
23proposals for a project and may thereafter enter into a
24public-private agreement with a private entity, or a

 

 

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1consortium of private entities, for the design, construction,
2upgrading, operating, ownership, or financing of facilities.
3    (b) A responsible public entity may consider, evaluate,
4and accept an unsolicited proposal for a public-private
5partnership project from a private entity if the proposal:
6        (1) is independently developed and drafted by the
7    proposer without responsible public entity supervision;
8        (2) shows that the proposed project could benefit the
9    transportation system;
10        (3) includes a financing plan to allow the project to
11    move forward pursuant to the applicable responsible public
12    entity's budget and finance requirements; and
13        (4) includes sufficient detail and information for the
14    responsible public entity to evaluate the proposal in an
15    objective and timely manner and permit a determination
16    that the project would be worthwhile.
17    (c) The unsolicited proposal shall include the following:
18        (1) an executive summary covering the major elements
19    of the proposal;
20        (2) qualifications concerning the experience,
21    expertise, technical competence, and qualifications of the
22    private entity and of each member of its management team
23    and of other key employees, consultants, and
24    subcontractors, including the name, address, and
25    professional designation;
26        (3) a project description, including, when applicable:

 

 

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1            (A) the limits, scope, and location of the
2        proposed project;
3            (B) right-of-way requirements;
4            (C) connections with other facilities and
5        improvements to those facilities necessary if the
6        project is developed;
7            (D) a conceptual project design; and
8            (E) a statement of the project's relationship to
9        and impact upon relevant existing plans of the
10        responsible public entity;
11        (4) a facilities project schedule, including when
12    applicable, estimates of:
13            (A) dates of contract award;
14            (B) start of construction;
15            (C) completion of construction;
16            (D) start of operations; and
17            (E) major maintenance or reconstruction activities
18        during the life of the proposed project agreement;
19        (5) an operating plan describing the operation of the
20    completed facility if operation of a facility is part of
21    the proposal, describing the management structure and
22    approach, the proposed period of operations, enforcement,
23    emergency response, and other relevant information;
24        (6) a finance plan describing the proposed financing
25    of the project, identifying the source of funds to, where
26    applicable, design, construct, maintain, and manage the

 

 

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1    project during the term of the proposed contract; and
2        (7) the legal basis for the project and licenses and
3    certifications; the private entity must demonstrate that
4    it has all licenses and certificates necessary to complete
5    the project.
6    (d) Within 120 days after receiving an unsolicited
7proposal, the responsible public entity shall complete a
8preliminary evaluation of the unsolicited proposal and shall
9either:
10        (1) if the preliminary evaluation is unfavorable,
11    return the proposal without further action;
12        (2) if the preliminary evaluation is favorable, notify
13    the proposer that the responsible public entity will
14    further evaluate the proposal; or
15        (3) request amendments, clarification, or modification
16    of the unsolicited proposal.
17    (e) The procurement process for unsolicited proposals
18shall be as follows:
19        (1) If the responsible public entity chooses to
20    further evaluate an unsolicited proposal with the intent
21    to enter into a public-private agreement for the proposed
22    project, then the responsible public entity shall publish
23    notice in the Illinois Procurement Bulletin or in a
24    newspaper of general circulation covering the location of
25    the project at least once a week for 2 weeks stating that
26    the responsible public entity has received a proposal and

 

 

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1    will accept other proposals for the same project. The time
2    frame within which the responsible public entity may
3    accept other proposals shall be determined by the
4    responsible public entity on a project-by-project basis
5    based upon the complexity of the transportation project
6    and the public benefit to be gained by allowing a longer or
7    shorter period of time within which other proposals may be
8    received; however, the time frame for allowing other
9    proposals must be at least 21 days, but no more than 120
10    days, after the initial date of publication.
11        (2) A copy of the notice must be mailed to each local
12    government directly affected by the transportation
13    project.
14        (3) The responsible public entity shall provide
15    reasonably sufficient information, including the identity
16    of its contact person, to enable other private entities to
17    make proposals.
18        (4) If, after no less than 120 days, no
19    counterproposal is received, or if the counterproposals
20    are evaluated and found to be equal to or inferior to the
21    original unsolicited proposal, the responsible public
22    entity may proceed to negotiate a contract with the
23    original proposer.
24        (5) If, after no less than 120 days, one or more
25    counterproposals meeting unsolicited proposal standards
26    are received, and if, in the opinion of the responsible

 

 

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1    public entity, the counterproposals are evaluated and
2    found to be superior to the original unsolicited proposal,
3    the responsible public entity shall proceed to determine
4    the successful participant through a final procurement
5    phase known as "Best and Final Offer" (BAFO). The BAFO is a
6    process whereby a responsible public entity shall invite
7    the original private sector party and the proponent
8    submitting the superior counterproposal to engage in a
9    BAFO phase. The invitation to participate in the BAFO
10    phase will provide to each participating proposer:
11            (A) the general concepts that were considered
12        superior to the original proposal, while keeping
13        proprietary information contained in the proposals
14        confidential to the extent possible; and
15            (B) the preestablished evaluation criteria or the
16        "basis of award" to be used to determine the
17        successful proponent.
18        (6) Offers received in response to the BAFO invitation
19    will be reviewed by the responsible public entity and
20    scored in accordance with a preestablished criteria, or
21    alternatively, in accordance with the basis of award
22    provision identified through the BAFO process. The
23    successful proponent will be the proponent offering "best
24    value" to the responsible public entity.
25        (7) In all cases, the basis of award will be the best
26    value to the responsible public entity, as determined by

 

 

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1    the responsible public entity.
2    (f) After a comprehensive evaluation and acceptance of an
3unsolicited proposal and any alternatives, the responsible
4public entity may commence negotiations with a proposer,
5considering:
6        (1) the proposal has received a favorable
7    comprehensive evaluation;
8        (2) the proposal is not duplicative of existing
9    infrastructure project;
10        (3) the alternative proposal does not closely resemble
11    a pending competitive proposal for a public-private
12    private partnership or other procurement;
13        (4) the proposal demonstrates a unique method,
14    approach, or concept;
15        (5) facts and circumstances that preclude or warrant
16    additional competition;
17        (6) the availability of any funds, debts, or assets
18    that the State will contribute to the project;
19        (7) facts and circumstances demonstrating that the
20    project will likely have a significant adverse impact on
21    on State bond ratings; and
22        (8) indemnifications included in the proposal.
23(Source: P.A. 103-570, eff. 1-1-24; revised 1-3-24.)
 
24    Section 550. The Clerks of Courts Act is amended by
25changing Section 27.1b as follows:
 

 

 

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1    (705 ILCS 105/27.1b)
2    Sec. 27.1b. Circuit court clerk fees. Notwithstanding any
3other provision of law, all fees charged by the clerks of the
4circuit court for the services described in this Section shall
5be established, collected, and disbursed in accordance with
6this Section. Except as otherwise specified in this Section,
7all fees under this Section shall be paid in advance and
8disbursed by each clerk on a monthly basis. In a county with a
9population of over 3,000,000, units of local government and
10school districts shall not be required to pay fees under this
11Section in advance and the clerk shall instead send an
12itemized bill to the unit of local government or school
13district, within 30 days of the fee being incurred, and the
14unit of local government or school district shall be allowed
15at least 30 days from the date of the itemized bill to pay;
16these payments shall be disbursed by each clerk on a monthly
17basis. Unless otherwise specified in this Section, the amount
18of a fee shall be determined by ordinance or resolution of the
19county board and remitted to the county treasurer to be used
20for purposes related to the operation of the court system in
21the county. In a county with a population of over 3,000,000,
22any amount retained by the clerk of the circuit court or
23remitted to the county treasurer shall be subject to
24appropriation by the county board.
25    (a) Civil cases. The fee for filing a complaint, petition,

 

 

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1or other pleading initiating a civil action shall be as set
2forth in the applicable schedule under this subsection in
3accordance with case categories established by the Supreme
4Court in schedules.
5        (1) SCHEDULE 1: not to exceed a total of $366 in a
6    county with a population of 3,000,000 or more and not to
7    exceed $316 in any other county, except as applied to
8    units of local government and school districts in counties
9    with more than 3,000,000 inhabitants an amount not to
10    exceed $190 through December 31, 2021 and $184 on and
11    after January 1, 2022. The fees collected under this
12    schedule shall be disbursed as follows:
13            (A) The clerk shall retain a sum, in an amount not
14        to exceed $55 in a county with a population of
15        3,000,000 or more and in an amount not to exceed $45 in
16        any other county determined by the clerk with the
17        approval of the Supreme Court, to be used for court
18        automation, court document storage, and administrative
19        purposes.
20            (B) The clerk shall remit up to $21 to the State
21        Treasurer. The State Treasurer shall deposit the
22        appropriate amounts, in accordance with the clerk's
23        instructions, as follows:
24                (i) up to $10, as specified by the Supreme
25            Court in accordance with Part 10A of Article II of
26            the Code of Civil Procedure, into the Mandatory

 

 

HB4844 Engrossed- 1694 -LRB103 39009 AMC 69146 b

1            Arbitration Fund;
2                (ii) $2 into the Access to Justice Fund; and
3                (iii) $9 into the Supreme Court Special
4            Purposes Fund.
5            (C) The clerk shall remit a sum to the County
6        Treasurer, in an amount not to exceed $290 in a county
7        with a population of 3,000,000 or more and in an amount
8        not to exceed $250 in any other county, as specified by
9        ordinance or resolution passed by the county board,
10        for purposes related to the operation of the court
11        system in the county.
12        (2) SCHEDULE 2: not to exceed a total of $357 in a
13    county with a population of 3,000,000 or more and not to
14    exceed $266 in any other county, except as applied to
15    units of local government and school districts in counties
16    with more than 3,000,000 inhabitants an amount not to
17    exceed $190 through December 31, 2021 and $184 on and
18    after January 1, 2022. The fees collected under this
19    schedule shall be disbursed as follows:
20            (A) The clerk shall retain a sum, in an amount not
21        to exceed $55 in a county with a population of
22        3,000,000 or more and in an amount not to exceed $45 in
23        any other county determined by the clerk with the
24        approval of the Supreme Court, to be used for court
25        automation, court document storage, and administrative
26        purposes.

 

 

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1            (B) The clerk shall remit up to $21 to the State
2        Treasurer. The State Treasurer shall deposit the
3        appropriate amounts, in accordance with the clerk's
4        instructions, as follows:
5                (i) up to $10, as specified by the Supreme
6            Court in accordance with Part 10A of Article II of
7            the Code of Civil Procedure, into the Mandatory
8            Arbitration Fund;
9                (ii) $2 into the Access to Justice Fund: and
10                (iii) $9 into the Supreme Court Special
11            Purposes Fund.
12            (C) The clerk shall remit a sum to the County
13        Treasurer, in an amount not to exceed $281 in a county
14        with a population of 3,000,000 or more and in an amount
15        not to exceed $200 in any other county, as specified by
16        ordinance or resolution passed by the county board,
17        for purposes related to the operation of the court
18        system in the county.
19        (3) SCHEDULE 3: not to exceed a total of $265 in a
20    county with a population of 3,000,000 or more and not to
21    exceed $89 in any other county, except as applied to units
22    of local government and school districts in counties with
23    more than 3,000,000 inhabitants an amount not to exceed
24    $190 through December 31, 2021 and $184 on and after
25    January 1, 2022. The fees collected under this schedule
26    shall be disbursed as follows:

 

 

HB4844 Engrossed- 1696 -LRB103 39009 AMC 69146 b

1            (A) The clerk shall retain a sum, in an amount not
2        to exceed $55 in a county with a population of
3        3,000,000 or more and in an amount not to exceed $22 in
4        any other county determined by the clerk with the
5        approval of the Supreme Court, to be used for court
6        automation, court document storage, and administrative
7        purposes.
8            (B) The clerk shall remit $11 to the State
9        Treasurer. The State Treasurer shall deposit the
10        appropriate amounts in accordance with the clerk's
11        instructions, as follows:
12                (i) $2 into the Access to Justice Fund; and
13                (ii) $9 into the Supreme Court Special
14            Purposes Fund.
15            (C) The clerk shall remit a sum to the County
16        Treasurer, in an amount not to exceed $199 in a county
17        with a population of 3,000,000 or more and in an amount
18        not to exceed $56 in any other county, as specified by
19        ordinance or resolution passed by the county board,
20        for purposes related to the operation of the court
21        system in the county.
22        (4) SCHEDULE 4: $0.
23    (b) Appearance. The fee for filing an appearance in a
24civil action, including a cannabis civil law action under the
25Cannabis Control Act, shall be as set forth in the applicable
26schedule under this subsection in accordance with case

 

 

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1categories established by the Supreme Court in schedules.
2        (1) SCHEDULE 1: not to exceed a total of $230 in a
3    county with a population of 3,000,000 or more and not to
4    exceed $191 in any other county, except as applied to
5    units of local government and school districts in counties
6    with more than 3,000,000 inhabitants an amount not to
7    exceed $75. The fees collected under this schedule shall
8    be disbursed as follows:
9            (A) The clerk shall retain a sum, in an amount not
10        to exceed $50 in a county with a population of
11        3,000,000 or more and in an amount not to exceed $45 in
12        any other county determined by the clerk with the
13        approval of the Supreme Court, to be used for court
14        automation, court document storage, and administrative
15        purposes.
16            (B) The clerk shall remit up to $21 to the State
17        Treasurer. The State Treasurer shall deposit the
18        appropriate amounts, in accordance with the clerk's
19        instructions, as follows:
20                (i) up to $10, as specified by the Supreme
21            Court in accordance with Part 10A of Article II of
22            the Code of Civil Procedure, into the Mandatory
23            Arbitration Fund;
24                (ii) $2 into the Access to Justice Fund; and
25                (iii) $9 into the Supreme Court Special
26            Purposes Fund.

 

 

HB4844 Engrossed- 1698 -LRB103 39009 AMC 69146 b

1            (C) The clerk shall remit a sum to the County
2        Treasurer, in an amount not to exceed $159 in a county
3        with a population of 3,000,000 or more and in an amount
4        not to exceed $125 in any other county, as specified by
5        ordinance or resolution passed by the county board,
6        for purposes related to the operation of the court
7        system in the county.
8        (2) SCHEDULE 2: not to exceed a total of $130 in a
9    county with a population of 3,000,000 or more and not to
10    exceed $109 in any other county, except as applied to
11    units of local government and school districts in counties
12    with more than 3,000,000 inhabitants an amount not to
13    exceed $75. The fees collected under this schedule shall
14    be disbursed as follows:
15            (A) The clerk shall retain a sum, in an amount not
16        to exceed $50 in a county with a population of
17        3,000,000 or more and in an amount not to exceed $10 in
18        any other county determined by the clerk with the
19        approval of the Supreme Court, to be used for court
20        automation, court document storage, and administrative
21        purposes.
22            (B) The clerk shall remit $9 to the State
23        Treasurer, which the State Treasurer shall deposit
24        into the Supreme Court Special Purposes Fund.
25            (C) The clerk shall remit a sum to the County
26        Treasurer, in an amount not to exceed $71 in a county

 

 

HB4844 Engrossed- 1699 -LRB103 39009 AMC 69146 b

1        with a population of 3,000,000 or more and in an amount
2        not to exceed $90 in any other county, as specified by
3        ordinance or resolution passed by the county board,
4        for purposes related to the operation of the court
5        system in the county.
6        (3) SCHEDULE 3: $0.
7    (b-5) Kane County and Will County. In Kane County and Will
8County civil cases, there is an additional fee of up to $30 as
9set by the county board under Section 5-1101.3 of the Counties
10Code to be paid by each party at the time of filing the first
11pleading, paper, or other appearance; provided that no
12additional fee shall be required if more than one party is
13represented in a single pleading, paper, or other appearance.
14Distribution of fees collected under this subsection (b-5)
15shall be as provided in Section 5-1101.3 of the Counties Code.
16    (c) Counterclaim or third party complaint. When any
17defendant files a counterclaim or third party complaint, as
18part of the defendant's answer or otherwise, the defendant
19shall pay a filing fee for each counterclaim or third party
20complaint in an amount equal to the filing fee the defendant
21would have had to pay had the defendant brought a separate
22action for the relief sought in the counterclaim or third
23party complaint, less the amount of the appearance fee, if
24any, that the defendant has already paid in the action in which
25the counterclaim or third party complaint is filed.
26    (d) Alias summons. The clerk shall collect a fee not to

 

 

HB4844 Engrossed- 1700 -LRB103 39009 AMC 69146 b

1exceed $6 in a county with a population of 3,000,000 or more
2and not to exceed $5 in any other county for each alias summons
3or citation issued by the clerk, except as applied to units of
4local government and school districts in counties with more
5than 3,000,000 inhabitants an amount not to exceed $5 for each
6alias summons or citation issued by the clerk.
7    (e) Jury services. The clerk shall collect, in addition to
8other fees allowed by law, a sum not to exceed $212.50, as a
9fee for the services of a jury in every civil action not
10quasi-criminal in its nature and not a proceeding for the
11exercise of the right of eminent domain and in every other
12action wherein the right of trial by jury is or may be given by
13law. The jury fee shall be paid by the party demanding a jury
14at the time of filing the jury demand. If the fee is not paid
15by either party, no jury shall be called in the action or
16proceeding, and the action or proceeding shall be tried by the
17court without a jury.
18    (f) Change of venue. In connection with a change of venue:
19        (1) The clerk of the jurisdiction from which the case
20    is transferred may charge a fee, not to exceed $40, for the
21    preparation and certification of the record; and
22        (2) The clerk of the jurisdiction to which the case is
23    transferred may charge the same filing fee as if it were
24    the commencement of a new suit.
25    (g) Petition to vacate or modify.
26        (1) In a proceeding involving a petition to vacate or

 

 

HB4844 Engrossed- 1701 -LRB103 39009 AMC 69146 b

1    modify any final judgment or order filed within 30 days
2    after the judgment or order was entered, except for an
3    eviction case, small claims case, petition to reopen an
4    estate, petition to modify, terminate, or enforce a
5    judgment or order for child or spousal support, or
6    petition to modify, suspend, or terminate an order for
7    withholding, the fee shall not exceed $60 in a county with
8    a population of 3,000,000 or more and shall not exceed $50
9    in any other county, except as applied to units of local
10    government and school districts in counties with more than
11    3,000,000 inhabitants an amount not to exceed $50.
12        (2) In a proceeding involving a petition to vacate or
13    modify any final judgment or order filed more than 30 days
14    after the judgment or order was entered, except for a
15    petition to modify, terminate, or enforce a judgment or
16    order for child or spousal support, or petition to modify,
17    suspend, or terminate an order for withholding, the fee
18    shall not exceed $75.
19        (3) In a proceeding involving a motion to vacate or
20    amend a final order, motion to vacate an ex parte
21    judgment, judgment of forfeiture, or "failure to appear"
22    or "failure to comply" notices sent to the Secretary of
23    State, the fee shall equal $40.
24    (h) Appeals preparation. The fee for preparation of a
25record on appeal shall be based on the number of pages, as
26follows:

 

 

HB4844 Engrossed- 1702 -LRB103 39009 AMC 69146 b

1        (1) if the record contains no more than 100 pages, the
2    fee shall not exceed $70 in a county with a population of
3    3,000,000 or more and shall not exceed $50 in any other
4    county;
5        (2) if the record contains between 100 and 200 pages,
6    the fee shall not exceed $100; and
7        (3) if the record contains 200 or more pages, the
8    clerk may collect an additional fee not to exceed 25 cents
9    per page.
10    (i) Remands. In any cases remanded to the circuit court
11from the Supreme Court or the appellate court for a new trial,
12the clerk shall reinstate the case with either its original
13number or a new number. The clerk shall not charge any new or
14additional fee for the reinstatement. Upon reinstatement, the
15clerk shall advise the parties of the reinstatement. Parties
16shall have the same right to a jury trial on remand and
17reinstatement that they had before the appeal, and no
18additional or new fee or charge shall be made for a jury trial
19after remand.
20    (j) Garnishment, wage deduction, and citation. In
21garnishment affidavit, wage deduction affidavit, and citation
22petition proceedings:
23        (1) if the amount in controversy in the proceeding is
24    not more than $1,000, the fee may not exceed $35 in a
25    county with a population of 3,000,000 or more and may not
26    exceed $15 in any other county, except as applied to units

 

 

HB4844 Engrossed- 1703 -LRB103 39009 AMC 69146 b

1    of local government and school districts in counties with
2    more than 3,000,000 inhabitants an amount not to exceed
3    $15;
4        (2) if the amount in controversy in the proceeding is
5    greater than $1,000 and not more than $5,000, the fee may
6    not exceed $45 in a county with a population of 3,000,000
7    or more and may not exceed $30 in any other county, except
8    as applied to units of local government and school
9    districts in counties with more than 3,000,000 inhabitants
10    an amount not to exceed $30; and
11        (3) if the amount in controversy in the proceeding is
12    greater than $5,000, the fee may not exceed $65 in a county
13    with a population of 3,000,000 or more and may not exceed
14    $50 in any other county, except as applied to units of
15    local government and school districts in counties with
16    more than 3,000,000 inhabitants an amount not to exceed
17    $50.
18    (j-5) Debt collection. In any proceeding to collect a debt
19subject to the exception in item (ii) of subparagraph (A-5) of
20paragraph (1) of subsection (z) of this Section, the circuit
21court shall order and the clerk shall collect from each
22judgment debtor a fee of:
23        (1) $35 if the amount in controversy in the proceeding
24    is not more than $1,000;
25        (2) $45 if the amount in controversy in the proceeding
26    is greater than $1,000 and not more than $5,000; and

 

 

HB4844 Engrossed- 1704 -LRB103 39009 AMC 69146 b

1        (3) $65 if the amount in controversy in the proceeding
2    is greater than $5,000.
3    (k) Collections.
4        (1) For all collections made of others, except the
5    State and county and except in maintenance or child
6    support cases, the clerk may collect a fee of up to 2.5% of
7    the amount collected and turned over.
8        (2) In child support and maintenance cases, the clerk
9    may collect an annual fee of up to $36 from the person
10    making payment for maintaining child support records and
11    the processing of support orders to the State of Illinois
12    KIDS system and the recording of payments issued by the
13    State Disbursement Unit for the official record of the
14    Court. This fee is in addition to and separate from
15    amounts ordered to be paid as maintenance or child support
16    and shall be deposited into a Separate Maintenance and
17    Child Support Collection Fund, of which the clerk shall be
18    the custodian, ex officio, to be used by the clerk to
19    maintain child support orders and record all payments
20    issued by the State Disbursement Unit for the official
21    record of the Court. The clerk may recover from the person
22    making the maintenance or child support payment any
23    additional cost incurred in the collection of this annual
24    fee.
25        (3) The clerk may collect a fee of $5 for
26    certifications made to the Secretary of State as provided

 

 

HB4844 Engrossed- 1705 -LRB103 39009 AMC 69146 b

1    in Section 7-703 of the Illinois Vehicle Code, and this
2    fee shall be deposited into the Separate Maintenance and
3    Child Support Collection Fund.
4        (4) In proceedings to foreclose the lien of delinquent
5    real estate taxes, State's Attorneys shall receive a fee
6    of 10% of the total amount realized from the sale of real
7    estate sold in the proceedings. The clerk shall collect
8    the fee from the total amount realized from the sale of the
9    real estate sold in the proceedings and remit to the
10    County Treasurer to be credited to the earnings of the
11    Office of the State's Attorney.
12    (l) Mailing. The fee for the clerk mailing documents shall
13not exceed $10 plus the cost of postage.
14    (m) Certified copies. The fee for each certified copy of a
15judgment, after the first copy, shall not exceed $10.
16    (n) Certification, authentication, and reproduction.
17        (1) The fee for each certification or authentication
18    for taking the acknowledgment of a deed or other
19    instrument in writing with the seal of office shall not
20    exceed $6.
21        (2) The fee for reproduction of any document contained
22    in the clerk's files shall not exceed:
23            (A) $2 for the first page;
24            (B) 50 cents per page for the next 19 pages; and
25            (C) 25 cents per page for all additional pages.
26    (o) Record search. For each record search, within a

 

 

HB4844 Engrossed- 1706 -LRB103 39009 AMC 69146 b

1division or municipal district, the clerk may collect a search
2fee not to exceed $6 for each year searched.
3    (p) Hard copy. For each page of hard copy print output,
4when case records are maintained on an automated medium, the
5clerk may collect a fee not to exceed $10 in a county with a
6population of 3,000,000 or more and not to exceed $6 in any
7other county, except as applied to units of local government
8and school districts in counties with more than 3,000,000
9inhabitants an amount not to exceed $6.
10    (q) Index inquiry and other records. No fee shall be
11charged for a single plaintiff and defendant index inquiry or
12single case record inquiry when this request is made in person
13and the records are maintained in a current automated medium,
14and when no hard copy print output is requested. The fees to be
15charged for management records, multiple case records, and
16multiple journal records may be specified by the Chief Judge
17pursuant to the guidelines for access and dissemination of
18information approved by the Supreme Court.
19    (r) Performing a marriage. There shall be a $10 fee for
20performing a marriage in court.
21    (s) Voluntary assignment. For filing each deed of
22voluntary assignment, the clerk shall collect a fee not to
23exceed $20. For recording a deed of voluntary assignment, the
24clerk shall collect a fee not to exceed 50 cents for each 100
25words. Exceptions filed to claims presented to an assignee of
26a debtor who has made a voluntary assignment for the benefit of

 

 

HB4844 Engrossed- 1707 -LRB103 39009 AMC 69146 b

1creditors shall be considered and treated, for the purpose of
2taxing costs therein, as actions in which the party or parties
3filing the exceptions shall be considered as party or parties
4plaintiff, and the claimant or claimants as party or parties
5defendant, and those parties respectively shall pay to the
6clerk the same fees as provided by this Section to be paid in
7other actions.
8    (t) Expungement petition. Except as provided in Sections
91-19 and 5-915 of the Juvenile Court Act of 1987, the clerk may
10collect a fee not to exceed $60 for each expungement petition
11filed and an additional fee not to exceed $4 for each certified
12copy of an order to expunge arrest records.
13    (u) Transcripts of judgment. For the filing of a
14transcript of judgment, the clerk may collect the same fee as
15if it were the commencement of a new suit.
16    (v) Probate filings.
17        (1) For each account (other than one final account)
18    filed in the estate of a decedent, or ward, the fee shall
19    not exceed $25.
20        (2) For filing a claim in an estate when the amount
21    claimed is greater than $150 and not more than $500, the
22    fee shall not exceed $40 in a county with a population of
23    3,000,000 or more and shall not exceed $25 in any other
24    county; when the amount claimed is greater than $500 and
25    not more than $10,000, the fee shall not exceed $55 in a
26    county with a population of 3,000,000 or more and shall

 

 

HB4844 Engrossed- 1708 -LRB103 39009 AMC 69146 b

1    not exceed $40 in any other county; and when the amount
2    claimed is more than $10,000, the fee shall not exceed $75
3    in a county with a population of 3,000,000 or more and
4    shall not exceed $60 in any other county; except the court
5    in allowing a claim may add to the amount allowed the
6    filing fee paid by the claimant.
7        (3) For filing in an estate a claim, petition, or
8    supplemental proceeding based upon an action seeking
9    equitable relief including the construction or contest of
10    a will, enforcement of a contract to make a will, and
11    proceedings involving testamentary trusts or the
12    appointment of testamentary trustees, the fee shall not
13    exceed $60.
14        (4) There shall be no fee for filing in an estate: (i)
15    the appearance of any person for the purpose of consent;
16    or (ii) the appearance of an executor, administrator,
17    administrator to collect, guardian, guardian ad litem, or
18    special administrator.
19        (5) For each jury demand, the fee shall not exceed
20    $137.50.
21        (6) For each certified copy of letters of office, of
22    court order, or other certification, the fee shall not
23    exceed $2 per page.
24        (7) For each exemplification, the fee shall not exceed
25    $2, plus the fee for certification.
26        (8) The executor, administrator, guardian, petitioner,

 

 

HB4844 Engrossed- 1709 -LRB103 39009 AMC 69146 b

1    or other interested person or his or her attorney shall
2    pay the cost of publication by the clerk directly to the
3    newspaper.
4        (9) The person on whose behalf a charge is incurred
5    for witness, court reporter, appraiser, or other
6    miscellaneous fees shall pay the same directly to the
7    person entitled thereto.
8        (10) The executor, administrator, guardian,
9    petitioner, or other interested person or his or her
10    attorney shall pay to the clerk all postage charges
11    incurred by the clerk in mailing petitions, orders,
12    notices, or other documents pursuant to the provisions of
13    the Probate Act of 1975.
14    (w) Corrections of numbers. For correction of the case
15number, case title, or attorney computer identification
16number, if required by rule of court, on any document filed in
17the clerk's office, to be charged against the party that filed
18the document, the fee shall not exceed $25.
19    (x) Miscellaneous.
20        (1) Interest earned on any fees collected by the clerk
21    shall be turned over to the county general fund as an
22    earning of the office.
23        (2) For any check, draft, or other bank instrument
24    returned to the clerk for non-sufficient funds, account
25    closed, or payment stopped, the clerk shall collect a fee
26    of $25.

 

 

HB4844 Engrossed- 1710 -LRB103 39009 AMC 69146 b

1    (y) Other fees. Any fees not covered in this Section shall
2be set by rule or administrative order of the circuit court
3with the approval of the Administrative Office of the Illinois
4Courts. The clerk of the circuit court may provide services in
5connection with the operation of the clerk's office, other
6than those services mentioned in this Section, as may be
7requested by the public and agreed to by the clerk and approved
8by the Chief Judge. Any charges for additional services shall
9be as agreed to between the clerk and the party making the
10request and approved by the Chief Judge. Nothing in this
11subsection shall be construed to require any clerk to provide
12any service not otherwise required by law.
13    (y-5) Unpaid fees. Unless a court ordered payment schedule
14is implemented or the fee requirements of this Section are
15waived under a court order, the clerk of the circuit court may
16add to any unpaid fees and costs under this Section a
17delinquency amount equal to 5% of the unpaid fees that remain
18unpaid after 30 days, 10% of the unpaid fees that remain unpaid
19after 60 days, and 15% of the unpaid fees that remain unpaid
20after 90 days. Notice to those parties may be made by signage
21posting or publication. The additional delinquency amounts
22collected under this Section shall be deposited into the
23Circuit Court Clerk Operations and Administration Fund and
24used to defray additional administrative costs incurred by the
25clerk of the circuit court in collecting unpaid fees and
26costs.

 

 

HB4844 Engrossed- 1711 -LRB103 39009 AMC 69146 b

1    (z) Exceptions.
2        (1) No fee authorized by this Section shall apply to:
3            (A) police departments or other law enforcement
4        agencies. In this Section, "law enforcement agency"
5        means: an agency of the State or agency of a unit of
6        local government which is vested by law or ordinance
7        with the duty to maintain public order and to enforce
8        criminal laws or ordinances; the Attorney General; or
9        any State's Attorney;
10            (A-5) any unit of local government or school
11        district, except in counties having a population of
12        500,000 or more the county board may by resolution set
13        fees for units of local government or school districts
14        no greater than the minimum fees applicable in
15        counties with a population less than 3,000,000;
16        provided however, no fee may be charged to any unit of
17        local government or school district in connection with
18        any action which, in whole or in part, is: (i) to
19        enforce an ordinance; (ii) to collect a debt; or (iii)
20        under the Administrative Review Law;
21            (B) any action instituted by the corporate
22        authority of a municipality with more than 1,000,000
23        inhabitants under Section 11-31-1 of the Illinois
24        Municipal Code and any action instituted under
25        subsection (b) of Section 11-31-1 of the Illinois
26        Municipal Code by a private owner or tenant of real

 

 

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1        property within 1,200 feet of a dangerous or unsafe
2        building seeking an order compelling the owner or
3        owners of the building to take any of the actions
4        authorized under that subsection;
5            (C) any commitment petition or petition for an
6        order authorizing the administration of psychotropic
7        medication or electroconvulsive therapy under the
8        Mental Health and Developmental Disabilities Code;
9            (D) a petitioner in any order of protection
10        proceeding, including, but not limited to, fees for
11        filing, modifying, withdrawing, certifying, or
12        photocopying petitions for orders of protection,
13        issuing alias summons, any related filing service, or
14        certifying, modifying, vacating, or photocopying any
15        orders of protection;
16            (E) proceedings for the appointment of a
17        confidential intermediary under the Adoption Act;
18            (F) a minor subject to Article III, IV, or V of the
19        Juvenile Court Act of 1987, or the minor's parent,
20        guardian, or legal custodian; or
21            (G) a minor under the age of 18 transferred to
22        adult court or excluded from juvenile court
23        jurisdiction under Article V of the Juvenile Court Act
24        of 1987, or the minor's parent, guardian, or legal
25        custodian.
26        (2) No fee other than the filing fee contained in the

 

 

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1    applicable schedule in subsection (a) shall be charged to
2    any person in connection with an adoption proceeding.
3        (3) Upon good cause shown, the court may waive any
4    fees associated with a special needs adoption. The term
5    "special needs adoption" has the meaning provided by the
6    Illinois Department of Children and Family Services.
7(Source: P.A. 102-145, eff. 7-23-21; 102-278, eff. 8-6-21;
8102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-4, eff.
95-31-23; 103-379, eff. 7-28-23; revised 8-30-23.)
 
10    Section 555. The Juvenile Court Act of 1987 is amended by
11changing Sections 1-8, 2-3, 2-6, 2-9, 2-10, 2-20, 2-28, 3-5,
123-6, 3-16, 3-17, 3-19, 3-21, 3-24, 3-33.5, 4-8, 4-9, 4-14,
134-16, 4-18, 4-21, 5-105, 5-120, 5-401.6, 5-410, 5-525, 5-601,
145-610, 5-615, 5-625, 5-705, 5-710, 5-715, 5-810, 5-915, 6-7,
156-9, and 6-10 as follows:
 
16    (705 ILCS 405/1-8)
17    Sec. 1-8. Confidentiality and accessibility of juvenile
18court records.
19    (A) A juvenile adjudication shall never be considered a
20conviction nor shall an adjudicated individual be considered a
21criminal. Unless expressly allowed by law, a juvenile
22adjudication shall not operate to impose upon the individual
23any of the civil disabilities ordinarily imposed by or
24resulting from conviction. Unless expressly allowed by law,

 

 

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1adjudications shall not prejudice or disqualify the individual
2in any civil service application or appointment, from holding
3public office, or from receiving any license granted by public
4authority. All juvenile court records which have not been
5expunged are sealed and may never be disclosed to the general
6public or otherwise made widely available. Sealed juvenile
7court records may be obtained only under this Section and
8Section 1-7 and Part 9 of Article V of this Act, when their use
9is needed for good cause and with an order from the juvenile
10court. Inspection and copying of juvenile court records
11relating to a minor who is the subject of a proceeding under
12this Act shall be restricted to the following:
13        (1) The minor who is the subject of record, the
14    minor's parents, guardian, and counsel.
15        (2) Law enforcement officers and law enforcement
16    agencies when such information is essential to executing
17    an arrest or search warrant or other compulsory process,
18    or to conducting an ongoing investigation or relating to a
19    minor who has been adjudicated delinquent and there has
20    been a previous finding that the act which constitutes the
21    previous offense was committed in furtherance of criminal
22    activities by a criminal street gang.
23        Before July 1, 1994, for the purposes of this Section,
24    "criminal street gang" means any ongoing organization,
25    association, or group of 3 or more persons, whether formal
26    or informal, having as one of its primary activities the

 

 

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1    commission of one or more criminal acts and that has a
2    common name or common identifying sign, symbol, or
3    specific color apparel displayed, and whose members
4    individually or collectively engage in or have engaged in
5    a pattern of criminal activity.
6        Beginning July 1, 1994, for purposes of this Section,
7    "criminal street gang" has the meaning ascribed to it in
8    Section 10 of the Illinois Streetgang Terrorism Omnibus
9    Prevention Act.
10        (3) Judges, hearing officers, prosecutors, public
11    defenders, probation officers, social workers, or other
12    individuals assigned by the court to conduct a
13    pre-adjudication or pre-disposition investigation, and
14    individuals responsible for supervising or providing
15    temporary or permanent care and custody for minors under
16    the order of the juvenile court when essential to
17    performing their responsibilities.
18        (4) Judges, federal, State, and local prosecutors,
19    public defenders, probation officers, and designated
20    staff:
21            (a) in the course of a trial when institution of
22        criminal proceedings has been permitted or required
23        under Section 5-805;
24            (b) when criminal proceedings have been permitted
25        or required under Section 5-805 and a minor is the
26        subject of a proceeding to determine the conditions of

 

 

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1        pretrial release;
2            (c) when criminal proceedings have been permitted
3        or required under Section 5-805 and a minor is the
4        subject of a pre-trial investigation, pre-sentence
5        investigation or fitness hearing, or proceedings on an
6        application for probation; or
7            (d) when a minor becomes 18 years of age or older,
8        and is the subject of criminal proceedings, including
9        a hearing to determine the conditions of pretrial
10        release, a pre-trial investigation, a pre-sentence
11        investigation, a fitness hearing, or proceedings on an
12        application for probation.
13        (5) Adult and Juvenile Prisoner Review Boards.
14        (6) Authorized military personnel.
15        (6.5) Employees of the federal government authorized
16    by law.
17        (7) Victims, their subrogees and legal
18    representatives; however, such persons shall have access
19    only to the name and address of the minor and information
20    pertaining to the disposition or alternative adjustment
21    plan of the juvenile court.
22        (8) Persons engaged in bona fide research, with the
23    permission of the presiding judge of the juvenile court
24    and the chief executive of the agency that prepared the
25    particular records; provided that publication of such
26    research results in no disclosure of a minor's identity

 

 

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1    and protects the confidentiality of the record.
2        (9) The Secretary of State to whom the Clerk of the
3    Court shall report the disposition of all cases, as
4    required in Section 6-204 of the Illinois Vehicle Code.
5    However, information reported relative to these offenses
6    shall be privileged and available only to the Secretary of
7    State, courts, and police officers.
8        (10) The administrator of a bonafide substance abuse
9    student assistance program with the permission of the
10    presiding judge of the juvenile court.
11        (11) Mental health professionals on behalf of the
12    Department of Corrections or the Department of Human
13    Services or prosecutors who are evaluating, prosecuting,
14    or investigating a potential or actual petition brought
15    under the Sexually Violent Persons Commitment Act relating
16    to a person who is the subject of juvenile court records or
17    the respondent to a petition brought under the Sexually
18    Violent Persons Commitment Act, who is the subject of
19    juvenile court records sought. Any records and any
20    information obtained from those records under this
21    paragraph (11) may be used only in sexually violent
22    persons commitment proceedings.
23        (12) (Blank).
24    (A-1) Findings and exclusions of paternity entered in
25proceedings occurring under Article II of this Act shall be
26disclosed, in a manner and form approved by the Presiding

 

 

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1Judge of the Juvenile Court, to the Department of Healthcare
2and Family Services when necessary to discharge the duties of
3the Department of Healthcare and Family Services under Article
4X of the Illinois Public Aid Code.
5    (B) A minor who is the victim in a juvenile proceeding
6shall be provided the same confidentiality regarding
7disclosure of identity as the minor who is the subject of
8record.
9    (C)(0.1) In cases where the records concern a pending
10juvenile court case, the requesting party seeking to inspect
11the juvenile court records shall provide actual notice to the
12attorney or guardian ad litem of the minor whose records are
13sought.
14    (0.2) In cases where the juvenile court records concern a
15juvenile court case that is no longer pending, the requesting
16party seeking to inspect the juvenile court records shall
17provide actual notice to the minor or the minor's parent or
18legal guardian, and the matter shall be referred to the chief
19judge presiding over matters pursuant to this Act.
20    (0.3) In determining whether juvenile court records should
21be made available for inspection and whether inspection should
22be limited to certain parts of the file, the court shall
23consider the minor's interest in confidentiality and
24rehabilitation over the requesting party's interest in
25obtaining the information. The State's Attorney, the minor,
26and the minor's parents, guardian, and counsel shall at all

 

 

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1times have the right to examine court files and records.
2    (0.4) Any records obtained in violation of this Section
3shall not be admissible in any criminal or civil proceeding,
4or operate to disqualify a minor from subsequently holding
5public office, or operate as a forfeiture of any public
6benefit, right, privilege, or right to receive any license
7granted by public authority.
8    (D) Pending or following any adjudication of delinquency
9for any offense defined in Sections 11-1.20 through 11-1.60 or
1012-13 through 12-16 of the Criminal Code of 1961 or the
11Criminal Code of 2012, the victim of any such offense shall
12receive the rights set out in Sections 4 and 6 of the Bill of
13Rights of Crime for Victims and Witnesses of Violent Crime
14Act; and the juvenile who is the subject of the adjudication,
15notwithstanding any other provision of this Act, shall be
16treated as an adult for the purpose of affording such rights to
17the victim.
18    (E) Nothing in this Section shall affect the right of a
19Civil Service Commission or appointing authority of the
20federal government, or any state, county, or municipality
21examining the character and fitness of an applicant for
22employment with a law enforcement agency, correctional
23institution, or fire department to ascertain whether that
24applicant was ever adjudicated to be a delinquent minor and,
25if so, to examine the records of disposition or evidence which
26were made in proceedings under this Act.

 

 

HB4844 Engrossed- 1720 -LRB103 39009 AMC 69146 b

1    (F) Following any adjudication of delinquency for a crime
2which would be a felony if committed by an adult, or following
3any adjudication of delinquency for a violation of Section
424-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
5Criminal Code of 2012, the State's Attorney shall ascertain
6whether the minor respondent is enrolled in school and, if so,
7shall provide a copy of the dispositional order to the
8principal or chief administrative officer of the school.
9Access to the dispositional order shall be limited to the
10principal or chief administrative officer of the school and
11any school counselor designated by the principal or chief
12administrative officer.
13    (G) Nothing contained in this Act prevents the sharing or
14disclosure of information or records relating or pertaining to
15juveniles subject to the provisions of the Serious Habitual
16Offender Comprehensive Action Program when that information is
17used to assist in the early identification and treatment of
18habitual juvenile offenders.
19    (H) When a court hearing a proceeding under Article II of
20this Act becomes aware that an earlier proceeding under
21Article II had been heard in a different county, that court
22shall request, and the court in which the earlier proceedings
23were initiated shall transmit, an authenticated copy of the
24juvenile court record, including all documents, petitions, and
25orders filed and the minute orders, transcript of proceedings,
26and docket entries of the court.

 

 

HB4844 Engrossed- 1721 -LRB103 39009 AMC 69146 b

1    (I) The Clerk of the Circuit Court shall report to the
2Illinois State Police, in the form and manner required by the
3Illinois State Police, the final disposition of each minor who
4has been arrested or taken into custody before the minor's
518th birthday for those offenses required to be reported under
6Section 5 of the Criminal Identification Act. Information
7reported to the Illinois State Police Department under this
8Section may be maintained with records that the Illinois State
9Police Department files under Section 2.1 of the Criminal
10Identification Act.
11    (J) The changes made to this Section by Public Act 98-61
12apply to juvenile law enforcement records of a minor who has
13been arrested or taken into custody on or after January 1, 2014
14(the effective date of Public Act 98-61).
15    (K) Willful violation of this Section is a Class C
16misdemeanor and each violation is subject to a fine of $1,000.
17This subsection (K) shall not apply to the person who is the
18subject of the record.
19    (L) A person convicted of violating this Section is liable
20for damages in the amount of $1,000 or actual damages,
21whichever is greater.
22(Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21;
23102-813, eff. 5-13-22; 103-22, eff. 8-8-23; 103-379, eff.
247-28-23; revised 8-30-23.)
 
25    (705 ILCS 405/2-3)  (from Ch. 37, par. 802-3)

 

 

HB4844 Engrossed- 1722 -LRB103 39009 AMC 69146 b

1    Sec. 2-3. Neglected or abused minor.
2    (1) Those who are neglected include any minor under 18
3years of age or a minor 18 years of age or older for whom the
4court has made a finding of probable cause to believe that the
5minor is abused, neglected, or dependent under subsection (1)
6of Section 2-10 prior to the minor's 18th birthday:
7        (a) who is not receiving the proper or necessary
8    support, education as required by law, or medical or other
9    remedial care recognized under State law as necessary for
10    a minor's well-being, or other care necessary for the
11    minor's well-being, including adequate food, clothing, and
12    shelter, or who is abandoned by the minor's parent or
13    parents or other person or persons responsible for the
14    minor's welfare, except that a minor shall not be
15    considered neglected for the sole reason that the minor's
16    parent or parents or other person or persons responsible
17    for the minor's welfare have left the minor in the care of
18    an adult relative for any period of time, who the parent or
19    parents or other person responsible for the minor's
20    welfare know is both a mentally capable adult relative and
21    physically capable adult relative, as defined by this Act;
22    or
23        (b) whose environment is injurious to the minor's
24    welfare; or
25        (c) who is a any newborn infant whose blood, urine, or
26    meconium contains any amount of a controlled substance as

 

 

HB4844 Engrossed- 1723 -LRB103 39009 AMC 69146 b

1    defined in subsection (f) of Section 102 of the Illinois
2    Controlled Substances Act, as now or hereafter amended, or
3    a metabolite of a controlled substance, with the exception
4    of controlled substances or metabolites of such
5    substances, the presence of which in the newborn infant is
6    the result of medical treatment administered to the person
7    who gave birth or the newborn infant; or
8        (d) any minor whose parent or other person responsible
9    for the minor's welfare leaves the minor without
10    supervision for an unreasonable period of time without
11    regard for the mental or physical health, safety, or
12    welfare of that minor. Whether the minor was left without
13    regard for the mental or physical health, safety, or
14    welfare of that minor or the period of time was
15    unreasonable shall be determined by considering the
16    following factors, including, but not limited to, the
17    following:
18            (1) the age of the minor;
19            (2) the number of minors left at the location;
20            (3) the special needs of the minor, including
21        whether the minor is a person with a physical or mental
22        disability, or is otherwise in need of ongoing
23        prescribed medical treatment, such as periodic doses
24        of insulin or other medications;
25            (4) the duration of time in which the minor was
26        left without supervision;

 

 

HB4844 Engrossed- 1724 -LRB103 39009 AMC 69146 b

1            (5) the condition and location of the place where
2        the minor was left without supervision;
3            (6) the time of day or night when the minor was
4        left without supervision;
5            (7) the weather conditions, including whether the
6        minor was left in a location with adequate protection
7        from the natural elements, such as adequate heat or
8        light;
9            (8) the location of the parent or guardian at the
10        time the minor was left without supervision and , the
11        physical distance the minor was from the parent or
12        guardian at the time the minor was without
13        supervision;
14            (9) whether the minor's movement was restricted,
15        or the minor was otherwise locked within a room or
16        other structure;
17            (10) whether the minor was given a phone number of
18        a person or location to call in the event of an
19        emergency and whether the minor was capable of making
20        an emergency call;
21            (11) whether there was food and other provision
22        left for the minor;
23            (12) whether any of the conduct is attributable to
24        economic hardship or illness and the parent, guardian,
25        or other person having physical custody or control of
26        the child made a good faith effort to provide for the

 

 

HB4844 Engrossed- 1725 -LRB103 39009 AMC 69146 b

1        health and safety of the minor;
2            (13) the age and physical and mental capabilities
3        of the person or persons who provided supervision for
4        the minor;
5            (14) whether the minor was left under the
6        supervision of another person;
7            (15) any other factor that would endanger the
8        health and safety of that particular minor; or
9        (e) any minor who has been provided with interim
10    crisis intervention services under Section 3-5 of this Act
11    and whose parent, guardian, or custodian refuses to permit
12    the minor to return home unless the minor is an immediate
13    physical danger to the minor or others living in the home.
14    A minor shall not be considered neglected for the sole
15reason that the minor has been relinquished in accordance with
16the Abandoned Newborn Infant Protection Act.
17    (1.5) A minor shall not be considered neglected for the
18sole reason that the minor's parent or other person
19responsible for the minor's welfare permits the minor to
20engage in independent activities unless the minor was
21permitted to engage in independent activities under
22circumstances presenting unreasonable risk of harm to the
23minor's mental or physical health, safety, or well-being.
24"Independent activities" includes, but is not limited to:
25        (a) traveling to and from school, including by
26    walking, running, or bicycling;

 

 

HB4844 Engrossed- 1726 -LRB103 39009 AMC 69146 b

1        (b) traveling to and from nearby commercial or
2    recreational facilities;
3        (c) engaging in outdoor play;
4        (d) remaining in a vehicle unattended, except as
5    otherwise provided by law;
6        (e) remaining at home or at a similarly appropriate
7    location unattended; or
8        (f) engaging in a similar independent activity alone
9    or with other children.
10    In determining whether an independent activity presented
11unreasonable risk of harm, the court shall consider:
12        (1) whether the activity is accepted as suitable for
13    minors of the same age, maturity level, and developmental
14    capacity as the involved minor;
15        (2) the factors listed in items (1) through (15) of
16    paragraph (d) of subsection (1); and
17        (3) any other factor the court deems relevant.
18    (2) Those who are abused include any minor under 18 years
19of age or a minor 18 years of age or older for whom the court
20has made a finding of probable cause to believe that the minor
21is abused, neglected, or dependent under subsection (1) of
22Section 2-10 prior to the minor's 18th birthday whose parent
23or immediate family member, or any person responsible for the
24minor's welfare, or any person who is in the same family or
25household as the minor, or any individual residing in the same
26home as the minor, or a paramour of the minor's parent:

 

 

HB4844 Engrossed- 1727 -LRB103 39009 AMC 69146 b

1        (i) inflicts, causes to be inflicted, or allows to be
2    inflicted upon such minor physical injury, by other than
3    accidental means, which causes death, disfigurement,
4    impairment of physical or emotional health, or loss or
5    impairment of any bodily function;
6        (ii) creates a substantial risk of physical injury to
7    such minor by other than accidental means which would be
8    likely to cause death, disfigurement, impairment of
9    emotional health, or loss or impairment of any bodily
10    function;
11        (iii) commits or allows to be committed any sex
12    offense against such minor, as such sex offenses are
13    defined in the Criminal Code of 1961 or the Criminal Code
14    of 2012, or in the Wrongs to Children Act, and extending
15    those definitions of sex offenses to include minors under
16    18 years of age;
17        (iv) commits or allows to be committed an act or acts
18    of torture upon such minor;
19        (v) inflicts excessive corporal punishment;
20        (vi) commits or allows to be committed the offense of
21    involuntary servitude, involuntary sexual servitude of a
22    minor, or trafficking in persons as defined in Section
23    10-9 of the Criminal Code of 1961 or the Criminal Code of
24    2012, upon such minor; or
25        (vii) allows, encourages, or requires a minor to
26    commit any act of prostitution, as defined in the Criminal

 

 

HB4844 Engrossed- 1728 -LRB103 39009 AMC 69146 b

1    Code of 1961 or the Criminal Code of 2012, and extending
2    those definitions to include minors under 18 years of age.
3    A minor shall not be considered abused for the sole reason
4that the minor has been relinquished in accordance with the
5Abandoned Newborn Infant Protection Act.
6    (3) This Section does not apply to a minor who would be
7included herein solely for the purpose of qualifying for
8financial assistance for the minor or , the minor's parents,
9guardian, or custodian.
10    (4) The changes made by Public Act 101-79 this amendatory
11Act of the 101st General Assembly apply to a case that is
12pending on or after July 12, 2019 (the effective date of Public
13Act 101-79) this amendatory Act of the 101st General Assembly.
14(Source: P.A. 103-22, eff. 8-8-23; 103-233, eff. 6-30-23;
15revised 8-30-23.)
 
16    (705 ILCS 405/2-6)  (from Ch. 37, par. 802-6)
17    Sec. 2-6. Duty of officer. (1) A law enforcement officer
18who takes a minor into custody under Section 2-5 shall
19immediately make a reasonable attempt to notify the parent or
20other person legally responsible for the minor's care or the
21person with whom the minor resides that the minor has been
22taken into custody and where the minor is being held.
23        (a) A law enforcement officer who takes a minor into
24    custody with a warrant shall without unnecessary delay
25    take the minor to the nearest juvenile police officer

 

 

HB4844 Engrossed- 1729 -LRB103 39009 AMC 69146 b

1    designated for such purposes in the county of venue.
2        (b) A law enforcement officer who takes a minor into
3    custody without a warrant shall place the minor in
4    temporary protective custody and shall immediately notify
5    the Department of Children and Family Services by
6    contacting either the central register established under
7    Section 7.7 of the Abused and Neglected Child Reporting
8    Act or the nearest Department of Children and Family
9    Services office. If there is reasonable cause to suspect
10    that a minor has died as a result of abuse or neglect, the
11    law enforcement officer shall immediately report such
12    suspected abuse or neglect to the appropriate medical
13    examiner or coroner.
14(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)
 
15    (705 ILCS 405/2-9)  (from Ch. 37, par. 802-9)
16    Sec. 2-9. Setting of temporary custody hearing; notice;
17release.
18    (1) Unless sooner released, a minor, as defined in Section
192-3 or 2-4 of this Act, taken into temporary protective
20custody must be brought before a judicial officer within 48
21hours, exclusive of Saturdays, Sundays, and court-designated
22holidays, for a temporary custody hearing to determine whether
23the minor shall be further held in custody.
24    (2) If the probation officer or such other public officer
25designated by the court determines that the minor should be

 

 

HB4844 Engrossed- 1730 -LRB103 39009 AMC 69146 b

1retained in custody, the probation officer or such other
2public officer designated by the court shall cause a petition
3to be filed as provided in Section 2-13 of this Article, and
4the clerk of the court shall set the matter for hearing on the
5temporary custody hearing calendar. When a parent, guardian,
6custodian, or responsible relative is present and so requests,
7the temporary custody hearing shall be held immediately if the
8court is in session, otherwise at the earliest feasible time.
9The petitioner through counsel or such other public officer
10designated by the court shall ensure insure notification to
11the minor's parent, guardian, custodian, or responsible
12relative of the time and place of the hearing by the best
13practicable notice, allowing for oral notice in place of
14written notice only if provision of written notice is
15unreasonable under the circumstances.
16    (3) The minor must be released from temporary protective
17custody at the expiration of the 48-hour 48 hour period
18specified by this Section if not brought before a judicial
19officer within that period.
20(Source: P.A. 103-22, eff. 8-8-23; revised 9-25-23.)
 
21    (705 ILCS 405/2-10)  (from Ch. 37, par. 802-10)
22    Sec. 2-10. Temporary custody hearing. At the appearance of
23the minor before the court at the temporary custody hearing,
24all witnesses present shall be examined before the court in
25relation to any matter connected with the allegations made in

 

 

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1the petition.
2    (1) If the court finds that there is not probable cause to
3believe that the minor is abused, neglected, or dependent it
4shall release the minor and dismiss the petition.
5    (2) If the court finds that there is probable cause to
6believe that the minor is abused, neglected, or dependent, the
7court shall state in writing the factual basis supporting its
8finding and the minor, the minor's parent, guardian, or
9custodian, and other persons able to give relevant testimony
10shall be examined before the court. The Department of Children
11and Family Services shall give testimony concerning indicated
12reports of abuse and neglect, of which they are aware through
13the central registry, involving the minor's parent, guardian,
14or custodian. After such testimony, the court may, consistent
15with the health, safety, and best interests of the minor,
16enter an order that the minor shall be released upon the
17request of parent, guardian, or custodian if the parent,
18guardian, or custodian appears to take custody. If it is
19determined that a parent's, guardian's, or custodian's
20compliance with critical services mitigates the necessity for
21removal of the minor from the minor's home, the court may enter
22an Order of Protection setting forth reasonable conditions of
23behavior that a parent, guardian, or custodian must observe
24for a specified period of time, not to exceed 12 months,
25without a violation; provided, however, that the 12-month
26period shall begin anew after any violation. "Custodian"

 

 

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1includes the Department of Children and Family Services, if it
2has been given custody of the child, or any other agency of the
3State which has been given custody or wardship of the child. If
4it is consistent with the health, safety, and best interests
5of the minor, the court may also prescribe shelter care and
6order that the minor be kept in a suitable place designated by
7the court or in a shelter care facility designated by the
8Department of Children and Family Services or a licensed child
9welfare agency; however, on and after January 1, 2015 (the
10effective date of Public Act 98-803) and before January 1,
112017, a minor charged with a criminal offense under the
12Criminal Code of 1961 or the Criminal Code of 2012 or
13adjudicated delinquent shall not be placed in the custody of
14or committed to the Department of Children and Family Services
15by any court, except a minor less than 16 years of age and
16committed to the Department of Children and Family Services
17under Section 5-710 of this Act or a minor for whom an
18independent basis of abuse, neglect, or dependency exists; and
19on and after January 1, 2017, a minor charged with a criminal
20offense under the Criminal Code of 1961 or the Criminal Code of
212012 or adjudicated delinquent shall not be placed in the
22custody of or committed to the Department of Children and
23Family Services by any court, except a minor less than 15 years
24of age and committed to the Department of Children and Family
25Services under Section 5-710 of this Act or a minor for whom an
26independent basis of abuse, neglect, or dependency exists. An

 

 

HB4844 Engrossed- 1733 -LRB103 39009 AMC 69146 b

1independent basis exists when the allegations or adjudication
2of abuse, neglect, or dependency do not arise from the same
3facts, incident, or circumstances which give rise to a charge
4or adjudication of delinquency.
5    In placing the minor, the Department or other agency
6shall, to the extent compatible with the court's order, comply
7with Section 7 of the Children and Family Services Act. In
8determining the health, safety, and best interests of the
9minor to prescribe shelter care, the court must find that it is
10a matter of immediate and urgent necessity for the safety, and
11protection of the minor or of the person or property of another
12that the minor be placed in a shelter care facility or that the
13minor is likely to flee the jurisdiction of the court, and must
14further find that reasonable efforts have been made or that,
15consistent with the health, safety and best interests of the
16minor, no efforts reasonably can be made to prevent or
17eliminate the necessity of removal of the minor from the
18minor's home. The court shall require documentation from the
19Department of Children and Family Services as to the
20reasonable efforts that were made to prevent or eliminate the
21necessity of removal of the minor from the minor's home or the
22reasons why no efforts reasonably could be made to prevent or
23eliminate the necessity of removal. When a minor is placed in
24the home of a relative, the Department of Children and Family
25Services shall complete a preliminary background review of the
26members of the minor's custodian's household in accordance

 

 

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1with Section 4.3 of the Child Care Act of 1969 within 90 days
2of that placement. If the minor is ordered placed in a shelter
3care facility of the Department of Children and Family
4Services or a licensed child welfare agency, the court shall,
5upon request of the appropriate Department or other agency,
6appoint the Department of Children and Family Services
7Guardianship Administrator or other appropriate agency
8executive temporary custodian of the minor and the court may
9enter such other orders related to the temporary custody as it
10deems fit and proper, including the provision of services to
11the minor or the minor's family to ameliorate the causes
12contributing to the finding of probable cause or to the
13finding of the existence of immediate and urgent necessity.
14    Where the Department of Children and Family Services
15Guardianship Administrator is appointed as the executive
16temporary custodian, the Department of Children and Family
17Services shall file with the court and serve on the parties a
18parent-child visiting plan, within 10 days, excluding weekends
19and holidays, after the appointment. The parent-child visiting
20plan shall set out the time and place of visits, the frequency
21of visits, the length of visits, who shall be present at the
22visits, and where appropriate, the minor's opportunities to
23have telephone and mail communication with the parents.
24    Where the Department of Children and Family Services
25Guardianship Administrator is appointed as the executive
26temporary custodian, and when the child has siblings in care,

 

 

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1the Department of Children and Family Services shall file with
2the court and serve on the parties a sibling placement and
3contact plan within 10 days, excluding weekends and holidays,
4after the appointment. The sibling placement and contact plan
5shall set forth whether the siblings are placed together, and
6if they are not placed together, what, if any, efforts are
7being made to place them together. If the Department has
8determined that it is not in a child's best interest to be
9placed with a sibling, the Department shall document in the
10sibling placement and contact plan the basis for its
11determination. For siblings placed separately, the sibling
12placement and contact plan shall set the time and place for
13visits, the frequency of the visits, the length of visits, who
14shall be present for the visits, and where appropriate, the
15child's opportunities to have contact with their siblings in
16addition to in person contact. If the Department determines it
17is not in the best interest of a sibling to have contact with a
18sibling, the Department shall document in the sibling
19placement and contact plan the basis for its determination.
20The sibling placement and contact plan shall specify a date
21for development of the Sibling Contact Support Plan, under
22subsection (f) of Section 7.4 of the Children and Family
23Services Act, and shall remain in effect until the Sibling
24Contact Support Plan is developed.
25    For good cause, the court may waive the requirement to
26file the parent-child visiting plan or the sibling placement

 

 

HB4844 Engrossed- 1736 -LRB103 39009 AMC 69146 b

1and contact plan, or extend the time for filing either plan.
2Any party may, by motion, request the court to review the
3parent-child visiting plan to determine whether it is
4reasonably calculated to expeditiously facilitate the
5achievement of the permanency goal. A party may, by motion,
6request the court to review the parent-child visiting plan or
7the sibling placement and contact plan to determine whether it
8is consistent with the minor's best interest. The court may
9refer the parties to mediation where available. The frequency,
10duration, and locations of visitation shall be measured by the
11needs of the child and family, and not by the convenience of
12Department personnel. Child development principles shall be
13considered by the court in its analysis of how frequent
14visitation should be, how long it should last, where it should
15take place, and who should be present. If upon motion of the
16party to review either plan and after receiving evidence, the
17court determines that the parent-child visiting plan is not
18reasonably calculated to expeditiously facilitate the
19achievement of the permanency goal or that the restrictions
20placed on parent-child contact or sibling placement or contact
21are contrary to the child's best interests, the court shall
22put in writing the factual basis supporting the determination
23and enter specific findings based on the evidence. The court
24shall enter an order for the Department to implement changes
25to the parent-child visiting plan or sibling placement or
26contact plan, consistent with the court's findings. At any

 

 

HB4844 Engrossed- 1737 -LRB103 39009 AMC 69146 b

1stage of proceeding, any party may by motion request the court
2to enter any orders necessary to implement the parent-child
3visiting plan, sibling placement or contact plan, or
4subsequently developed Sibling Contact Support Plan. Nothing
5under this subsection (2) shall restrict the court from
6granting discretionary authority to the Department to increase
7opportunities for additional parent-child contacts or sibling
8contacts, without further court orders. Nothing in this
9subsection (2) shall restrict the Department from immediately
10restricting or terminating parent-child contact or sibling
11contacts, without either amending the parent-child visiting
12plan or the sibling contact plan or obtaining a court order,
13where the Department or its assigns reasonably believe there
14is an immediate need to protect the child's health, safety,
15and welfare. Such restrictions or terminations must be based
16on available facts to the Department and its assigns when
17viewed in light of the surrounding circumstances and shall
18only occur on an individual case-by-case basis. The Department
19shall file with the court and serve on the parties any
20amendments to the plan within 10 days, excluding weekends and
21holidays, of the change of the visitation.
22    Acceptance of services shall not be considered an
23admission of any allegation in a petition made pursuant to
24this Act, nor may a referral of services be considered as
25evidence in any proceeding pursuant to this Act, except where
26the issue is whether the Department has made reasonable

 

 

HB4844 Engrossed- 1738 -LRB103 39009 AMC 69146 b

1efforts to reunite the family. In making its findings that it
2is consistent with the health, safety, and best interests of
3the minor to prescribe shelter care, the court shall state in
4writing (i) the factual basis supporting its findings
5concerning the immediate and urgent necessity for the
6protection of the minor or of the person or property of another
7and (ii) the factual basis supporting its findings that
8reasonable efforts were made to prevent or eliminate the
9removal of the minor from the minor's home or that no efforts
10reasonably could be made to prevent or eliminate the removal
11of the minor from the minor's home. The parents, guardian,
12custodian, temporary custodian, and minor shall each be
13furnished a copy of such written findings. The temporary
14custodian shall maintain a copy of the court order and written
15findings in the case record for the child. The order together
16with the court's findings of fact in support thereof shall be
17entered of record in the court.
18    Once the court finds that it is a matter of immediate and
19urgent necessity for the protection of the minor that the
20minor be placed in a shelter care facility, the minor shall not
21be returned to the parent, custodian, or guardian until the
22court finds that such placement is no longer necessary for the
23protection of the minor.
24    If the child is placed in the temporary custody of the
25Department of Children and Family Services for the minor's
26protection, the court shall admonish the parents, guardian,

 

 

HB4844 Engrossed- 1739 -LRB103 39009 AMC 69146 b

1custodian, or responsible relative that the parents must
2cooperate with the Department of Children and Family Services,
3comply with the terms of the service plans, and correct the
4conditions which require the child to be in care, or risk
5termination of their parental rights. The court shall ensure,
6by inquiring in open court of each parent, guardian,
7custodian, or responsible relative, that the parent, guardian,
8custodian, or responsible relative has had the opportunity to
9provide the Department with all known names, addresses, and
10telephone numbers of each of the minor's living adult
11relatives, including, but not limited to, grandparents,
12siblings of the minor's parents, and siblings. The court shall
13advise the parents, guardian, custodian, or responsible
14relative to inform the Department if additional information
15regarding the minor's adult relatives becomes available.
16    (3) If prior to the shelter care hearing for a minor
17described in Sections 2-3, 2-4, 3-3, and 4-3 the moving party
18is unable to serve notice on the party respondent, the shelter
19care hearing may proceed ex parte. A shelter care order from an
20ex parte hearing shall be endorsed with the date and hour of
21issuance and shall be filed with the clerk's office and
22entered of record. The order shall expire after 10 days from
23the time it is issued unless before its expiration it is
24renewed, at a hearing upon appearance of the party respondent,
25or upon an affidavit of the moving party as to all diligent
26efforts to notify the party respondent by notice as herein

 

 

HB4844 Engrossed- 1740 -LRB103 39009 AMC 69146 b

1prescribed. The notice prescribed shall be in writing and
2shall be personally delivered to the minor or the minor's
3attorney and to the last known address of the other person or
4persons entitled to notice. The notice shall also state the
5nature of the allegations, the nature of the order sought by
6the State, including whether temporary custody is sought, and
7the consequences of failure to appear and shall contain a
8notice that the parties will not be entitled to further
9written notices or publication notices of proceedings in this
10case, including the filing of an amended petition or a motion
11to terminate parental rights, except as required by Supreme
12Court Rule 11; and shall explain the right of the parties and
13the procedures to vacate or modify a shelter care order as
14provided in this Section. The notice for a shelter care
15hearing shall be substantially as follows:
16
NOTICE TO PARENTS AND CHILDREN
17
OF SHELTER CARE HEARING
18        On ................ at ........., before the Honorable
19    ................, (address:) ................., the State
20    of Illinois will present evidence (1) that (name of child
21    or children) ....................... are abused,
22    neglected, or dependent for the following reasons:
23    .............................................. and (2)
24    whether there is "immediate and urgent necessity" to
25    remove the child or children from the responsible
26    relative.

 

 

HB4844 Engrossed- 1741 -LRB103 39009 AMC 69146 b

1        YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
2    PLACEMENT of the child or children in foster care until a
3    trial can be held. A trial may not be held for up to 90
4    days. You will not be entitled to further notices of
5    proceedings in this case, including the filing of an
6    amended petition or a motion to terminate parental rights.
7        At the shelter care hearing, parents have the
8    following rights:
9            1. To ask the court to appoint a lawyer if they
10        cannot afford one.
11            2. To ask the court to continue the hearing to
12        allow them time to prepare.
13            3. To present evidence concerning:
14                a. Whether or not the child or children were
15            abused, neglected or dependent.
16                b. Whether or not there is "immediate and
17            urgent necessity" to remove the child from home
18            (including: their ability to care for the child,
19            conditions in the home, alternative means of
20            protecting the child other than removal).
21                c. The best interests of the child.
22            4. To cross examine the State's witnesses.
 
23    The Notice for rehearings shall be substantially as
24follows:
25
NOTICE OF PARENT'S AND CHILDREN'S RIGHTS

 

 

HB4844 Engrossed- 1742 -LRB103 39009 AMC 69146 b

1
TO REHEARING ON TEMPORARY CUSTODY
2        If you were not present at and did not have adequate
3    notice of the Shelter Care Hearing at which temporary
4    custody of ............... was awarded to
5    ................, you have the right to request a full
6    rehearing on whether the State should have temporary
7    custody of ................. To request this rehearing,
8    you must file with the Clerk of the Juvenile Court
9    (address): ........................, in person or by
10    mailing a statement (affidavit) setting forth the
11    following:
12            1. That you were not present at the shelter care
13        hearing.
14            2. That you did not get adequate notice
15        (explaining how the notice was inadequate).
16            3. Your signature.
17            4. Signature must be notarized.
18        The rehearing should be scheduled within 48 hours of
19    your filing this affidavit.
20        At the rehearing, your rights are the same as at the
21    initial shelter care hearing. The enclosed notice explains
22    those rights.
23        At the Shelter Care Hearing, children have the
24    following rights:
25            1. To have a guardian ad litem appointed.
26            2. To be declared competent as a witness and to

 

 

HB4844 Engrossed- 1743 -LRB103 39009 AMC 69146 b

1        present testimony concerning:
2                a. Whether they are abused, neglected or
3            dependent.
4                b. Whether there is "immediate and urgent
5            necessity" to be removed from home.
6                c. Their best interests.
7            3. To cross examine witnesses for other parties.
8            4. To obtain an explanation of any proceedings and
9        orders of the court.
10    (4) If the parent, guardian, legal custodian, responsible
11relative, minor age 8 or over, or counsel of the minor did not
12have actual notice of or was not present at the shelter care
13hearing, the parent, guardian, legal custodian, responsible
14relative, minor age 8 or over, or counsel of the minor may file
15an affidavit setting forth these facts, and the clerk shall
16set the matter for rehearing not later than 48 hours,
17excluding Sundays and legal holidays, after the filing of the
18affidavit. At the rehearing, the court shall proceed in the
19same manner as upon the original hearing.
20    (5) Only when there is reasonable cause to believe that
21the minor taken into custody is a person described in
22subsection (3) of Section 5-105 may the minor be kept or
23detained in a detention home or county or municipal jail. This
24Section shall in no way be construed to limit subsection (6).
25    (6) No minor under 16 years of age may be confined in a
26jail or place ordinarily used for the confinement of prisoners

 

 

HB4844 Engrossed- 1744 -LRB103 39009 AMC 69146 b

1in a police station. Minors under 18 years of age must be kept
2separate from confined adults and may not at any time be kept
3in the same cell, room, or yard with adults confined pursuant
4to the criminal law.
5    (7) If the minor is not brought before a judicial officer
6within the time period as specified in Section 2-9, the minor
7must immediately be released from custody.
8    (8) If neither the parent, guardian, or custodian appears
9within 24 hours to take custody of a minor released upon
10request pursuant to subsection (2) of this Section, then the
11clerk of the court shall set the matter for rehearing not later
12than 7 days after the original order and shall issue a summons
13directed to the parent, guardian, or custodian to appear. At
14the same time the probation department shall prepare a report
15on the minor. If a parent, guardian, or custodian does not
16appear at such rehearing, the judge may enter an order
17prescribing that the minor be kept in a suitable place
18designated by the Department of Children and Family Services
19or a licensed child welfare agency.
20    (9) Notwithstanding any other provision of this Section
21any interested party, including the State, the temporary
22custodian, an agency providing services to the minor or family
23under a service plan pursuant to Section 8.2 of the Abused and
24Neglected Child Reporting Act, foster parent, or any of their
25representatives, on notice to all parties entitled to notice,
26may file a motion that it is in the best interests of the minor

 

 

HB4844 Engrossed- 1745 -LRB103 39009 AMC 69146 b

1to modify or vacate a temporary custody order on any of the
2following grounds:
3        (a) It is no longer a matter of immediate and urgent
4    necessity that the minor remain in shelter care; or
5        (b) There is a material change in the circumstances of
6    the natural family from which the minor was removed and
7    the child can be cared for at home without endangering the
8    child's health or safety; or
9        (c) A person not a party to the alleged abuse, neglect
10    or dependency, including a parent, relative, or legal
11    guardian, is capable of assuming temporary custody of the
12    minor; or
13        (d) Services provided by the Department of Children
14    and Family Services or a child welfare agency or other
15    service provider have been successful in eliminating the
16    need for temporary custody and the child can be cared for
17    at home without endangering the child's health or safety.
18    In ruling on the motion, the court shall determine whether
19it is consistent with the health, safety, and best interests
20of the minor to modify or vacate a temporary custody order. If
21the minor is being restored to the custody of a parent, legal
22custodian, or guardian who lives outside of Illinois, and an
23Interstate Compact has been requested and refused, the court
24may order the Department of Children and Family Services to
25arrange for an assessment of the minor's proposed living
26arrangement and for ongoing monitoring of the health, safety,

 

 

HB4844 Engrossed- 1746 -LRB103 39009 AMC 69146 b

1and best interest of the minor and compliance with any order of
2protective supervision entered in accordance with Section 2-20
3or 2-25.
4    The clerk shall set the matter for hearing not later than
514 days after such motion is filed. In the event that the court
6modifies or vacates a temporary custody order but does not
7vacate its finding of probable cause, the court may order that
8appropriate services be continued or initiated in behalf of
9the minor and the minor's family.
10    (10) When the court finds or has found that there is
11probable cause to believe a minor is an abused minor as
12described in subsection (2) of Section 2-3 and that there is an
13immediate and urgent necessity for the abused minor to be
14placed in shelter care, immediate and urgent necessity shall
15be presumed for any other minor residing in the same household
16as the abused minor provided:
17        (a) Such other minor is the subject of an abuse or
18    neglect petition pending before the court; and
19        (b) A party to the petition is seeking shelter care
20    for such other minor.
21    Once the presumption of immediate and urgent necessity has
22been raised, the burden of demonstrating the lack of immediate
23and urgent necessity shall be on any party that is opposing
24shelter care for the other minor.
25    (11) The changes made to this Section by Public Act 98-61
26apply to a minor who has been arrested or taken into custody on

 

 

HB4844 Engrossed- 1747 -LRB103 39009 AMC 69146 b

1or after January 1, 2014 (the effective date of Public Act
298-61).
3    (12) After the court has placed a minor in the care of a
4temporary custodian pursuant to this Section, any party may
5file a motion requesting the court to grant the temporary
6custodian the authority to serve as a surrogate decision maker
7for the minor under the Health Care Surrogate Act for purposes
8of making decisions pursuant to paragraph (1) of subsection
9(b) of Section 20 of the Health Care Surrogate Act. The court
10may grant the motion if it determines by clear and convincing
11evidence that it is in the best interests of the minor to grant
12the temporary custodian such authority. In making its
13determination, the court shall weigh the following factors in
14addition to considering the best interests factors listed in
15subsection (4.05) of Section 1-3 of this Act:
16        (a) the efforts to identify and locate the respondents
17    and adult family members of the minor and the results of
18    those efforts;
19        (b) the efforts to engage the respondents and adult
20    family members of the minor in decision making on behalf
21    of the minor;
22        (c) the length of time the efforts in paragraphs (a)
23    and (b) have been ongoing;
24        (d) the relationship between the respondents and adult
25    family members and the minor;
26        (e) medical testimony regarding the extent to which

 

 

HB4844 Engrossed- 1748 -LRB103 39009 AMC 69146 b

1    the minor is suffering and the impact of a delay in
2    decision-making on the minor; and
3        (f) any other factor the court deems relevant.
4    If the Department of Children and Family Services is the
5temporary custodian of the minor, in addition to the
6requirements of paragraph (1) of subsection (b) of Section 20
7of the Health Care Surrogate Act, the Department shall follow
8its rules and procedures in exercising authority granted under
9this subsection.
10(Source: P.A. 102-489, eff. 8-20-21; 102-502, eff. 1-1-22;
11102-813, eff. 5-13-22; 103-22, eff. 8-8-23; revised 9-20-23.)
 
12    (705 ILCS 405/2-20)  (from Ch. 37, par. 802-20)
13    Sec. 2-20. Continuance under supervision.
14    (1) The court may enter an order of continuance under
15supervision: (a) upon an admission or stipulation by the
16appropriate respondent or minor respondent of the facts
17supporting the petition and before proceeding to findings and
18adjudication, or after hearing the evidence at the
19adjudicatory hearing but before noting in the minutes of
20proceeding a finding of whether or not the minor is abused,
21neglected or dependent; and (b) in the absence of objection
22made in open court by the minor, the minor's parent, guardian,
23custodian, responsible relative, or defense attorney, or the
24State's Attorney.
25    (2) If the minor, the minor's parent, guardian, custodian,

 

 

HB4844 Engrossed- 1749 -LRB103 39009 AMC 69146 b

1responsible relative, or defense attorney, or the State's
2Attorney, objects in open court to any such continuance and
3insists upon proceeding to findings and adjudication, the
4court shall so proceed.
5    (3) Nothing in this Section limits the power of the court
6to order a continuance of the hearing for the production of
7additional evidence or for any other proper reason.
8    (4) When a hearing where a minor is alleged to be abused,
9neglected or dependent is continued pursuant to this Section,
10the court may permit the minor to remain in the minor's home if
11the court determines and makes written factual findings that
12the minor can be cared for at home when consistent with the
13minor's health, safety, and best interests, subject to such
14conditions concerning the minor's conduct and supervision as
15the court may require by order.
16    (5) If a petition is filed charging a violation of a
17condition of the continuance under supervision, the court
18shall conduct a hearing. If the court finds that such
19condition of supervision has not been fulfilled the court may
20proceed to findings and adjudication and disposition. The
21filing of a petition for violation of a condition of the
22continuance under supervision shall toll the period of
23continuance under supervision until the final determination of
24the charge, and the term of the continuance under supervision
25shall not run until the hearing and disposition of the
26petition for violation; provided where the petition alleges

 

 

HB4844 Engrossed- 1750 -LRB103 39009 AMC 69146 b

1conduct that does not constitute a criminal offense, the
2hearing must be held within 15 days of the filing of the
3petition unless a delay in such hearing has been occasioned by
4the minor, in which case the delay shall continue the tolling
5of the period of continuance under supervision for the period
6of such delay.
7(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)
 
8    (705 ILCS 405/2-28)
9    Sec. 2-28. Court review.
10    (1) The court may require any legal custodian or guardian
11of the person appointed under this Act to report periodically
12to the court or may cite the legal custodian or guardian into
13court and require the legal custodian, guardian, or the legal
14custodian's or guardian's agency to make a full and accurate
15report of the doings of the legal custodian, guardian, or
16agency on behalf of the minor. The custodian or guardian,
17within 10 days after such citation, or earlier if the court
18determines it to be necessary to protect the health, safety,
19or welfare of the minor, shall make the report, either in
20writing verified by affidavit or orally under oath in open
21court, or otherwise as the court directs. Upon the hearing of
22the report the court may remove the custodian or guardian and
23appoint another in the custodian's or guardian's stead or
24restore the minor to the custody of the minor's parents or
25former guardian or custodian. However, custody of the minor

 

 

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1shall not be restored to any parent, guardian, or legal
2custodian in any case in which the minor is found to be
3neglected or abused under Section 2-3 or dependent under
4Section 2-4 of this Act, unless the minor can be cared for at
5home without endangering the minor's health or safety and it
6is in the best interests of the minor, and if such neglect,
7abuse, or dependency is found by the court under paragraph (1)
8of Section 2-21 of this Act to have come about due to the acts
9or omissions or both of such parent, guardian, or legal
10custodian, until such time as an investigation is made as
11provided in paragraph (5) and a hearing is held on the issue of
12the fitness of such parent, guardian, or legal custodian to
13care for the minor and the court enters an order that such
14parent, guardian, or legal custodian is fit to care for the
15minor.
16    (1.5) The public agency that is the custodian or guardian
17of the minor shall file a written report with the court no
18later than 15 days after a minor in the agency's care remains:
19        (1) in a shelter placement beyond 30 days;
20        (2) in a psychiatric hospital past the time when the
21    minor is clinically ready for discharge or beyond medical
22    necessity for the minor's health; or
23        (3) in a detention center or Department of Juvenile
24    Justice facility solely because the public agency cannot
25    find an appropriate placement for the minor.
26    The report shall explain the steps the agency is taking to

 

 

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1ensure the minor is placed appropriately, how the minor's
2needs are being met in the minor's shelter placement, and if a
3future placement has been identified by the Department, why
4the anticipated placement is appropriate for the needs of the
5minor and the anticipated placement date.
6    (1.6) Within 30 days after placing a child in its care in a
7qualified residential treatment program, as defined by the
8federal Social Security Act, the Department of Children and
9Family Services shall prepare a written report for filing with
10the court and send copies of the report to all parties. Within
1120 days of the filing of the report, or as soon thereafter as
12the court's schedule allows but not more than 60 days from the
13date of placement, the court shall hold a hearing to consider
14the Department's report and determine whether placement of the
15child in a qualified residential treatment program provides
16the most effective and appropriate level of care for the child
17in the least restrictive environment and if the placement is
18consistent with the short-term and long-term goals for the
19child, as specified in the permanency plan for the child. The
20court shall approve or disapprove the placement. If
21applicable, the requirements of Sections 2-27.1 and 2-27.2
22must also be met. The Department's written report and the
23court's written determination shall be included in and made
24part of the case plan for the child. If the child remains
25placed in a qualified residential treatment program, the
26Department shall submit evidence at each status and permanency

 

 

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1hearing:
2        (1) demonstrating that on-going assessment of the
3    strengths and needs of the child continues to support the
4    determination that the child's needs cannot be met through
5    placement in a foster family home, that the placement
6    provides the most effective and appropriate level of care
7    for the child in the least restrictive, appropriate
8    environment, and that the placement is consistent with the
9    short-term and long-term permanency goal for the child, as
10    specified in the permanency plan for the child;
11        (2) documenting the specific treatment or service
12    needs that should be met for the child in the placement and
13    the length of time the child is expected to need the
14    treatment or services; and
15        (3) the efforts made by the agency to prepare the
16    child to return home or to be placed with a fit and willing
17    relative, a legal guardian, or an adoptive parent, or in a
18    foster family home.
19    (2) The first permanency hearing shall be conducted by the
20judge. Subsequent permanency hearings may be heard by a judge
21or by hearing officers appointed or approved by the court in
22the manner set forth in Section 2-28.1 of this Act. The initial
23hearing shall be held (a) within 12 months from the date
24temporary custody was taken, regardless of whether an
25adjudication or dispositional hearing has been completed
26within that time frame, (b) if the parental rights of both

 

 

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1parents have been terminated in accordance with the procedure
2described in subsection (5) of Section 2-21, within 30 days of
3the order for termination of parental rights and appointment
4of a guardian with power to consent to adoption, or (c) in
5accordance with subsection (2) of Section 2-13.1. Subsequent
6permanency hearings shall be held every 6 months or more
7frequently if necessary in the court's determination following
8the initial permanency hearing, in accordance with the
9standards set forth in this Section, until the court
10determines that the plan and goal have been achieved. Once the
11plan and goal have been achieved, if the minor remains in
12substitute care, the case shall be reviewed at least every 6
13months thereafter, subject to the provisions of this Section,
14unless the minor is placed in the guardianship of a suitable
15relative or other person and the court determines that further
16monitoring by the court does not further the health, safety,
17or best interest of the child and that this is a stable
18permanent placement. The permanency hearings must occur within
19the time frames set forth in this subsection and may not be
20delayed in anticipation of a report from any source or due to
21the agency's failure to timely file its written report (this
22written report means the one required under the next paragraph
23and does not mean the service plan also referred to in that
24paragraph).
25    The public agency that is the custodian or guardian of the
26minor, or another agency responsible for the minor's care,

 

 

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1shall ensure that all parties to the permanency hearings are
2provided a copy of the most recent service plan prepared
3within the prior 6 months at least 14 days in advance of the
4hearing. If not contained in the agency's service plan, the
5agency shall also include a report setting forth (i) any
6special physical, psychological, educational, medical,
7emotional, or other needs of the minor or the minor's family
8that are relevant to a permanency or placement determination
9and (ii) for any minor age 16 or over, a written description of
10the programs and services that will enable the minor to
11prepare for independent living. If not contained in the
12agency's service plan, the agency's report shall specify if a
13minor is placed in a licensed child care facility under a
14corrective plan by the Department due to concerns impacting
15the minor's safety and well-being. The report shall explain
16the steps the Department is taking to ensure the safety and
17well-being of the minor and that the minor's needs are met in
18the facility. The agency's written report must detail what
19progress or lack of progress the parent has made in correcting
20the conditions requiring the child to be in care; whether the
21child can be returned home without jeopardizing the child's
22health, safety, and welfare, and, if not, what permanency goal
23is recommended to be in the best interests of the child, and
24why the other permanency goals are not appropriate. The
25caseworker must appear and testify at the permanency hearing.
26If a permanency hearing has not previously been scheduled by

 

 

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1the court, the moving party shall move for the setting of a
2permanency hearing and the entry of an order within the time
3frames set forth in this subsection.
4    At the permanency hearing, the court shall determine the
5future status of the child. The court shall set one of the
6following permanency goals:
7        (A) The minor will be returned home by a specific date
8    within 5 months.
9        (B) The minor will be in short-term care with a
10    continued goal to return home within a period not to
11    exceed one year, where the progress of the parent or
12    parents is substantial giving particular consideration to
13    the age and individual needs of the minor.
14        (B-1) The minor will be in short-term care with a
15    continued goal to return home pending a status hearing.
16    When the court finds that a parent has not made reasonable
17    efforts or reasonable progress to date, the court shall
18    identify what actions the parent and the Department must
19    take in order to justify a finding of reasonable efforts
20    or reasonable progress and shall set a status hearing to
21    be held not earlier than 9 months from the date of
22    adjudication nor later than 11 months from the date of
23    adjudication during which the parent's progress will again
24    be reviewed.
25        (C) The minor will be in substitute care pending court
26    determination on termination of parental rights.

 

 

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1        (D) Adoption, provided that parental rights have been
2    terminated or relinquished.
3        (E) The guardianship of the minor will be transferred
4    to an individual or couple on a permanent basis provided
5    that goals (A) through (D) have been deemed inappropriate
6    and not in the child's best interests. The court shall
7    confirm that the Department has discussed adoption, if
8    appropriate, and guardianship with the caregiver prior to
9    changing a goal to guardianship.
10        (F) The minor over age 15 will be in substitute care
11    pending independence. In selecting this permanency goal,
12    the Department of Children and Family Services may provide
13    services to enable reunification and to strengthen the
14    minor's connections with family, fictive kin, and other
15    responsible adults, provided the services are in the
16    minor's best interest. The services shall be documented in
17    the service plan.
18        (G) The minor will be in substitute care because the
19    minor cannot be provided for in a home environment due to
20    developmental disabilities or mental illness or because
21    the minor is a danger to self or others, provided that
22    goals (A) through (D) have been deemed inappropriate and
23    not in the child's best interests.
24    In selecting any permanency goal, the court shall indicate
25in writing the reasons the goal was selected and why the
26preceding goals were deemed inappropriate and not in the

 

 

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1child's best interest. Where the court has selected a
2permanency goal other than (A), (B), or (B-1), the Department
3of Children and Family Services shall not provide further
4reunification services, except as provided in paragraph (F) of
5this subsection (2), but shall provide services consistent
6with the goal selected.
7        (H) Notwithstanding any other provision in this
8    Section, the court may select the goal of continuing
9    foster care as a permanency goal if:
10            (1) The Department of Children and Family Services
11        has custody and guardianship of the minor;
12            (2) The court has deemed all other permanency
13        goals inappropriate based on the child's best
14        interest;
15            (3) The court has found compelling reasons, based
16        on written documentation reviewed by the court, to
17        place the minor in continuing foster care. Compelling
18        reasons include:
19                (a) the child does not wish to be adopted or to
20            be placed in the guardianship of the minor's
21            relative or foster care placement;
22                (b) the child exhibits an extreme level of
23            need such that the removal of the child from the
24            minor's placement would be detrimental to the
25            child; or
26                (c) the child who is the subject of the

 

 

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1            permanency hearing has existing close and strong
2            bonds with a sibling, and achievement of another
3            permanency goal would substantially interfere with
4            the subject child's sibling relationship, taking
5            into consideration the nature and extent of the
6            relationship, and whether ongoing contact is in
7            the subject child's best interest, including
8            long-term emotional interest, as compared with the
9            legal and emotional benefit of permanence;
10            (4) The child has lived with the relative or
11        foster parent for at least one year; and
12            (5) The relative or foster parent currently caring
13        for the child is willing and capable of providing the
14        child with a stable and permanent environment.
15    The court shall set a permanency goal that is in the best
16interest of the child. In determining that goal, the court
17shall consult with the minor in an age-appropriate manner
18regarding the proposed permanency or transition plan for the
19minor. The court's determination shall include the following
20factors:
21        (1) Age of the child.
22        (2) Options available for permanence, including both
23    out-of-state and in-state placement options.
24        (3) Current placement of the child and the intent of
25    the family regarding adoption.
26        (4) Emotional, physical, and mental status or

 

 

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1    condition of the child.
2        (5) Types of services previously offered and whether
3    or not the services were successful and, if not
4    successful, the reasons the services failed.
5        (6) Availability of services currently needed and
6    whether the services exist.
7        (7) Status of siblings of the minor.
8    The court shall consider (i) the permanency goal contained
9in the service plan, (ii) the appropriateness of the services
10contained in the plan and whether those services have been
11provided, (iii) whether reasonable efforts have been made by
12all the parties to the service plan to achieve the goal, and
13(iv) whether the plan and goal have been achieved. All
14evidence relevant to determining these questions, including
15oral and written reports, may be admitted and may be relied on
16to the extent of their probative value.
17    The court shall make findings as to whether, in violation
18of Section 8.2 of the Abused and Neglected Child Reporting
19Act, any portion of the service plan compels a child or parent
20to engage in any activity or refrain from any activity that is
21not reasonably related to remedying a condition or conditions
22that gave rise or which could give rise to any finding of child
23abuse or neglect. The services contained in the service plan
24shall include services reasonably related to remedy the
25conditions that gave rise to removal of the child from the home
26of the child's parents, guardian, or legal custodian or that

 

 

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1the court has found must be remedied prior to returning the
2child home. Any tasks the court requires of the parents,
3guardian, or legal custodian or child prior to returning the
4child home must be reasonably related to remedying a condition
5or conditions that gave rise to or which could give rise to any
6finding of child abuse or neglect.
7    If the permanency goal is to return home, the court shall
8make findings that identify any problems that are causing
9continued placement of the children away from the home and
10identify what outcomes would be considered a resolution to
11these problems. The court shall explain to the parents that
12these findings are based on the information that the court has
13at that time and may be revised, should additional evidence be
14presented to the court.
15    The court shall review the Sibling Contact Support Plan
16developed or modified under subsection (f) of Section 7.4 of
17the Children and Family Services Act, if applicable. If the
18Department has not convened a meeting to develop or modify a
19Sibling Contact Support Plan, or if the court finds that the
20existing Plan is not in the child's best interest, the court
21may enter an order requiring the Department to develop,
22modify, or implement a Sibling Contact Support Plan, or order
23mediation.
24    If the goal has been achieved, the court shall enter
25orders that are necessary to conform the minor's legal custody
26and status to those findings.

 

 

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1    If, after receiving evidence, the court determines that
2the services contained in the plan are not reasonably
3calculated to facilitate achievement of the permanency goal,
4the court shall put in writing the factual basis supporting
5the determination and enter specific findings based on the
6evidence. The court also shall enter an order for the
7Department to develop and implement a new service plan or to
8implement changes to the current service plan consistent with
9the court's findings. The new service plan shall be filed with
10the court and served on all parties within 45 days of the date
11of the order. The court shall continue the matter until the new
12service plan is filed. Except as authorized by subsection
13(2.5) of this Section and as otherwise specifically authorized
14by law, the court is not empowered under this Section to order
15specific placements, specific services, or specific service
16providers to be included in the service plan.
17    A guardian or custodian appointed by the court pursuant to
18this Act shall file updated case plans with the court every 6
19months.
20    Rights of wards of the court under this Act are
21enforceable against any public agency by complaints for relief
22by mandamus filed in any proceedings brought under this Act.
23    (2.5) If, after reviewing the evidence, including evidence
24from the Department, the court determines that the minor's
25current or planned placement is not necessary or appropriate
26to facilitate achievement of the permanency goal, the court

 

 

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1shall put in writing the factual basis supporting its
2determination and enter specific findings based on the
3evidence. If the court finds that the minor's current or
4planned placement is not necessary or appropriate, the court
5may enter an order directing the Department to implement a
6recommendation by the minor's treating clinician or a
7clinician contracted by the Department to evaluate the minor
8or a recommendation made by the Department. If the Department
9places a minor in a placement under an order entered under this
10subsection (2.5), the Department has the authority to remove
11the minor from that placement when a change in circumstances
12necessitates the removal to protect the minor's health,
13safety, and best interest. If the Department determines
14removal is necessary, the Department shall notify the parties
15of the planned placement change in writing no later than 10
16days prior to the implementation of its determination unless
17remaining in the placement poses an imminent risk of harm to
18the minor, in which case the Department shall notify the
19parties of the placement change in writing immediately
20following the implementation of its decision. The Department
21shall notify others of the decision to change the minor's
22placement as required by Department rule.
23    (3) Following the permanency hearing, the court shall
24enter a written order that includes the determinations
25required under subsection (2) of this Section and sets forth
26the following:

 

 

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1        (a) The future status of the minor, including the
2    permanency goal, and any order necessary to conform the
3    minor's legal custody and status to such determination; or
4        (b) If the permanency goal of the minor cannot be
5    achieved immediately, the specific reasons for continuing
6    the minor in the care of the Department of Children and
7    Family Services or other agency for short-term placement,
8    and the following determinations:
9            (i) (Blank).
10            (ii) Whether the services required by the court
11        and by any service plan prepared within the prior 6
12        months have been provided and (A) if so, whether the
13        services were reasonably calculated to facilitate the
14        achievement of the permanency goal or (B) if not
15        provided, why the services were not provided.
16            (iii) Whether the minor's current or planned
17        placement is necessary, and appropriate to the plan
18        and goal, recognizing the right of minors to the least
19        restrictive (most family-like) setting available and
20        in close proximity to the parents' home consistent
21        with the health, safety, best interest, and special
22        needs of the minor and, if the minor is placed
23        out-of-state, whether the out-of-state placement
24        continues to be appropriate and consistent with the
25        health, safety, and best interest of the minor.
26            (iv) (Blank).

 

 

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1            (v) (Blank).
2    (4) The minor or any person interested in the minor may
3apply to the court for a change in custody of the minor and the
4appointment of a new custodian or guardian of the person or for
5the restoration of the minor to the custody of the minor's
6parents or former guardian or custodian.
7    When return home is not selected as the permanency goal:
8        (a) The Department, the minor, or the current foster
9    parent or relative caregiver seeking private guardianship
10    may file a motion for private guardianship of the minor.
11    Appointment of a guardian under this Section requires
12    approval of the court.
13        (b) The State's Attorney may file a motion to
14    terminate parental rights of any parent who has failed to
15    make reasonable efforts to correct the conditions which
16    led to the removal of the child or reasonable progress
17    toward the return of the child, as defined in subdivision
18    (D)(m) of Section 1 of the Adoption Act or for whom any
19    other unfitness ground for terminating parental rights as
20    defined in subdivision (D) of Section 1 of the Adoption
21    Act exists.
22        When parental rights have been terminated for a
23    minimum of 3 years and the child who is the subject of the
24    permanency hearing is 13 years old or older and is not
25    currently placed in a placement likely to achieve
26    permanency, the Department of Children and Family Services

 

 

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1    shall make reasonable efforts to locate parents whose
2    rights have been terminated, except when the Court
3    determines that those efforts would be futile or
4    inconsistent with the subject child's best interests. The
5    Department of Children and Family Services shall assess
6    the appropriateness of the parent whose rights have been
7    terminated, and shall, as appropriate, foster and support
8    connections between the parent whose rights have been
9    terminated and the youth. The Department of Children and
10    Family Services shall document its determinations and
11    efforts to foster connections in the child's case plan.
12    Custody of the minor shall not be restored to any parent,
13guardian, or legal custodian in any case in which the minor is
14found to be neglected or abused under Section 2-3 or dependent
15under Section 2-4 of this Act, unless the minor can be cared
16for at home without endangering the minor's health or safety
17and it is in the best interest of the minor, and if such
18neglect, abuse, or dependency is found by the court under
19paragraph (1) of Section 2-21 of this Act to have come about
20due to the acts or omissions or both of such parent, guardian,
21or legal custodian, until such time as an investigation is
22made as provided in paragraph (5) and a hearing is held on the
23issue of the health, safety, and best interest of the minor and
24the fitness of such parent, guardian, or legal custodian to
25care for the minor and the court enters an order that such
26parent, guardian, or legal custodian is fit to care for the

 

 

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1minor. If a motion is filed to modify or vacate a private
2guardianship order and return the child to a parent, guardian,
3or legal custodian, the court may order the Department of
4Children and Family Services to assess the minor's current and
5proposed living arrangements and to provide ongoing monitoring
6of the health, safety, and best interest of the minor during
7the pendency of the motion to assist the court in making that
8determination. In the event that the minor has attained 18
9years of age and the guardian or custodian petitions the court
10for an order terminating the minor's guardianship or custody,
11guardianship or custody shall terminate automatically 30 days
12after the receipt of the petition unless the court orders
13otherwise. No legal custodian or guardian of the person may be
14removed without the legal custodian's or guardian's consent
15until given notice and an opportunity to be heard by the court.
16    When the court orders a child restored to the custody of
17the parent or parents, the court shall order the parent or
18parents to cooperate with the Department of Children and
19Family Services and comply with the terms of an after-care
20plan, or risk the loss of custody of the child and possible
21termination of their parental rights. The court may also enter
22an order of protective supervision in accordance with Section
232-24.
24    If the minor is being restored to the custody of a parent,
25legal custodian, or guardian who lives outside of Illinois,
26and an Interstate Compact has been requested and refused, the

 

 

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1court may order the Department of Children and Family Services
2to arrange for an assessment of the minor's proposed living
3arrangement and for ongoing monitoring of the health, safety,
4and best interest of the minor and compliance with any order of
5protective supervision entered in accordance with Section
62-24.
7    (5) Whenever a parent, guardian, or legal custodian files
8a motion for restoration of custody of the minor, and the minor
9was adjudicated neglected, abused, or dependent as a result of
10physical abuse, the court shall cause to be made an
11investigation as to whether the movant has ever been charged
12with or convicted of any criminal offense which would indicate
13the likelihood of any further physical abuse to the minor.
14Evidence of such criminal convictions shall be taken into
15account in determining whether the minor can be cared for at
16home without endangering the minor's health or safety and
17fitness of the parent, guardian, or legal custodian.
18        (a) Any agency of this State or any subdivision
19    thereof shall cooperate with the agent of the court in
20    providing any information sought in the investigation.
21        (b) The information derived from the investigation and
22    any conclusions or recommendations derived from the
23    information shall be provided to the parent, guardian, or
24    legal custodian seeking restoration of custody prior to
25    the hearing on fitness and the movant shall have an
26    opportunity at the hearing to refute the information or

 

 

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1    contest its significance.
2        (c) All information obtained from any investigation
3    shall be confidential as provided in Section 5-150 of this
4    Act.
5(Source: P.A. 102-193, eff. 7-30-21; 102-489, eff. 8-20-21;
6102-813, eff. 5-13-22; 103-22, eff. 8-8-23; 103-154, eff.
76-30-23; 103-171, eff. 1-1-24; revised 12-15-23.)
 
8    (705 ILCS 405/3-5)  (from Ch. 37, par. 803-5)
9    Sec. 3-5. Interim crisis intervention services.
10    (a) Any minor who is taken into limited custody, or who
11independently requests or is referred for assistance, may be
12provided crisis intervention services by an agency or
13association, as defined in this Act, provided the association
14or agency staff (i) immediately investigate the circumstances
15of the minor and the facts surrounding the minor being taken
16into custody and promptly explain these facts and
17circumstances to the minor, and (ii) make a reasonable effort
18to inform the minor's parent, guardian, or custodian of the
19fact that the minor has been taken into limited custody and
20where the minor is being kept, and (iii) if the minor consents,
21make a reasonable effort to transport, arrange for the
22transportation of, or otherwise release the minor to the
23parent, guardian, or custodian. Upon release of the child who
24is believed to need or benefit from medical, psychological,
25psychiatric, or social services, the association or agency may

 

 

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1inform the minor and the person to whom the minor is released
2of the nature and location of appropriate services and shall,
3if requested, assist in establishing contact between the
4family and other associations or agencies providing such
5services. If the agency or association is unable by all
6reasonable efforts to contact a parent, guardian, or
7custodian, or if the person contacted lives an unreasonable
8distance away, or if the minor refuses to be taken to the
9minor's home or other appropriate residence, or if the agency
10or association is otherwise unable despite all reasonable
11efforts to make arrangements for the safe return of the minor,
12the minor may be taken to a temporary living arrangement which
13is in compliance with the Child Care Act of 1969 or which is
14with persons agreed to by the parents and the agency or
15association.
16    (b) An agency or association is authorized to permit a
17minor to be sheltered in a temporary living arrangement
18provided the agency seeks to effect the minor's return home or
19alternative living arrangements agreeable to the minor and the
20parent, guardian, or custodian as soon as practicable. No
21minor shall be sheltered in a temporary living arrangement for
22more than 21 business days. Throughout such limited custody,
23the agency or association shall work with the parent,
24guardian, or custodian and the minor's local school district,
25the Department of Human Services, the Department of Healthcare
26and Family Services, the Department of Juvenile Justice, and

 

 

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1the Department of Children and Family Services to identify
2immediate and long-term treatment or placement. If at any time
3during the crisis intervention there is a concern that the
4minor has experienced abuse or neglect, the Comprehensive
5Community Based-Youth Services provider shall contact the
6Department of Children and Family Services as provided in the
7Abused and Neglected Child Reporting Act. the minor
8    (c) Any agency or association or employee thereof acting
9reasonably and in good faith in the care of a minor being
10provided interim crisis intervention services and shelter care
11shall be immune from any civil or criminal liability resulting
12from such care.
13(Source: P.A. 103-22, eff. 8-8-23; 103-546, eff. 8-11-23;
14revised 8-30-23.)
 
15    (705 ILCS 405/3-6)  (from Ch. 37, par. 803-6)
16    Sec. 3-6. Alternative voluntary residential placement.
17    (a) A minor and the minor's parent, guardian or custodian
18may agree to an arrangement for alternative voluntary
19residential placement, in compliance with the "Child Care Act
20of 1969", without court order. Such placement may continue as
21long as there is agreement.
22    (b) If the minor and the minor's parent, guardian or
23custodian cannot agree to an arrangement for alternative
24voluntary residential placement in the first instance, or
25cannot agree to the continuation of such placement, and the

 

 

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1minor refuses to return home, the minor or the minor's parent,
2guardian or custodian, or a person properly acting at the
3minor's request, may file with the court a petition alleging
4that the minor requires authoritative intervention as
5described in Section 3-3.
6(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)
 
7    (705 ILCS 405/3-16)  (from Ch. 37, par. 803-16)
8    Sec. 3-16. Date for adjudicatory hearing.
9    (a) (Blank).
10    (b)(1)(A) When a petition has been filed alleging that the
11minor requires authoritative intervention, an adjudicatory
12hearing shall be held within 120 days of a demand made by any
13party, except that when the court determines that the State,
14without success, has exercised due diligence to obtain
15evidence material to the case and that there are reasonable
16grounds to believe that such evidence may be obtained at a
17later date, the court may, upon motion by the State, continue
18the adjudicatory hearing for not more than 30 additional days.
19    The 120-day 120 day period in which an adjudicatory
20hearing shall be held is tolled by: (i) delay occasioned by the
21minor; or (ii) a continuance allowed pursuant to Section 114-4
22of the Code of Criminal Procedure of 1963 after a court's
23determination of the minor's physical incapacity for trial; or
24(iii) an interlocutory appeal. Any such delay shall
25temporarily suspend, for the time of the delay, the period

 

 

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1within which the adjudicatory hearing must be held. On the day
2of expiration of the delay, the said period shall continue at
3the point at which it was suspended.
4    (B) When no such adjudicatory hearing is held within the
5time required by paragraph (b)(1)(A) of this Section, the
6court shall, upon motion by any party, dismiss the petition
7with prejudice.
8    (2) Without affecting the applicability of the tolling and
9multiple prosecution provisions of paragraph (b)(1) of this
10Section, when a petition has been filed alleging that the
11minor requires authoritative intervention and the minor is in
12shelter care, the adjudicatory hearing shall be held within 10
13judicial days after the date of the order directing shelter
14care, or the earliest possible date in compliance with the
15notice provisions of Sections 3-17 and 3-18 as to the
16custodial parent, guardian, or legal custodian, but no later
17than 30 judicial days from the date of the order of the court
18directing shelter care.
19    (3) Any failure to comply with the time limits of
20paragraph (b)(2) of this Section shall require the immediate
21release of the minor from shelter care, and the time limits of
22paragraph (b)(1) shall apply.
23    (4) Nothing in this Section prevents the minor or the
24minor's parents or guardian from exercising their respective
25rights to waive the time limits set forth in this Section.
26(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)
 

 

 

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1    (705 ILCS 405/3-17)  (from Ch. 37, par. 803-17)
2    Sec. 3-17. Summons.
3    (1) When a petition is filed, the clerk of the court shall
4issue a summons with a copy of the petition attached. The
5summons shall be directed to the minor's legal guardian or
6custodian and to each person named as a respondent in the
7petition, except that summons need not be directed to a minor
8respondent under 8 years of age for whom the court appoints a
9guardian ad litem if the guardian ad litem appears on behalf of
10the minor in any proceeding under this Act.
11    (2) The summons must contain a statement that the minor or
12any of the respondents is entitled to have an attorney present
13at the hearing on the petition, and that the clerk of the court
14should be notified promptly if the minor or any other
15respondent desires to be represented by an attorney but is
16financially unable to employ counsel.
17    (3) The summons shall be issued under the seal of the
18court, attested to and signed with the name of the clerk of the
19court, dated on the day it is issued, and shall require each
20respondent to appear and answer the petition on the date set
21for the adjudicatory hearing.
22    (4) The summons may be served by any county sheriff,
23coroner, or probation officer, even though the officer is the
24petitioner. The return of the summons with endorsement of
25service by the officer is sufficient proof thereof.

 

 

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1    (5) Service of a summons and petition shall be made by: (a)
2leaving a copy thereof with the person summoned at least 3 days
3before the time stated therein for appearance; (b) leaving a
4copy at the summoned person's usual place of abode with some
5person of the family, of the age of 10 years or upwards, and
6informing that person of the contents thereof, provided the
7officer or other person making service shall also send a copy
8of the summons in a sealed envelope with postage fully
9prepaid, addressed to the person summoned at the person's
10usual place of abode, at least 3 days before the time stated
11therein for appearance; or (c) leaving a copy thereof with the
12guardian or custodian of a minor, at least 3 days before the
13time stated therein for appearance. If the guardian or
14custodian is an agency of the State of Illinois, proper
15service may be made by leaving a copy of the summons and
16petition with any administrative employee of such agency
17designated by such agency to accept service of summons and
18petitions. The certificate of the officer or affidavit of the
19person that the officer or person has sent the copy pursuant to
20this Section is sufficient proof of service.
21    (6) When a parent or other person, who has signed a written
22promise to appear and bring the minor to court or who has
23waived or acknowledged service, fails to appear with the minor
24on the date set by the court, a bench warrant may be issued for
25the parent or other person, the minor, or both.
26    (7) The appearance of the minor's legal guardian or

 

 

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1custodian, or a person named as a respondent in a petition, in
2any proceeding under this Act shall constitute a waiver of
3service of summons and submission to the jurisdiction of the
4court. A copy of the summons and petition shall be provided to
5the person at the time of the person's appearance.
6    (8) Fines or assessments, such as fees or administrative
7costs, in the service of process shall not be ordered or
8imposed on a minor or a minor's parent, guardian, or legal
9custodian.
10(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;
11revised 9-7-23.)
 
12    (705 ILCS 405/3-19)  (from Ch. 37, par. 803-19)
13    Sec. 3-19. Guardian ad litem.
14    (1) Immediately upon the filing of a petition alleging
15that the minor requires authoritative intervention, the court
16may appoint a guardian ad litem for the minor if:
17        (a) such petition alleges that the minor is the victim
18    of sexual abuse or misconduct; or
19        (b) such petition alleges that charges alleging the
20    commission of any of the sex offenses defined in Article
21    11 or in Section Sections 11-1.20, 11-1.30, 11-1.40,
22    11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16
23    of the Criminal Code of 1961 or the Criminal Code of 2012,
24    have been filed against a defendant in any court and that
25    such minor is the alleged victim of the acts of the

 

 

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1    defendant in the commission of such offense.
2    (2) Unless the guardian ad litem appointed pursuant to
3paragraph (1) is an attorney at law, the guardian ad litem
4shall be represented in the performance of the guardian ad
5litem's duties by counsel.
6    (3) Before proceeding with the hearing, the court shall
7appoint a guardian ad litem for the minor if:
8        (a) no parent, guardian, custodian, or relative of the
9    minor appears at the first or any subsequent hearing of
10    the case;
11        (b) the petition prays for the appointment of a
12    guardian with power to consent to adoption; or
13        (c) the petition for which the minor is before the
14    court resulted from a report made pursuant to the Abused
15    and Neglected Child Reporting Act.
16    (4) The court may appoint a guardian ad litem for the minor
17whenever it finds that there may be a conflict of interest
18between the minor and the minor's parents or other custodian
19or that it is otherwise in the minor's interest to do so.
20    (5) The reasonable fees of a guardian ad litem appointed
21under this Section shall be fixed by the court and paid from
22the general fund of the county.
23(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;
24revised 8-30-23.)
 
25    (705 ILCS 405/3-21)  (from Ch. 37, par. 803-21)

 

 

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1    Sec. 3-21. Continuance under supervision.
2    (1) The court may enter an order of continuance under
3supervision (a) upon an admission or stipulation by the
4appropriate respondent or minor respondent of the facts
5supporting the petition and before proceeding to findings and
6adjudication, or after hearing the evidence at the
7adjudicatory hearing but before noting in the minutes of
8proceedings a finding of whether or not the minor is a person
9requiring authoritative intervention; and (b) in the absence
10of objection made in open court by the minor, the minor's
11parent, guardian, custodian, responsible relative, or defense
12attorney, or the State's Attorney.
13    (2) If the minor, the minor's parent, guardian, custodian,
14responsible relative, or defense attorney, or State's
15Attorney, objects in open court to any such continuance and
16insists upon proceeding to findings and adjudication, the
17court shall so proceed.
18    (3) Nothing in this Section limits the power of the court
19to order a continuance of the hearing for the production of
20additional evidence or for any other proper reason.
21    (4) When a hearing where a minor is alleged to be a minor
22requiring authoritative intervention is continued pursuant to
23this Section, the court may permit the minor to remain in the
24minor's home subject to such conditions concerning the minor's
25conduct and supervision as the court may require by order.
26    (5) If a petition is filed charging a violation of a

 

 

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1condition of the continuance under supervision, the court
2shall conduct a hearing. If the court finds that such
3condition of supervision has not been fulfilled the court may
4proceed to findings and adjudication and disposition. The
5filing of a petition for violation of a condition of the
6continuance under supervision shall toll the period of
7continuance under supervision until the final determination of
8the charge, and the term of the continuance under supervision
9shall not run until the hearing and disposition of the
10petition for violation; provided where the petition alleges
11conduct that does not constitute a criminal offense, the
12hearing must be held within 15 days of the filing of the
13petition unless a delay in such hearing has been occasioned by
14the minor, in which case the delay shall continue the tolling
15of the period of continuance under supervision for the period
16of such delay.
17    (6) (Blank).
18(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;
19revised 9-25-23.)
 
20    (705 ILCS 405/3-24)  (from Ch. 37, par. 803-24)
21    Sec. 3-24. Kinds of dispositional orders.
22    (1) The following kinds of orders of disposition may be
23made in respect to wards of the court: A minor found to be
24requiring authoritative intervention under Section 3-3 may be
25(a) committed to the Department of Children and Family

 

 

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1Services, subject to Section 5 of the Children and Family
2Services Act; (b) placed under supervision and released to the
3minor's parents, guardian, or legal custodian; (c) placed in
4accordance with Section 3-28 with or without also being placed
5under supervision. Conditions of supervision may be modified
6or terminated by the court if it deems that the best interests
7of the minor and the public will be served thereby; (d) ordered
8partially or completely emancipated in accordance with the
9provisions of the Emancipation of Minors Act; or (e) subject
10to having the minor's driver's license or driving privilege
11suspended for such time as determined by the Court but only
12until the minor attains 18 years of age.
13    (2) Any order of disposition may provide for protective
14supervision under Section 3-25 and may include an order of
15protection under Section 3-26.
16    (3) Unless the order of disposition expressly so provides,
17it does not operate to close proceedings on the pending
18petition, but is subject to modification until final closing
19and discharge of the proceedings under Section 3-32.
20    (4) In addition to any other order of disposition, the
21court may order any person found to be a minor requiring
22authoritative intervention under Section 3-3 to make
23restitution, in monetary or non-monetary form, under the terms
24and conditions of Section 5-5-6 of the Unified Code of
25Corrections, except that the "presentence hearing" referred to
26therein shall be the dispositional hearing for purposes of

 

 

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1this Section. The parent, guardian, or legal custodian of the
2minor may pay some or all of such restitution on the minor's
3behalf.
4    (5) Any order for disposition where the minor is committed
5or placed in accordance with Section 3-28 shall provide for
6the parents or guardian of the estate of such minor to pay to
7the legal custodian or guardian of the person of the minor such
8sums as are determined by the custodian or guardian of the
9person of the minor as necessary for the minor's needs. Such
10payments may not exceed the maximum amounts provided for by
11Section 9.1 of the Children and Family Services Act.
12    (6) Whenever the order of disposition requires the minor
13to attend school or participate in a program of training, the
14truant officer or designated school official shall regularly
15report to the court if the minor is a chronic or habitual
16truant under Section 26-2a of the School Code.
17    (7) (Blank).
18(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;
19revised 9-20-23.)
 
20    (705 ILCS 405/3-33.5)
21    Sec. 3-33.5. Truant minors in need of supervision.
22    (a) Definition. A minor who is reported by the office of
23the regional superintendent of schools as a chronic truant may
24be subject to a petition for adjudication and adjudged a
25truant minor in need of supervision, provided that prior to

 

 

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1the filing of the petition, the office of the regional
2superintendent of schools or a community truancy review board
3certifies that the local school has provided appropriate
4truancy intervention services to the truant minor and the
5minor's family. For purposes of this Section, "truancy
6intervention services" means services designed to assist the
7minor's return to an educational program, and includes, but is
8not limited to: assessments, counseling, mental health
9services, shelter, optional and alternative education
10programs, tutoring, and educational advocacy. If, after review
11by the regional office of education or community truancy
12review board, it is determined the local school did not
13provide the appropriate interventions, then the minor shall be
14referred to a comprehensive community based youth service
15agency for truancy intervention services. If the comprehensive
16community based youth service agency is incapable to provide
17intervention services, then this requirement for services is
18not applicable. The comprehensive community based youth
19service agency shall submit reports to the office of the
20regional superintendent of schools or truancy review board
21within 20, 40, and 80 school days of the initial referral or at
22any other time requested by the office of the regional
23superintendent of schools or truancy review board, which
24reports each shall certify the date of the minor's referral
25and the extent of the minor's progress and participation in
26truancy intervention services provided by the comprehensive

 

 

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1community based youth service agency. In addition, if, after
2referral by the office of the regional superintendent of
3schools or community truancy review board, the minor declines
4or refuses to fully participate in truancy intervention
5services provided by the comprehensive community based youth
6service agency, then the agency shall immediately certify such
7facts to the office of the regional superintendent of schools
8or community truancy review board.
9    (a-1) There is a rebuttable presumption that a chronic
10truant is a truant minor in need of supervision.
11    (a-2) There is a rebuttable presumption that school
12records of a minor's attendance at school are authentic.
13    (a-3) For purposes of this Section, "chronic truant" has
14the meaning ascribed to it in Section 26-2a of the School Code.
15    (a-4) For purposes of this Section, a "community truancy
16review board" is a local community based board comprised of,
17but not limited to: representatives from local comprehensive
18community based youth service agencies, representatives from
19court service agencies, representatives from local schools,
20representatives from health service agencies, and
21representatives from local professional and community
22organizations as deemed appropriate by the office of the
23regional superintendent of schools. The regional
24superintendent of schools must approve the establishment and
25organization of a community truancy review board, and the
26regional superintendent of schools or the regional

 

 

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1superintendent's designee shall chair the board.
2    (a-5) Nothing in this Section shall be construed to create
3a private cause of action or right of recovery against a
4regional office of education, its superintendent, or its staff
5with respect to truancy intervention services where the
6determination to provide the services is made in good faith.
7    (b) Kinds of dispositional orders. A minor found to be a
8truant minor in need of supervision may be:
9        (1) committed to the appropriate regional
10    superintendent of schools for a student assistance team
11    staffing, a service plan, or referral to a comprehensive
12    community based youth service agency;
13        (2) required to comply with a service plan as
14    specifically provided by the appropriate regional
15    superintendent of schools;
16        (3) ordered to obtain counseling or other supportive
17    services;
18        (4) (blank);
19        (5) required to perform some reasonable public service
20    work that does not interfere with school hours,
21    school-related activities, or work commitments of the
22    minor or the minor's parent, guardian, or legal custodian;
23    or
24        (6) (blank).
25    A dispositional order may include public service only if
26the court has made an express written finding that a truancy

 

 

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1prevention program has been offered by the school, regional
2superintendent of schools, or a comprehensive community based
3youth service agency to the truant minor in need of
4supervision.
5    (c) Orders entered under this Section may be enforced by
6contempt proceedings. Fines or assessments, such as fees or
7administrative costs, shall not be ordered or imposed in
8contempt proceedings under this Section.
9(Source: P.A. 102-456, eff. 1-1-22; 103-22, eff. 8-8-23;
10103-379, eff. 7-28-23; revised 9-20-23.)
 
11    (705 ILCS 405/4-8)  (from Ch. 37, par. 804-8)
12    Sec. 4-8. Setting of shelter care hearing.
13    (1) Unless sooner released, a minor alleged to be addicted
14taken into temporary protective custody must be brought before
15a judicial officer within 48 hours, exclusive of Saturdays,
16Sundays, and holidays, for a shelter care hearing to determine
17whether the minor shall be further held in custody.
18    (2) If the probation officer or such other public officer
19designated by the court determines that the minor should be
20retained in custody, the probation officer or such other
21public officer designated by the court shall cause a petition
22to be filed as provided in Section 4-12 of this Act, and the
23clerk of the court shall set the matter for hearing on the
24shelter care hearing calendar. When a parent, guardian,
25custodian, or responsible relative is present and so requests,

 

 

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1the shelter care hearing shall be held immediately if the
2court is in session, otherwise at the earliest feasible time.
3The probation officer or such other public officer designated
4by the court shall notify the minor's parent, guardian,
5custodian, or responsible relative of the time and place of
6the hearing. The notice may be given orally.
7    (3) The minor must be released from custody at the
8expiration of the 48-hour 48 hour period, as the case may be,
9specified by this Section, if not brought before a judicial
10officer within that period.
11(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)
 
12    (705 ILCS 405/4-9)  (from Ch. 37, par. 804-9)
13    Sec. 4-9. Shelter care hearing. At the appearance of the
14minor before the court at the shelter care hearing, all
15witnesses present shall be examined before the court in
16relation to any matter connected with the allegations made in
17the petition.
18    (1) If the court finds that there is not probable cause to
19believe that the minor is addicted, it shall release the minor
20and dismiss the petition.
21    (2) If the court finds that there is probable cause to
22believe that the minor is addicted, the minor, the minor's
23parent, guardian, or custodian, and other persons able to give
24relevant testimony shall be examined before the court. After
25such testimony, the court may enter an order that the minor

 

 

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1shall be released upon the request of a parent, guardian, or
2custodian if the parent, guardian, or custodian appears to
3take custody and agrees to abide by a court order which
4requires the minor and the minor's parent, guardian, or legal
5custodian to complete an evaluation by an entity licensed by
6the Department of Human Services, as the successor to the
7Department of Alcoholism and Substance Abuse, and complete any
8treatment recommendations indicated by the assessment.
9"Custodian" includes the Department of Children and Family
10Services, if it has been given custody of the child, or any
11other agency of the State which has been given custody or
12wardship of the child.
13    The court Court shall require documentation by
14representatives of the Department of Children and Family
15Services or the probation department as to the reasonable
16efforts that were made to prevent or eliminate the necessity
17of removal of the minor from the minor's home, and shall
18consider the testimony of any person as to those reasonable
19efforts. If the court finds that it is a matter of immediate
20and urgent necessity for the protection of the minor or of the
21person or property of another that the minor be placed in a
22shelter care facility or that the minor is likely to flee the
23jurisdiction of the court, and, further, finds that reasonable
24efforts have been made or good cause has been shown why
25reasonable efforts cannot prevent or eliminate the necessity
26of removal of the minor from the minor's home, the court may

 

 

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1prescribe shelter care and order that the minor be kept in a
2suitable place designated by the court, or in a shelter care
3facility designated by the Department of Children and Family
4Services or a licensed child welfare agency, or in a facility
5or program licensed by the Department of Human Services for
6shelter and treatment services; otherwise, it shall release
7the minor from custody. If the court prescribes shelter care,
8then in placing the minor, the Department or other agency
9shall, to the extent compatible with the court's order, comply
10with Section 7 of the Children and Family Services Act. If the
11minor is ordered placed in a shelter care facility of the
12Department of Children and Family Services or a licensed child
13welfare agency, or in a facility or program licensed by the
14Department of Human Services for shelter and treatment
15services, the court shall, upon request of the appropriate
16Department or other agency, appoint the Department of Children
17and Family Services Guardianship Administrator or other
18appropriate agency executive temporary custodian of the minor
19and the court may enter such other orders related to the
20temporary custody as it deems fit and proper, including the
21provision of services to the minor or the minor's family to
22ameliorate the causes contributing to the finding of probable
23cause or to the finding of the existence of immediate and
24urgent necessity. Acceptance of services shall not be
25considered an admission of any allegation in a petition made
26pursuant to this Act, nor may a referral of services be

 

 

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1considered as evidence in any proceeding pursuant to this Act,
2except where the issue is whether the Department has made
3reasonable efforts to reunite the family. In making its
4findings that reasonable efforts have been made or that good
5cause has been shown why reasonable efforts cannot prevent or
6eliminate the necessity of removal of the minor from the
7minor's home, the court shall state in writing its findings
8concerning the nature of the services that were offered or the
9efforts that were made to prevent removal of the child and the
10apparent reasons that such services or efforts could not
11prevent the need for removal. The parents, guardian,
12custodian, temporary custodian, and minor shall each be
13furnished a copy of such written findings. The temporary
14custodian shall maintain a copy of the court order and written
15findings in the case record for the child. The order, together
16with the court's findings of fact in support thereof, shall be
17entered of record in the court.
18    Once the court finds that it is a matter of immediate and
19urgent necessity for the protection of the minor that the
20minor be placed in a shelter care facility, the minor shall not
21be returned to the parent, custodian, or guardian until the
22court finds that such placement is no longer necessary for the
23protection of the minor.
24    (3) If neither the parent, guardian, legal custodian,
25responsible relative nor counsel of the minor has had actual
26notice of or is present at the shelter care hearing, the

 

 

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1parent, guardian, legal custodian, responsible relative, or
2counsel of the minor may file an affidavit setting forth these
3facts, and the clerk shall set the matter for rehearing not
4later than 24 hours, excluding Sundays and legal holidays,
5after the filing of the affidavit. At the rehearing, the court
6shall proceed in the same manner as upon the original hearing.
7    (4) If the minor is not brought before a judicial officer
8within the time period as specified in Section 4-8, the minor
9must immediately be released from custody.
10    (5) Only when there is reasonable cause to believe that
11the minor taken into custody is a person described in
12subsection (3) of Section 5-105 may the minor be kept or
13detained in a detention home or county or municipal jail. This
14Section shall in no way be construed to limit subsection (6).
15    (6) No minor under 16 years of age may be confined in a
16jail or place ordinarily used for the confinement of prisoners
17in a police station. Minors under 18 years of age must be kept
18separate from confined adults and may not at any time be kept
19in the same cell, room, or yard with adults confined pursuant
20to the criminal law.
21    (7) If neither the parent, guardian, or custodian appears
22within 24 hours to take custody of a minor released upon
23request pursuant to subsection (2) of this Section, then the
24clerk of the court shall set the matter for rehearing not later
25than 7 days after the original order and shall issue a summons
26directed to the parent, guardian, or custodian to appear. At

 

 

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1the same time the probation department shall prepare a report
2on the minor. If a parent, guardian, or custodian does not
3appear at such rehearing, the judge may enter an order
4prescribing that the minor be kept in a suitable place
5designated by the Department of Children and Family Services
6or a licensed child welfare agency.
7    (8) Any interested party, including the State, the
8temporary custodian, an agency providing services to the minor
9or family under a service plan pursuant to Section 8.2 of the
10Abused and Neglected Child Reporting Act, foster parent, or
11any of their representatives, may file a motion to modify or
12vacate a temporary custody order on any of the following
13grounds:
14        (a) It is no longer a matter of immediate and urgent
15    necessity that the minor remain in shelter care; or
16        (b) There is a material change in the circumstances of
17    the natural family from which the minor was removed; or
18        (c) A person, including a parent, relative, or legal
19    guardian, is capable of assuming temporary custody of the
20    minor; or
21        (d) Services provided by the Department of Children
22    and Family Services or a child welfare agency or other
23    service provider have been successful in eliminating the
24    need for temporary custody.
25    The clerk shall set the matter for hearing not later than
2614 days after such motion is filed. In the event that the court

 

 

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1modifies or vacates a temporary custody order but does not
2vacate its finding of probable cause, the court may order that
3appropriate services be continued or initiated in behalf of
4the minor and the minor's family.
5    (9) The changes made to this Section by Public Act 98-61
6apply to a minor who has been arrested or taken into custody on
7or after January 1, 2014 (the effective date of Public Act
898-61).
9(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)
 
10    (705 ILCS 405/4-14)  (from Ch. 37, par. 804-14)
11    Sec. 4-14. Summons.
12    (1) When a petition is filed, the clerk of the court shall
13issue a summons with a copy of the petition attached. The
14summons shall be directed to the minor's legal guardian or
15custodian and to each person named as a respondent in the
16petition, except that summons need not be directed to a minor
17respondent under 8 years of age for whom the court appoints a
18guardian ad litem if the guardian ad litem appears on behalf of
19the minor in any proceeding under this Act.
20    (2) The summons must contain a statement that the minor or
21any of the respondents is entitled to have an attorney present
22at the hearing on the petition, and that the clerk of the court
23should be notified promptly if the minor or any other
24respondent desires to be represented by an attorney but is
25financially unable to employ counsel.

 

 

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1    (3) The summons shall be issued under the seal of the
2court, attested to and signed with the name of the clerk of the
3court, dated on the day it is issued, and shall require each
4respondent to appear and answer the petition on the date set
5for the adjudicatory hearing.
6    (4) The summons may be served by any county sheriff,
7coroner, or probation officer, even though the officer is the
8petitioner. The return of the summons with endorsement of
9service by the officer is sufficient proof thereof.
10    (5) Service of a summons and petition shall be made by:
11        (a) leaving a copy thereof with the person summoned at
12    least 3 days before the time stated therein for
13    appearance;
14        (b) leaving a copy at the summoned person's usual
15    place of abode with some person of the family, of the age
16    of 10 years or upwards, and informing that person of the
17    contents thereof, provided that the officer or other
18    person making service shall also send a copy of the
19    summons in a sealed envelope with postage fully prepaid,
20    addressed to the person summoned at the person's usual
21    place of abode, at least 3 days before the time stated
22    therein for appearance; or
23        (c) leaving a copy thereof with the guardian or
24    custodian of a minor, at least 3 days before the time
25    stated therein for appearance.
26    If the guardian or custodian is an agency of the State of

 

 

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1Illinois, proper service may be made by leaving a copy of the
2summons and petition with any administrative employee of such
3agency designated by such agency to accept service of summons
4and petitions. The certificate of the officer or affidavit of
5the person that the officer or person has sent the copy
6pursuant to this Section is sufficient proof of service.
7    (6) When a parent or other person, who has signed a written
8promise to appear and bring the minor to court or who has
9waived or acknowledged service, fails to appear with the minor
10on the date set by the court, a bench warrant may be issued for
11the parent or other person, the minor, or both.
12    (7) The appearance of the minor's legal guardian or
13custodian, or a person named as a respondent in a petition, in
14any proceeding under this Act shall constitute a waiver of
15service of summons and submission to the jurisdiction of the
16court. A copy of the summons and petition shall be provided to
17the person at the time of the person's appearance.
18    (8) Fines or assessments, such as fees or administrative
19costs, in the service of process shall not be ordered or
20imposed on a minor or a minor's parent, guardian, or legal
21custodian.
22(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;
23revised 9-25-23.)
 
24    (705 ILCS 405/4-16)  (from Ch. 37, par. 804-16)
25    Sec. 4-16. Guardian ad litem.

 

 

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1    (1) Immediately upon the filing of a petition alleging
2that the minor is a person described in Section 4-3 of this
3Act, the court may appoint a guardian ad litem for the minor
4if:
5        (a) such petition alleges that the minor is the victim
6    of sexual abuse or misconduct; or
7        (b) such petition alleges that charges alleging the
8    commission of any of the sex offenses defined in Article
9    11 or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50,
10    11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the
11    Criminal Code of 1961 or the Criminal Code of 2012, have
12    been filed against a defendant in any court and that such
13    minor is the alleged victim of the acts of the defendant in
14    the commission of such offense.
15    Unless the guardian ad litem appointed pursuant to this
16paragraph (1) is an attorney at law, the guardian ad litem
17shall be represented in the performance of the guardian ad
18litem's duties by counsel.
19    (2) Before proceeding with the hearing, the court shall
20appoint a guardian ad litem for the minor if:
21        (a) no parent, guardian, custodian, or relative of the
22    minor appears at the first or any subsequent hearing of
23    the case;
24        (b) the petition prays for the appointment of a
25    guardian with power to consent to adoption; or
26        (c) the petition for which the minor is before the

 

 

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1    court resulted from a report made pursuant to the Abused
2    and Neglected Child Reporting Act.
3    (3) The court may appoint a guardian ad litem for the minor
4whenever it finds that there may be a conflict of interest
5between the minor and the minor's parents or other custodian
6or that it is otherwise in the minor's interest to do so.
7    (4) Unless the guardian ad litem is an attorney, the
8guardian ad litem shall be represented by counsel.
9    (5) The reasonable fees of a guardian ad litem appointed
10under this Section shall be fixed by the court and paid from
11the general fund of the county.
12(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;
13revised 9-20-23.)
 
14    (705 ILCS 405/4-18)  (from Ch. 37, par. 804-18)
15    Sec. 4-18. Continuance under supervision.
16    (1) The court may enter an order of continuance under
17supervision (a) upon an admission or stipulation by the
18appropriate respondent or minor respondent of the facts
19supporting the petition and before proceeding to findings and
20adjudication, or after hearing the evidence at the
21adjudicatory hearing but before noting in the minutes of the
22proceeding a finding of whether or not the minor is an addict,
23and (b) in the absence of objection made in open court by the
24minor, the minor's parent, guardian, custodian, responsible
25relative, or defense attorney, or the State's Attorney.

 

 

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1    (2) If the minor, the minor's parent, guardian, custodian,
2responsible relative, or defense attorney, or the State's
3Attorney, objects in open court to any such continuance and
4insists upon proceeding to findings and adjudication, the
5court shall so proceed.
6    (3) Nothing in this Section limits the power of the court
7to order a continuance of the hearing for the production of
8additional evidence or for any other proper reason.
9    (4) When a hearing is continued pursuant to this Section,
10the court may permit the minor to remain in the minor's home
11subject to such conditions concerning the minor's conduct and
12supervision as the court may require by order.
13    (5) If a petition is filed charging a violation of a
14condition of the continuance under supervision, the court
15shall conduct a hearing. If the court finds that such
16condition of supervision has not been fulfilled the court may
17proceed to findings and adjudication and disposition. The
18filing of a petition for violation of a condition of the
19continuance under supervision shall toll the period of
20continuance under supervision until the final determination of
21the charge, and the term of the continuance under supervision
22shall not run until the hearing and disposition of the
23petition for violation; provided where the petition alleges
24conduct that does not constitute a criminal offense, the
25hearing must be held within 15 days of the filing of the
26petition unless a delay in such hearing has been occasioned by

 

 

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1the minor, in which case the delay shall continue the tolling
2of the period of continuance under supervision for the period
3of such delay.
4    (6) (Blank).
5(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;
6revised 9-6-23.)
 
7    (705 ILCS 405/4-21)  (from Ch. 37, par. 804-21)
8    Sec. 4-21. Kinds of dispositional orders.
9    (1) A minor found to be addicted under Section 4-3 may be
10(a) committed to the Department of Children and Family
11Services, subject to Section 5 of the Children and Family
12Services Act; (b) placed under supervision and released to the
13minor's parents, guardian, or legal custodian; (c) placed in
14accordance with Section 4-25 with or without also being placed
15under supervision. Conditions of supervision may be modified
16or terminated by the court if it deems that the best interests
17of the minor and the public will be served thereby; (d)
18required to attend an approved alcohol or drug abuse treatment
19or counseling program on an inpatient or outpatient basis
20instead of or in addition to the disposition otherwise
21provided for in this paragraph; (e) ordered partially or
22completely emancipated in accordance with the provisions of
23the Emancipation of Minors Act; or (f) subject to having the
24minor's driver's license or driving privilege suspended for
25such time as determined by the Court but only until the minor

 

 

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1attains 18 years of age. No disposition under this subsection
2shall provide for the minor's placement in a secure facility.
3    (2) Any order of disposition may provide for protective
4supervision under Section 4-22 and may include an order of
5protection under Section 4-23.
6    (3) Unless the order of disposition expressly so provides,
7it does not operate to close proceedings on the pending
8petition, but is subject to modification until final closing
9and discharge of the proceedings under Section 4-29.
10    (4) In addition to any other order of disposition, the
11court may order any minor found to be addicted under this
12Article as neglected with respect to the minor's injurious
13behavior, to make restitution, in monetary or non-monetary
14form, under the terms and conditions of Section 5-5-6 of the
15Unified Code of Corrections, except that the "presentence
16hearing" referred to therein shall be the dispositional
17hearing for purposes of this Section. The parent, guardian, or
18legal custodian of the minor may pay some or all of such
19restitution on the minor's behalf.
20    (5) Any order for disposition where the minor is placed in
21accordance with Section 4-25 shall provide for the parents or
22guardian of the estate of such minor to pay to the legal
23custodian or guardian of the person of the minor such sums as
24are determined by the custodian or guardian of the person of
25the minor as necessary for the minor's needs. Such payments
26may not exceed the maximum amounts provided for by Section 9.1

 

 

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1of the Children and Family Services Act.
2    (6) Whenever the order of disposition requires the minor
3to attend school or participate in a program of training, the
4truant officer or designated school official shall regularly
5report to the court if the minor is a chronic or habitual
6truant under Section 26-2a of the School Code.
7    (7) (Blank).
8(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;
9revised 9-25-23.)
 
10    (705 ILCS 405/5-105)
11    Sec. 5-105. Definitions. As used in this Article:
12        (1) "Aftercare release" means the conditional and
13    revocable release of an adjudicated delinquent juvenile
14    committed to the Department of Juvenile Justice under the
15    supervision of the Department of Juvenile Justice.
16        (1.5) "Court" means the circuit court in a session or
17    division assigned to hear proceedings under this Act, and
18    includes the term Juvenile Court.
19        (2) "Community service" means uncompensated labor for
20    a community service agency as hereinafter defined.
21        (2.5) "Community service agency" means a
22    not-for-profit organization, community organization,
23    church, charitable organization, individual, public
24    office, or other public body whose purpose is to enhance
25    the physical or mental health of a delinquent minor or to

 

 

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1    rehabilitate the minor, or to improve the environmental
2    quality or social welfare of the community which agrees to
3    accept community service from juvenile delinquents and to
4    report on the progress of the community service to the
5    State's Attorney pursuant to an agreement or to the court
6    or to any agency designated by the court or to the
7    authorized diversion program that has referred the
8    delinquent minor for community service.
9        (3) "Delinquent minor" means any minor who prior to
10    the minor's 18th birthday has violated or attempted to
11    violate an Illinois State, county, or municipal law or
12    ordinance.
13        (4) "Department" means the Department of Human
14    Services unless specifically referenced as another
15    department.
16        (5) "Detention" means the temporary care of a minor
17    who is alleged to be or has been adjudicated delinquent
18    and who requires secure custody for the minor's own
19    protection or the community's protection in a facility
20    designed to physically restrict the minor's movements,
21    pending disposition by the court or execution of an order
22    of the court for placement or commitment. Design features
23    that physically restrict movement include, but are not
24    limited to, locked rooms and the secure handcuffing of a
25    minor to a rail or other stationary object. In addition,
26    "detention" includes the court ordered care of an alleged

 

 

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1    or adjudicated delinquent minor who requires secure
2    custody pursuant to Section 5-125 of this Act.
3        (6) "Diversion" means the referral of a juvenile,
4    without court intervention, into a program that provides
5    services designed to educate the juvenile and develop a
6    productive and responsible approach to living in the
7    community.
8        (7) "Juvenile detention home" means a public facility
9    with specially trained staff that conforms to the county
10    juvenile detention standards adopted by the Department of
11    Juvenile Justice.
12        (8) "Juvenile justice continuum" means a set of
13    delinquency prevention programs and services designed for
14    the purpose of preventing or reducing delinquent acts,
15    including criminal activity by youth gangs, as well as
16    intervention, rehabilitation, and prevention services
17    targeted at minors who have committed delinquent acts, and
18    minors who have previously been committed to residential
19    treatment programs for delinquents. The term includes
20    children-in-need-of-services and
21    families-in-need-of-services programs; aftercare and
22    reentry services; substance abuse and mental health
23    programs; community service programs; community service
24    work programs; and alternative-dispute resolution programs
25    serving youth-at-risk of delinquency and their families,
26    whether offered or delivered by State or local

 

 

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1    governmental entities, public or private for-profit or
2    not-for-profit organizations, or religious or charitable
3    organizations. This term would also encompass any program
4    or service consistent with the purpose of those programs
5    and services enumerated in this subsection.
6        (9) "Juvenile police officer" means a sworn police
7    officer who has completed a Basic Recruit Training Course,
8    has been assigned to the position of juvenile police
9    officer by the officer's chief law enforcement officer and
10    has completed the necessary juvenile officers training as
11    prescribed by the Illinois Law Enforcement Training
12    Standards Board, or in the case of a State police officer,
13    juvenile officer training approved by the Director of the
14    Illinois State Police.
15        (10) "Minor" means a person under the age of 21 years
16    subject to this Act.
17        (11) "Non-secure custody" means confinement where the
18    minor is not physically restricted by being placed in a
19    locked cell or room, by being handcuffed to a rail or other
20    stationary object, or by other means. "Non-secure custody"
21    may include, but is not limited to, electronic monitoring,
22    foster home placement, home confinement, group home
23    placement, or physical restriction of movement or activity
24    solely through facility staff.
25        (12) "Public or community service" means uncompensated
26    labor for a not-for-profit organization or public body

 

 

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1    whose purpose is to enhance physical or mental stability
2    of the offender, environmental quality or the social
3    welfare and which agrees to accept public or community
4    service from offenders and to report on the progress of
5    the offender and the public or community service to the
6    court or to the authorized diversion program that has
7    referred the offender for public or community service.
8    "Public or community service" does not include blood
9    donation or assignment to labor at a blood bank. For the
10    purposes of this Act, "blood bank" has the meaning
11    ascribed to the term in Section 2-124 of the Illinois
12    Clinical Laboratory and Blood Bank Act.
13        (13) "Sentencing hearing" means a hearing to determine
14    whether a minor should be adjudged a ward of the court, and
15    to determine what sentence should be imposed on the minor.
16    It is the intent of the General Assembly that the term
17    "sentencing hearing" replace the term "dispositional
18    hearing" and be synonymous with that definition as it was
19    used in the Juvenile Court Act of 1987.
20        (14) "Shelter" means the temporary care of a minor in
21    physically unrestricting facilities pending court
22    disposition or execution of court order for placement.
23        (15) "Site" means a not-for-profit organization,
24    public body, church, charitable organization, or
25    individual agreeing to accept community service from
26    offenders and to report on the progress of ordered or

 

 

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1    required public or community service to the court or to
2    the authorized diversion program that has referred the
3    offender for public or community service.
4        (16) "Station adjustment" means the informal or formal
5    handling of an alleged offender by a juvenile police
6    officer.
7        (17) "Trial" means a hearing to determine whether the
8    allegations of a petition under Section 5-520 that a minor
9    is delinquent are proved beyond a reasonable doubt. It is
10    the intent of the General Assembly that the term "trial"
11    replace the term "adjudicatory hearing" and be synonymous
12    with that definition as it was used in the Juvenile Court
13    Act of 1987.
14    The changes made to this Section by Public Act 98-61 apply
15to violations or attempted violations committed on or after
16January 1, 2014 (the effective date of Public Act 98-61).
17(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23;
18103-27, eff. 1-1-24; revised 12-15-23.)
 
19    (705 ILCS 405/5-120)
20    Sec. 5-120. Exclusive jurisdiction. Proceedings may be
21instituted under the provisions of this Article concerning any
22minor who prior to the minor's 18th birthday has violated or
23attempted to violate an Illinois State, county, or municipal
24law or ordinance. Except as provided in Sections 5-125, 5-130,
255-805, and 5-810 of this Article, no minor who was under 18

 

 

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1years of age at the time of the alleged offense may be
2prosecuted under the criminal laws of this State.
3    The changes made to this Section by Public Act 98-61 this
4amendatory Act of the 98th General Assembly apply to
5violations or attempted violations committed on or after
6January 1, 2014 (the effective date of Public Act 98-61) this
7amendatory Act.
8(Source: P.A. 103-22, eff. 8-8-23; 103-27, eff. 1-1-24;
9revised 12-15-23.)
 
10    (705 ILCS 405/5-401.6)
11    Sec. 5-401.6. Prohibition of deceptive tactics.
12    (a) In this Section:
13    "Custodial interrogation" means any interrogation (i)
14during which a reasonable person in the subject's position
15would consider the subject to be in custody and (ii) during
16which a question is asked that is reasonably likely to elicit
17an incriminating response.
18    "Deception" means the knowing communication of false facts
19about evidence or unauthorized statements regarding leniency
20by a law enforcement officer or juvenile officer to a subject
21of custodial interrogation.
22    "Person with a severe or profound intellectual disability"
23means a person (i) whose intelligence quotient does not exceed
2440 or (ii) whose intelligence quotient does not exceed 55 and
25who suffers from significant mental illness to the extent that

 

 

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1the person's ability to exercise rational judgment is
2impaired.
3    "Place of detention" means a building or a police station
4that is a place of operation for a municipal police department
5or county sheriff department or other law enforcement agency
6at which persons are or may be held in detention in connection
7with criminal charges against those persons or allegations
8that those persons are delinquent minors.
9    "Protected person" means: a minor who, at the time of the
10commission of the offense, was under 18 years of age; or a
11person with a severe or profound intellectual disability.
12    (b) An oral, written, or sign language confession of a
13protected person made as a result of a custodial interrogation
14conducted at a police station or other place of detention on or
15after January 1, 2022 (the effective date of Public Act
16102-101) this amendatory Act of the 102nd General Assembly
17shall be presumed to be inadmissible as evidence against the
18protected person making the confession in a criminal
19proceeding or a juvenile court proceeding for an act that if
20committed by an adult would be a misdemeanor offense under
21Article 11 of the Criminal Code of 2012 or a felony offense
22under the Criminal Code of 2012 if, during the custodial
23interrogation, a law enforcement officer or juvenile officer
24knowingly engages in deception.
25    (c) The presumption of inadmissibility of a confession of
26a protected person at a custodial interrogation at a police

 

 

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1station or other place of detention, when such confession is
2procured through the knowing use of deception, may be overcome
3by a preponderance of the evidence that the confession was
4voluntarily given, based on the totality of the circumstances.
5    (d) The burden of going forward with the evidence and the
6burden of proving that a confession was voluntary shall be on
7the State. Objection to the failure of the State to call all
8material witnesses on the issue of whether the confession was
9voluntary must be made in the trial court.
10(Source: P.A. 102-101, eff. 1-1-22; 103-22, eff. 8-8-23;
11103-341, eff. 1-1-24; revised 12-15-23.)
 
12    (705 ILCS 405/5-410)
13    Sec. 5-410. Non-secure custody or detention.
14    (1) Any minor arrested or taken into custody pursuant to
15this Act who requires care away from the minor's home but who
16does not require physical restriction shall be given temporary
17care in a foster family home or other shelter facility
18designated by the court.
19    (2)(a) Any minor 10 years of age or older arrested
20pursuant to this Act where there is probable cause to believe
21that the minor is a delinquent minor and that (i) secure
22custody is a matter of immediate and urgent necessity for the
23protection of the minor or of the person or property of
24another, (ii) the minor is likely to flee the jurisdiction of
25the court, or (iii) the minor was taken into custody under a

 

 

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1warrant, may be kept or detained in an authorized detention
2facility. A minor under 13 years of age shall not be admitted,
3kept, or detained in a detention facility unless a local youth
4service provider, including a provider through the
5Comprehensive Community Based Youth Services network, has been
6contacted and has not been able to accept the minor. No minor
7under 12 years of age shall be detained in a county jail or a
8municipal lockup for more than 6 hours.
9    (a-5) For a minor arrested or taken into custody for
10vehicular hijacking or aggravated vehicular hijacking, a
11previous finding of delinquency for vehicular hijacking or
12aggravated vehicular hijacking shall be given greater weight
13in determining whether secured custody of a minor is a matter
14of immediate and urgent necessity for the protection of the
15minor or of the person or property of another.
16    (b) The written authorization of the probation officer or
17detention officer (or other public officer designated by the
18court in a county having 3,000,000 or more inhabitants)
19constitutes authority for the superintendent of any juvenile
20detention home to detain and keep a minor for up to 40 hours,
21excluding Saturdays, Sundays, and court-designated holidays.
22These records shall be available to the same persons and
23pursuant to the same conditions as are law enforcement records
24as provided in Section 5-905.
25    (b-4) The consultation required by paragraph (b-5) shall
26not be applicable if the probation officer or detention

 

 

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1officer (or other public officer designated by the court in a
2county having 3,000,000 or more inhabitants) utilizes a
3scorable detention screening instrument, which has been
4developed with input by the State's Attorney, to determine
5whether a minor should be detained; , however, paragraph (b-5)
6shall still be applicable where no such screening instrument
7is used or where the probation officer, detention officer (or
8other public officer designated by the court in a county
9having 3,000,000 or more inhabitants) deviates from the
10screening instrument.
11    (b-5) Subject to the provisions of paragraph (b-4), if a
12probation officer or detention officer (or other public
13officer designated by the court in a county having 3,000,000
14or more inhabitants) does not intend to detain a minor for an
15offense which constitutes one of the following offenses, the
16probation officer or detention officer (or other public
17officer designated by the court in a county having 3,000,000
18or more inhabitants) shall consult with the State's Attorney's
19Office prior to the release of the minor: first degree murder,
20second degree murder, involuntary manslaughter, criminal
21sexual assault, aggravated criminal sexual assault, aggravated
22battery with a firearm as described in Section 12-4.2 or
23subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section
2412-3.05, aggravated or heinous battery involving permanent
25disability or disfigurement or great bodily harm, robbery,
26aggravated robbery, armed robbery, vehicular hijacking,

 

 

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1aggravated vehicular hijacking, vehicular invasion, arson,
2aggravated arson, kidnapping, aggravated kidnapping, home
3invasion, burglary, or residential burglary.
4    (c) Except as otherwise provided in paragraph (a), (d), or
5(e), no minor shall be detained in a county jail or municipal
6lockup for more than 12 hours, unless the offense is a crime of
7violence in which case the minor may be detained up to 24
8hours. For the purpose of this paragraph, "crime of violence"
9has the meaning ascribed to it in Section 1-10 of the Substance
10Use Disorder Act Alcoholism and Other Drug Abuse and
11Dependency Act.
12        (i) The period of detention is deemed to have begun
13    once the minor has been placed in a locked room or cell or
14    handcuffed to a stationary object in a building housing a
15    county jail or municipal lockup. Time spent transporting a
16    minor is not considered to be time in detention or secure
17    custody.
18        (ii) Any minor so confined shall be under periodic
19    supervision and shall not be permitted to come into or
20    remain in contact with adults in custody in the building.
21        (iii) Upon placement in secure custody in a jail or
22    lockup, the minor shall be informed of the purpose of the
23    detention, the time it is expected to last and the fact
24    that it cannot exceed the time specified under this Act.
25        (iv) A log shall be kept which shows the offense which
26    is the basis for the detention, the reasons and

 

 

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1    circumstances for the decision to detain, and the length
2    of time the minor was in detention.
3        (v) Violation of the time limit on detention in a
4    county jail or municipal lockup shall not, in and of
5    itself, render inadmissible evidence obtained as a result
6    of the violation of this time limit. Minors under 18 years
7    of age shall be kept separate from confined adults and may
8    not at any time be kept in the same cell, room, or yard
9    with adults confined pursuant to criminal law. Persons 18
10    years of age and older who have a petition of delinquency
11    filed against them may be confined in an adult detention
12    facility. In making a determination whether to confine a
13    person 18 years of age or older who has a petition of
14    delinquency filed against the person, these factors, among
15    other matters, shall be considered:
16            (A) the age of the person;
17            (B) any previous delinquent or criminal history of
18        the person;
19            (C) any previous abuse or neglect history of the
20        person; and
21            (D) any mental health or educational history of
22        the person, or both.
23    (d)(i) If a minor 12 years of age or older is confined in a
24county jail in a county with a population below 3,000,000
25inhabitants, then the minor's confinement shall be implemented
26in such a manner that there will be no contact by sight, sound,

 

 

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1or otherwise between the minor and adult prisoners. Minors 12
2years of age or older must be kept separate from confined
3adults and may not at any time be kept in the same cell, room,
4or yard with confined adults. This paragraph (d)(i) shall only
5apply to confinement pending an adjudicatory hearing and shall
6not exceed 40 hours, excluding Saturdays, Sundays, and
7court-designated holidays. To accept or hold minors during
8this time period, county jails shall comply with all
9monitoring standards adopted by the Department of Corrections
10and training standards approved by the Illinois Law
11Enforcement Training Standards Board.
12    (ii) To accept or hold minors, 12 years of age or older,
13after the time period prescribed in paragraph (d)(i) of this
14subsection (2) of this Section but not exceeding 7 days
15including Saturdays, Sundays, and holidays pending an
16adjudicatory hearing, county jails shall comply with all
17temporary detention standards adopted by the Department of
18Corrections and training standards approved by the Illinois
19Law Enforcement Training Standards Board.
20    (iii) To accept or hold minors 12 years of age or older,
21after the time period prescribed in paragraphs (d)(i) and
22(d)(ii) of this subsection (2) of this Section, county jails
23shall comply with all county juvenile detention standards
24adopted by the Department of Juvenile Justice.
25    (e) When a minor who is at least 15 years of age is
26prosecuted under the criminal laws of this State, the court

 

 

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1may enter an order directing that the juvenile be confined in
2the county jail. However, any juvenile confined in the county
3jail under this provision shall be separated from adults who
4are confined in the county jail in such a manner that there
5will be no contact by sight, sound, or otherwise between the
6juvenile and adult prisoners.
7    (f) For purposes of appearing in a physical lineup, the
8minor may be taken to a county jail or municipal lockup under
9the direct and constant supervision of a juvenile police
10officer. During such time as is necessary to conduct a lineup,
11and while supervised by a juvenile police officer, the sight
12and sound separation provisions shall not apply.
13    (g) For purposes of processing a minor, the minor may be
14taken to a county jail or municipal lockup under the direct and
15constant supervision of a law enforcement officer or
16correctional officer. During such time as is necessary to
17process the minor, and while supervised by a law enforcement
18officer or correctional officer, the sight and sound
19separation provisions shall not apply.
20    (3) If the probation officer or State's Attorney (or such
21other public officer designated by the court in a county
22having 3,000,000 or more inhabitants) determines that the
23minor may be a delinquent minor as described in subsection (3)
24of Section 5-105, and should be retained in custody but does
25not require physical restriction, the minor may be placed in
26non-secure custody for up to 40 hours pending a detention

 

 

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1hearing.
2    (4) Any minor taken into temporary custody, not requiring
3secure detention, may, however, be detained in the home of the
4minor's parent or guardian subject to such conditions as the
5court may impose.
6    (5) The changes made to this Section by Public Act 98-61
7apply to a minor who has been arrested or taken into custody on
8or after January 1, 2014 (the effective date of Public Act
998-61).
10(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)
 
11    (705 ILCS 405/5-525)
12    Sec. 5-525. Service.
13    (1) Service by summons.
14        (a) Upon the commencement of a delinquency
15    prosecution, the clerk of the court shall issue a summons
16    with a copy of the petition attached. The summons shall be
17    directed to the minor's parent, guardian or legal
18    custodian and to each person named as a respondent in the
19    petition, except that summons need not be directed (i) to
20    a minor respondent under 8 years of age for whom the court
21    appoints a guardian ad litem if the guardian ad litem
22    appears on behalf of the minor in any proceeding under
23    this Act, or (ii) to a parent who does not reside with the
24    minor, does not make regular child support payments to the
25    minor, to the minor's other parent, or to the minor's

 

 

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1    legal guardian or custodian pursuant to a support order,
2    and has not communicated with the minor on a regular
3    basis.
4        (b) The summons must contain a statement that the
5    minor is entitled to have an attorney present at the
6    hearing on the petition, and that the clerk of the court
7    should be notified promptly if the minor desires to be
8    represented by an attorney but is financially unable to
9    employ counsel.
10        (c) The summons shall be issued under the seal of the
11    court, attested in and signed with the name of the clerk of
12    the court, dated on the day it is issued, and shall require
13    each respondent to appear and answer the petition on the
14    date set for the adjudicatory hearing.
15        (d) The summons may be served by any law enforcement
16    officer, coroner or probation officer, even though the
17    officer is the petitioner. The return of the summons with
18    endorsement of service by the officer is sufficient proof
19    of service.
20        (e) Service of a summons and petition shall be made
21    by: (i) leaving a copy of the summons and petition with the
22    person summoned at least 3 days before the time stated in
23    the summons for appearance; (ii) leaving a copy at the
24    summoned person's usual place of abode with some person of
25    the family, of the age of 10 years or upwards, and
26    informing that person of the contents of the summons and

 

 

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1    petition, provided, the officer or other person making
2    service shall also send a copy of the summons in a sealed
3    envelope with postage fully prepaid, addressed to the
4    person summoned at the person's usual place of abode, at
5    least 3 days before the time stated in the summons for
6    appearance; or (iii) leaving a copy of the summons and
7    petition with the guardian or custodian of a minor, at
8    least 3 days before the time stated in the summons for
9    appearance. If the guardian or legal custodian is an
10    agency of the State of Illinois, proper service may be
11    made by leaving a copy of the summons and petition with any
12    administrative employee of the agency designated by the
13    agency to accept the service of summons and petitions. The
14    certificate of the officer or affidavit of the person that
15    the officer or person has sent the copy pursuant to this
16    Section is sufficient proof of service.
17        (f) When a parent or other person, who has signed a
18    written promise to appear and bring the minor to court or
19    who has waived or acknowledged service, fails to appear
20    with the minor on the date set by the court, a bench
21    warrant may be issued for the parent or other person, the
22    minor, or both.
23    (2) Service by certified mail or publication.
24        (a) If service on individuals as provided in
25    subsection (1) is not made on any respondent within a
26    reasonable time or if it appears that any respondent

 

 

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1    resides outside the State, service may be made by
2    certified mail. In that case the clerk shall mail the
3    summons and a copy of the petition to that respondent by
4    certified mail marked for delivery to addressee only. The
5    court shall not proceed with the adjudicatory hearing
6    until 5 days after the mailing. The regular return receipt
7    for certified mail is sufficient proof of service.
8        (b) If service upon individuals as provided in
9    subsection (1) is not made on any respondents within a
10    reasonable time or if any person is made a respondent
11    under the designation of "All Whom It May Concern", or if
12    service cannot be made because the whereabouts of a
13    respondent are unknown, service may be made by
14    publication. The clerk of the court as soon as possible
15    shall cause publication to be made once in a newspaper of
16    general circulation in the county where the action is
17    pending. Service by publication is not required in any
18    case when the person alleged to have legal custody of the
19    minor has been served with summons personally or by
20    certified mail, but the court may not enter any order or
21    judgment against any person who cannot be served with
22    process other than by publication unless service by
23    publication is given or unless that person appears.
24    Failure to provide service by publication to a
25    non-custodial parent whose whereabouts are unknown shall
26    not deprive the court of jurisdiction to proceed with a

 

 

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1    trial or a plea of delinquency by the minor. When a minor
2    has been detained or sheltered under Section 5-501 of this
3    Act and summons has not been served personally or by
4    certified mail within 20 days from the date of the order of
5    court directing such detention or shelter care, the clerk
6    of the court shall cause publication. Service by
7    publication shall be substantially as follows:
8            "A, B, C, D, (here giving the names of the named
9        respondents, if any) and to All Whom It May Concern (if
10        there is any respondent under that designation):
11            Take notice that on (insert date) a petition was
12        filed under the Juvenile Court Act of 1987 by .... in
13        the circuit court of .... county entitled 'In the
14        interest of ...., a minor', and that in .... courtroom
15        at .... on (insert date) at the hour of ...., or as
16        soon thereafter as this cause may be heard, an
17        adjudicatory hearing will be held upon the petition to
18        have the child declared to be a ward of the court under
19        that Act. The court has authority in this proceeding
20        to take from you the custody and guardianship of the
21        minor.
22            Now, unless you appear at the hearing and show
23        cause against the petition, the allegations of the
24        petition may stand admitted as against you and each of
25        you, and an order or judgment entered.
26            ........................................

 

 

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1            Clerk
2            Dated (insert the date of publication)"
3        (c) The clerk shall also at the time of the
4    publication of the notice send a copy of the notice by mail
5    to each of the respondents on account of whom publication
6    is made at each respondent's last known address. The
7    certificate of the clerk that the clerk has mailed the
8    notice is evidence of that mailing. No other publication
9    notice is required. Every respondent notified by
10    publication under this Section must appear and answer in
11    open court at the hearing. The court may not proceed with
12    the adjudicatory hearing until 10 days after service by
13    publication on any custodial parent, guardian or legal
14    custodian of a minor alleged to be delinquent.
15        (d) If it becomes necessary to change the date set for
16    the hearing in order to comply with this Section, notice
17    of the resetting of the date must be given, by certified
18    mail or other reasonable means, to each respondent who has
19    been served with summons personally or by certified mail.
20    (3) Once jurisdiction has been established over a party,
21further service is not required and notice of any subsequent
22proceedings in that prosecution shall be made in accordance
23with provisions of Section 5-530.
24    (4) The appearance of the minor's parent, guardian, or
25legal custodian, or a person named as a respondent in a
26petition, in any proceeding under this Act shall constitute a

 

 

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1waiver of service and submission to the jurisdiction of the
2court. A copy of the petition shall be provided to the person
3at the time of the person's appearance.
4    (5) Fines or assessments, such as fees or administrative
5costs in the service of process, shall not be ordered or
6imposed on a minor or a minor's parent, guardian, or legal
7custodian.
8(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;
9revised 9-11-23.)
 
10    (705 ILCS 405/5-601)
11    Sec. 5-601. Trial.
12    (1) When a petition has been filed alleging that the minor
13is a delinquent, a trial must be held within 120 days of a
14written demand for such hearing made by any party, except that
15when the State, without success, has exercised due diligence
16to obtain evidence material to the case and there are
17reasonable grounds to believe that the evidence may be
18obtained at a later date, the court may, upon motion by the
19State, continue the trial for not more than 30 additional
20days.
21    (2) If a minor respondent has multiple delinquency
22petitions pending against the minor in the same county and
23simultaneously demands a trial upon more than one delinquency
24petition pending against the minor in the same county, the
25minor shall receive a trial or have a finding, after waiver of

 

 

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1trial, upon at least one such petition before expiration
2relative to any of the pending petitions of the period
3described by this Section. All remaining petitions thus
4pending against the minor respondent shall be adjudicated
5within 160 days from the date on which a finding relative to
6the first petition prosecuted is rendered under Section 5-620
7of this Article, or, if the trial upon the first petition is
8terminated without a finding and there is no subsequent trial,
9or adjudication after waiver of trial, on the first petition
10within a reasonable time, the minor shall receive a trial upon
11all of the remaining petitions within 160 days from the date on
12which the trial, or finding after waiver of trial, on the first
13petition is concluded. If either such period of 160 days
14expires without the commencement of trial, or adjudication
15after waiver of trial, of any of the remaining pending
16petitions, the petition or petitions shall be dismissed and
17barred for want of prosecution unless the delay is occasioned
18by any of the reasons described in this Section.
19    (3) When no such trial is held within the time required by
20subsections (1) and (2) of this Section, the court shall, upon
21motion by any party, dismiss the petition with prejudice.
22    (4) Without affecting the applicability of the tolling and
23multiple prosecution provisions of subsections (8) and (2) of
24this Section when a petition has been filed alleging that the
25minor is a delinquent and the minor is in detention or shelter
26care, the trial shall be held within 30 calendar days after the

 

 

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1date of the order directing detention or shelter care, or the
2earliest possible date in compliance with the provisions of
3Section 5-525 as to the custodial parent, guardian, or legal
4custodian, but no later than 45 calendar days from the date of
5the order of the court directing detention or shelter care.
6When the petition alleges the minor has committed an offense
7involving a controlled substance as defined in the Illinois
8Controlled Substances Act or methamphetamine as defined in the
9Methamphetamine Control and Community Protection Act, the
10court may, upon motion of the State, continue the trial for
11receipt of a confirmatory laboratory report for up to 45 days
12after the date of the order directing detention or shelter
13care. When the petition alleges the minor committed an offense
14that involves the death of, great bodily harm to or sexual
15assault or aggravated criminal sexual abuse on a victim, the
16court may, upon motion of the State, continue the trial for not
17more than 70 calendar days after the date of the order
18directing detention or shelter care.
19    Any failure to comply with the time limits of this Section
20shall require the immediate release of the minor from
21detention, and the time limits set forth in subsections (1)
22and (2) shall apply.
23    (5) If the court determines that the State, without
24success, has exercised due diligence to obtain the results of
25DNA testing that is material to the case, and that there are
26reasonable grounds to believe that the results may be obtained

 

 

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1at a later date, the court may continue the cause on
2application of the State for not more than 120 additional
3days. The court may also extend the period of detention of the
4minor for not more than 120 additional days.
5    (6) If the State's Attorney makes a written request that a
6proceeding be designated an extended juvenile jurisdiction
7prosecution, and the minor is in detention, the period the
8minor can be held in detention pursuant to subsection (4),
9shall be extended an additional 30 days after the court
10determines whether the proceeding will be designated an
11extended juvenile jurisdiction prosecution or the State's
12Attorney withdraws the request for extended juvenile
13jurisdiction prosecution.
14    (7) When the State's Attorney files a motion for waiver of
15jurisdiction pursuant to Section 5-805, and the minor is in
16detention, the period the minor can be held in detention
17pursuant to subsection (4), shall be extended an additional 30
18days if the court denies motion for waiver of jurisdiction or
19the State's Attorney withdraws the motion for waiver of
20jurisdiction.
21    (8) The period in which a trial shall be held as prescribed
22by subsection subsections (1), (2), (3), (4), (5), (6), or (7)
23of this Section is tolled by: (i) delay occasioned by the
24minor; (ii) a continuance allowed pursuant to Section 114-4 of
25the Code of Criminal Procedure of 1963 after the court's
26determination of the minor's incapacity for trial; (iii) an

 

 

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1interlocutory appeal; (iv) an examination of fitness ordered
2pursuant to Section 104-13 of the Code of Criminal Procedure
3of 1963; (v) a fitness hearing; or (vi) an adjudication of
4unfitness for trial. Any such delay shall temporarily suspend,
5for the time of the delay, the period within which a trial must
6be held as prescribed by subsections (1), (2), (4), (5), and
7(6) of this Section. On the day of expiration of the delays,
8the period shall continue at the point at which the time was
9suspended.
10    (9) Nothing in this Section prevents the minor or the
11minor's parents, guardian, or legal custodian from exercising
12their respective rights to waive the time limits set forth in
13this Section.
14(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)
 
15    (705 ILCS 405/5-610)
16    Sec. 5-610. Guardian ad litem and appointment of attorney.
17    (1) The court may appoint a guardian ad litem for the minor
18whenever it finds that there may be a conflict of interest
19between the minor and the minor's parent, guardian, or legal
20custodian or that it is otherwise in the minor's interest to do
21so.
22    (2) Unless the guardian ad litem is an attorney, the
23guardian ad litem shall be represented by counsel.
24    (3) The reasonable fees of a guardian ad litem appointed
25under this Section shall be fixed by the court and paid from

 

 

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1the general fund of the county.
2    (4) If, during the court proceedings, the parents,
3guardian, or legal custodian prove that the minor has an
4actual conflict of interest with the minor in that delinquency
5proceeding and that the parents, guardian, or legal custodian
6are indigent, the court shall appoint a separate attorney for
7that parent, guardian, or legal custodian.
8    (5) A guardian ad litem appointed under this Section for a
9minor who is in the custody or guardianship of the Department
10of Children and Family Services or who has an open intact
11family services case with the Department of Children and
12Family Services is entitled to receive copies of any and all
13classified reports of child abuse or neglect made pursuant to
14the Abused and Neglected Child Reporting Act in which the
15minor, who is the subject of the report under the Abused and
16Neglected Child Reporting Act, is also a minor for whom the
17guardian ad litem is appointed under this Act. The Department
18of Children and Family Services' obligation under this
19subsection to provide reports to a guardian ad litem for a
20minor with an open intact family services case applies only if
21the guardian ad litem notified the Department in writing of
22the representation.
23(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;
24revised 9-11-23.)
 
25    (705 ILCS 405/5-615)

 

 

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1    Sec. 5-615. Continuance under supervision.
2    (1) The court may enter an order of continuance under
3supervision for an offense other than first degree murder, a
4Class X felony or a forcible felony:
5        (a) upon an admission or stipulation by the
6    appropriate respondent or minor respondent of the facts
7    supporting the petition and before the court makes a
8    finding of delinquency, and in the absence of objection
9    made in open court by the minor, the minor's parent,
10    guardian, or legal custodian, the minor's attorney, or the
11    State's Attorney; or
12        (b) upon a finding of delinquency and after
13    considering the circumstances of the offense and the
14    history, character, and condition of the minor, if the
15    court is of the opinion that:
16            (i) the minor is not likely to commit further
17        crimes;
18            (ii) the minor and the public would be best served
19        if the minor were not to receive a criminal record; and
20            (iii) in the best interests of justice an order of
21        continuance under supervision is more appropriate than
22        a sentence otherwise permitted under this Act.
23    (2) (Blank).
24    (3) Nothing in this Section limits the power of the court
25to order a continuance of the hearing for the production of
26additional evidence or for any other proper reason.

 

 

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1    (4) When a hearing where a minor is alleged to be a
2delinquent is continued pursuant to this Section, the period
3of continuance under supervision may not exceed 24 months. The
4court may terminate a continuance under supervision at any
5time if warranted by the conduct of the minor and the ends of
6justice or vacate the finding of delinquency or both.
7    (5) When a hearing where a minor is alleged to be
8delinquent is continued pursuant to this Section, the court
9may, as conditions of the continuance under supervision,
10require the minor to do any of the following:
11        (a) not violate any criminal statute of any
12    jurisdiction;
13        (b) make a report to and appear in person before any
14    person or agency as directed by the court;
15        (c) work or pursue a course of study or vocational
16    training;
17        (d) undergo medical or psychotherapeutic treatment
18    rendered by a therapist licensed under the provisions of
19    the Medical Practice Act of 1987, the Clinical
20    Psychologist Licensing Act, or the Clinical Social Work
21    and Social Work Practice Act, or an entity licensed by the
22    Department of Human Services as a successor to the
23    Department of Alcoholism and Substance Abuse, for the
24    provision of substance use disorder services as defined in
25    Section 1-10 of the Substance Use Disorder Act;
26        (e) attend or reside in a facility established for the

 

 

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1    instruction or residence of persons on probation;
2        (f) support the minor's dependents, if any;
3        (g) (blank);
4        (h) refrain from possessing a firearm or other
5    dangerous weapon, or an automobile;
6        (i) permit the probation officer to visit the minor at
7    the minor's home or elsewhere;
8        (j) reside with the minor's parents or in a foster
9    home;
10        (k) attend school;
11        (k-5) with the consent of the superintendent of the
12    facility, attend an educational program at a facility
13    other than the school in which the offense was committed
14    if the minor committed a crime of violence as defined in
15    Section 2 of the Crime Victims Compensation Act in a
16    school, on the real property comprising a school, or
17    within 1,000 feet of the real property comprising a
18    school;
19        (l) attend a non-residential program for youth;
20        (m) provide nonfinancial contributions to the minor's
21    own support at home or in a foster home;
22        (n) perform some reasonable public or community
23    service that does not interfere with school hours,
24    school-related activities, or work commitments of the
25    minor or the minor's parent, guardian, or legal custodian;
26        (o) make restitution to the victim, in the same manner

 

 

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1    and under the same conditions as provided in subsection
2    (4) of Section 5-710, except that the "sentencing hearing"
3    referred to in that Section shall be the adjudicatory
4    hearing for purposes of this Section;
5        (p) comply with curfew requirements as designated by
6    the court;
7        (q) refrain from entering into a designated geographic
8    area except upon terms as the court finds appropriate. The
9    terms may include consideration of the purpose of the
10    entry, the time of day, other persons accompanying the
11    minor, and advance approval by a probation officer;
12        (r) refrain from having any contact, directly or
13    indirectly, with certain specified persons or particular
14    types of persons, including, but not limited to, members
15    of street gangs and drug users or dealers;
16        (r-5) undergo a medical or other procedure to have a
17    tattoo symbolizing allegiance to a street gang removed
18    from the minor's body;
19        (s) refrain from having in the minor's body the
20    presence of any illicit drug prohibited by the Cannabis
21    Control Act, the Illinois Controlled Substances Act, or
22    the Methamphetamine Control and Community Protection Act,
23    unless prescribed by a physician, and submit samples of
24    the minor's blood or urine or both for tests to determine
25    the presence of any illicit drug; or
26        (t) comply with any other conditions as may be ordered

 

 

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1    by the court.
2    (6) A minor whose case is continued under supervision
3under subsection (5) shall be given a certificate setting
4forth the conditions imposed by the court. Those conditions
5may be reduced, enlarged, or modified by the court on motion of
6the probation officer or on its own motion, or that of the
7State's Attorney, or, at the request of the minor after notice
8and hearing.
9    (7) If a petition is filed charging a violation of a
10condition of the continuance under supervision, the court
11shall conduct a hearing. If the court finds that a condition of
12supervision has not been fulfilled, the court may proceed to
13findings, adjudication, and disposition or adjudication and
14disposition. The filing of a petition for violation of a
15condition of the continuance under supervision shall toll the
16period of continuance under supervision until the final
17determination of the charge, and the term of the continuance
18under supervision shall not run until the hearing and
19disposition of the petition for violation; provided where the
20petition alleges conduct that does not constitute a criminal
21offense, the hearing must be held within 30 days of the filing
22of the petition unless a delay shall continue the tolling of
23the period of continuance under supervision for the period of
24the delay.
25    (8) When a hearing in which a minor is alleged to be a
26delinquent for reasons that include a violation of Section

 

 

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121-1.3 of the Criminal Code of 1961 or the Criminal Code of
22012 is continued under this Section, the court shall, as a
3condition of the continuance under supervision, require the
4minor to perform community service for not less than 30 and not
5more than 120 hours, if community service is available in the
6jurisdiction. The community service shall include, but need
7not be limited to, the cleanup and repair of the damage that
8was caused by the alleged violation or similar damage to
9property located in the municipality or county in which the
10alleged violation occurred. The condition may be in addition
11to any other condition. Community service shall not interfere
12with the school hours, school-related activities, or work
13commitments of the minor or the minor's parent, guardian, or
14legal custodian.
15    (8.5) When a hearing in which a minor is alleged to be a
16delinquent for reasons that include a violation of Section
173.02 or Section 3.03 of the Humane Care for Animals Act or
18paragraph (d) of subsection (1) of Section 21-1 of the
19Criminal Code of 1961 or paragraph (4) of subsection (a) of
20Section 21-1 or the Criminal Code of 2012 is continued under
21this Section, the court shall, as a condition of the
22continuance under supervision, require the minor to undergo
23medical or psychiatric treatment rendered by a psychiatrist or
24psychological treatment rendered by a clinical psychologist.
25The condition may be in addition to any other condition.
26    (9) When a hearing in which a minor is alleged to be a

 

 

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1delinquent is continued under this Section, the court, before
2continuing the case, shall make a finding whether the offense
3alleged to have been committed either: (i) was related to or in
4furtherance of the activities of an organized gang or was
5motivated by the minor's membership in or allegiance to an
6organized gang, or (ii) is a violation of paragraph (13) of
7subsection (a) of Section 12-2 or paragraph (2) of subsection
8(c) of Section 12-2 of the Criminal Code of 1961 or the
9Criminal Code of 2012, a violation of any Section of Article 24
10of the Criminal Code of 1961 or the Criminal Code of 2012, or a
11violation of any statute that involved the unlawful use of a
12firearm. If the court determines the question in the
13affirmative the court shall, as a condition of the continuance
14under supervision and as part of or in addition to any other
15condition of the supervision, require the minor to perform
16community service for not less than 30 hours, provided that
17community service is available in the jurisdiction and is
18funded and approved by the county board of the county where the
19offense was committed. The community service shall include,
20but need not be limited to, the cleanup and repair of any
21damage caused by an alleged violation of Section 21-1.3 of the
22Criminal Code of 1961 or the Criminal Code of 2012 and similar
23damage to property located in the municipality or county in
24which the alleged violation occurred. When possible and
25reasonable, the community service shall be performed in the
26minor's neighborhood. For the purposes of this Section,

 

 

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1"organized gang" has the meaning ascribed to it in Section 10
2of the Illinois Streetgang Terrorism Omnibus Prevention Act.
3Community service shall not interfere with the school hours,
4school-related activities, or work commitments of the minor or
5the minor's parent, guardian, or legal custodian.
6    (10) (Blank).
7    (11) (Blank).
8    (12) Fines and assessments, including any fee or
9administrative cost authorized under Section 5-4.5-105,
105-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the
11Unified Code of Corrections, shall not be ordered or imposed
12on a minor or the minor's parent, guardian, or legal custodian
13as a condition of continuance under supervision. If the minor
14or the minor's parent, guardian, or legal custodian is unable
15to cover the cost of a condition under this subsection, the
16court shall not preclude the minor from receiving continuance
17under supervision based on the inability to pay. Inability to
18pay shall not be grounds to object to the minor's placement on
19a continuance under supervision.
20(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;
21revised 8-25-23.)
 
22    (705 ILCS 405/5-625)
23    Sec. 5-625. Absence of minor.
24    (1) When a minor after arrest and an initial court
25appearance for a felony, fails to appear for trial, at the

 

 

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1request of the State and after the State has affirmatively
2proven through substantial evidence that the minor is
3willfully avoiding trial, the court may commence trial in the
4absence of the minor. The absent minor must be represented by
5retained or appointed counsel. If trial had previously
6commenced in the presence of the minor and the minor is
7willfully absent for 2 successive court days, the court shall
8proceed to trial. All procedural rights guaranteed by the
9United States Constitution, Constitution of the State of
10Illinois, statutes of the State of Illinois, and rules of
11court shall apply to the proceedings the same as if the minor
12were present in court. The court may set the case for a trial
13which may be conducted under this Section despite the failure
14of the minor to appear at the hearing at which the trial date
15is set. When the trial date is set, the clerk shall send to the
16minor, by certified mail at the minor's last known address,
17notice of the new date which has been set for trial. The
18notification shall be required when the minor was not
19personally present in open court at the time when the case was
20set for trial.
21    (2) The absence of the minor from a trial conducted under
22this Section does not operate as a bar to concluding the trial,
23to a finding of guilty resulting from the trial, or to a final
24disposition of the trial in favor of the minor.
25    (3) Upon a finding or verdict of not guilty, the court
26shall enter a finding for the minor. Upon a finding or verdict

 

 

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1of guilty, the court shall set a date for the hearing of
2post-trial motions and shall hear the motion in the absence of
3the minor. If post-trial motions are denied, the court shall
4proceed to conduct a sentencing hearing and to impose a
5sentence upon the minor. A social investigation is waived if
6the minor is absent.
7    (4) A minor who is absent for part of the proceedings of
8trial, post-trial motions, or sentencing, does not thereby
9forfeit the minor's right to be present at all remaining
10proceedings.
11    (5) When a minor who in the minor's absence has been either
12found guilty or sentenced or both found guilty and sentenced
13appears before the court, the minor must be granted a new trial
14or a new sentencing hearing if the minor can establish that the
15minor's failure to appear in court was both without the
16minor's fault and due to circumstances beyond the minor's
17control. A hearing with notice to the State's Attorney on the
18minors request for a new trial or a new sentencing hearing must
19be held before any such request may be granted. At any such
20hearing both the minor and the State may present evidence.
21    (6) If the court grants only the minor's request for a new
22sentencing hearing, then a new sentencing hearing shall be
23held in accordance with the provisions of this Article. At any
24such hearing, both the minor and the State may offer evidence
25of the minor's conduct during the minor's period of absence
26from the court. The court may impose any sentence authorized

 

 

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1by this Article and in the case of an extended juvenile
2jurisdiction prosecution the Unified Code of Corrections and
3is not in any way limited or restricted by any sentence
4previously imposed.
5    (7) A minor whose motion under subsection (5) for a new
6trial or new sentencing hearing has been denied may file a
7notice of appeal from the denial. The notice may also include a
8request for review of the finding and sentence not vacated by
9the trial court.
10(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)
 
11    (705 ILCS 405/5-705)
12    Sec. 5-705. Sentencing hearing; evidence; continuance.
13    (1) In this subsection (1), "violent crime" has the same
14meaning ascribed to the term in subsection (c) of Section 3 of
15the Rights of Crime Victims and Witnesses Act. At the
16sentencing hearing, the court shall determine whether it is in
17the best interests of the minor or the public that the minor be
18made a ward of the court, and, if the minor is to be made a
19ward of the court, the court shall determine the proper
20disposition best serving the interests of the minor and the
21public. All evidence helpful in determining these questions,
22including oral and written reports, may be admitted and may be
23relied upon to the extent of its probative value, even though
24not competent for the purposes of the trial. A crime victim
25shall be allowed to present an oral or written statement, as

 

 

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1guaranteed by Article I, Section 8.1 of the Illinois
2Constitution and as provided in Section 6 of the Rights of
3Crime Victims and Witnesses Act, in any case in which: (a) a
4juvenile has been adjudicated delinquent for a violent crime
5after a bench or jury trial; or (b) the petition alleged the
6commission of a violent crime and the juvenile has been
7adjudicated delinquent under a plea agreement of a crime that
8is not a violent crime. The court shall allow a victim to make
9an oral statement if the victim is present in the courtroom and
10requests to make an oral statement. An oral statement includes
11the victim or a representative of the victim reading the
12written statement. The court may allow persons impacted by the
13crime who are not victims under subsection (a) of Section 3 of
14the Rights of Crime Victims and Witnesses Act to present an
15oral or written statement. A victim and any person making an
16oral statement shall not be put under oath or subject to
17cross-examination. A record of a prior continuance under
18supervision under Section 5-615, whether successfully
19completed or not, is admissible at the sentencing hearing. No
20order of commitment to the Department of Juvenile Justice
21shall be entered against a minor before a written report of
22social investigation, which has been completed within the
23previous 60 days, is presented to and considered by the court.
24    (2) Once a party has been served in compliance with
25Section 5-525, no further service or notice must be given to
26that party prior to proceeding to a sentencing hearing. Before

 

 

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1imposing sentence the court shall advise the State's Attorney
2and the parties who are present or their counsel of the factual
3contents and the conclusions of the reports prepared for the
4use of the court and considered by it, and afford fair
5opportunity, if requested, to controvert them. Factual
6contents, conclusions, documents and sources disclosed by the
7court under this paragraph shall not be further disclosed
8without the express approval of the court.
9    (3) On its own motion or that of the State's Attorney, a
10parent, guardian, legal custodian, or counsel, the court may
11adjourn the hearing for a reasonable period to receive reports
12or other evidence and, in such event, shall make an
13appropriate order for detention of the minor or the minor's
14release from detention subject to supervision by the court
15during the period of the continuance. In the event the court
16shall order detention hereunder, the period of the continuance
17shall not exceed 30 court days. At the end of such time, the
18court shall release the minor from detention unless notice is
19served at least 3 days prior to the hearing on the continued
20date that the State will be seeking an extension of the period
21of detention, which notice shall state the reason for the
22request for the extension. The extension of detention may be
23for a maximum period of an additional 15 court days or a lesser
24number of days at the discretion of the court. However, at the
25expiration of the period of extension, the court shall release
26the minor from detention if a further continuance is granted.

 

 

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1In scheduling investigations and hearings, the court shall
2give priority to proceedings in which a minor is in detention
3or has otherwise been removed from the minor's home before a
4sentencing order has been made.
5    (4) When commitment to the Department of Juvenile Justice
6is ordered, the court shall state the basis for selecting the
7particular disposition, and the court shall prepare such a
8statement for inclusion in the record.
9    (5) Before a sentencing order is entered by the court
10under Section 5-710 for a minor adjudged delinquent for a
11violation of paragraph (3.5) of subsection (a) of Section 26-1
12of the Criminal Code of 2012, in which the minor made a threat
13of violence, death, or bodily harm against a person, school,
14school function, or school event, the court may order a mental
15health evaluation of the minor by a physician, clinical
16psychologist, or qualified examiner, whether employed by the
17State, by any public or private mental health facility or part
18of the facility, or by any public or private medical facility
19or part of the facility. A statement made by a minor during the
20course of a mental health evaluation conducted under this
21subsection (5) is not admissible on the issue of delinquency
22during the course of an adjudicatory hearing held under this
23Act. Neither the physician, clinical psychologist, or
24qualified examiner, or the employer of the physician, clinical
25psychologist, or qualified examiner, shall be held criminally,
26civilly, or professionally liable for performing a mental

 

 

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1health examination under this subsection (5), except for
2willful or wanton misconduct. In this subsection (5),
3"qualified examiner" has the meaning provided in Section 1-122
4of the Mental Health and Developmental Disabilities Code.
5(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)
 
6    (705 ILCS 405/5-710)
7    Sec. 5-710. Kinds of sentencing orders.
8    (1) The following kinds of sentencing orders may be made
9in respect of wards of the court:
10        (a) Except as provided in Sections 5-805, 5-810, and
11    5-815, a minor who is found guilty under Section 5-620 may
12    be:
13            (i) put on probation or conditional discharge and
14        released to the minor's parents, guardian or legal
15        custodian, provided, however, that any such minor who
16        is not committed to the Department of Juvenile Justice
17        under this subsection and who is found to be a
18        delinquent for an offense which is first degree
19        murder, a Class X felony, or a forcible felony shall be
20        placed on probation;
21            (ii) placed in accordance with Section 5-740, with
22        or without also being put on probation or conditional
23        discharge;
24            (iii) required to undergo a substance abuse
25        assessment conducted by a licensed provider and

 

 

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1        participate in the indicated clinical level of care;
2            (iv) on and after January 1, 2015 (the effective
3        date of Public Act 98-803) and before January 1, 2017,
4        placed in the guardianship of the Department of
5        Children and Family Services, but only if the
6        delinquent minor is under 16 years of age or, pursuant
7        to Article II of this Act, a minor under the age of 18
8        for whom an independent basis of abuse, neglect, or
9        dependency exists. On and after January 1, 2017,
10        placed in the guardianship of the Department of
11        Children and Family Services, but only if the
12        delinquent minor is under 15 years of age or, pursuant
13        to Article II of this Act, a minor for whom an
14        independent basis of abuse, neglect, or dependency
15        exists. An independent basis exists when the
16        allegations or adjudication of abuse, neglect, or
17        dependency do not arise from the same facts, incident,
18        or circumstances which give rise to a charge or
19        adjudication of delinquency;
20            (v) placed in detention for a period not to exceed
21        30 days, either as the exclusive order of disposition
22        or, where appropriate, in conjunction with any other
23        order of disposition issued under this paragraph,
24        provided that any such detention shall be in a
25        juvenile detention home and the minor so detained
26        shall be 10 years of age or older. However, the 30-day

 

 

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1        limitation may be extended by further order of the
2        court for a minor under age 15 committed to the
3        Department of Children and Family Services if the
4        court finds that the minor is a danger to the minor or
5        others. The minor shall be given credit on the
6        sentencing order of detention for time spent in
7        detention under Sections 5-501, 5-601, 5-710, or 5-720
8        of this Article as a result of the offense for which
9        the sentencing order was imposed. The court may grant
10        credit on a sentencing order of detention entered
11        under a violation of probation or violation of
12        conditional discharge under Section 5-720 of this
13        Article for time spent in detention before the filing
14        of the petition alleging the violation. A minor shall
15        not be deprived of credit for time spent in detention
16        before the filing of a violation of probation or
17        conditional discharge alleging the same or related act
18        or acts. The limitation that the minor shall only be
19        placed in a juvenile detention home does not apply as
20        follows:
21            Persons 18 years of age and older who have a
22        petition of delinquency filed against them may be
23        confined in an adult detention facility. In making a
24        determination whether to confine a person 18 years of
25        age or older who has a petition of delinquency filed
26        against the person, these factors, among other

 

 

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1        matters, shall be considered:
2                (A) the age of the person;
3                (B) any previous delinquent or criminal
4            history of the person;
5                (C) any previous abuse or neglect history of
6            the person;
7                (D) any mental health history of the person;
8            and
9                (E) any educational history of the person;
10            (vi) ordered partially or completely emancipated
11        in accordance with the provisions of the Emancipation
12        of Minors Act;
13            (vii) subject to having the minor's driver's
14        license or driving privileges suspended for such time
15        as determined by the court but only until the minor
16        attains 18 years of age;
17            (viii) put on probation or conditional discharge
18        and placed in detention under Section 3-6039 of the
19        Counties Code for a period not to exceed the period of
20        incarceration permitted by law for adults found guilty
21        of the same offense or offenses for which the minor was
22        adjudicated delinquent, and in any event no longer
23        than upon attainment of age 21; this subdivision
24        (viii) notwithstanding any contrary provision of the
25        law;
26            (ix) ordered to undergo a medical or other

 

 

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1        procedure to have a tattoo symbolizing allegiance to a
2        street gang removed from the minor's body; or
3            (x) placed in electronic monitoring or home
4        detention under Part 7A of this Article.
5        (b) A minor found to be guilty may be committed to the
6    Department of Juvenile Justice under Section 5-750 if the
7    minor is at least 13 years and under 20 years of age,
8    provided that the commitment to the Department of Juvenile
9    Justice shall be made only if the minor was found guilty of
10    a felony offense or first degree murder. The court shall
11    include in the sentencing order any pre-custody credits
12    the minor is entitled to under Section 5-4.5-100 of the
13    Unified Code of Corrections. The time during which a minor
14    is in custody before being released upon the request of a
15    parent, guardian or legal custodian shall also be
16    considered as time spent in custody.
17        (c) When a minor is found to be guilty for an offense
18    which is a violation of the Illinois Controlled Substances
19    Act, the Cannabis Control Act, or the Methamphetamine
20    Control and Community Protection Act and made a ward of
21    the court, the court may enter a disposition order
22    requiring the minor to undergo assessment, counseling or
23    treatment in a substance use disorder treatment program
24    approved by the Department of Human Services.
25    (2) Any sentencing order other than commitment to the
26Department of Juvenile Justice may provide for protective

 

 

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1supervision under Section 5-725 and may include an order of
2protection under Section 5-730.
3    (3) Unless the sentencing order expressly so provides, it
4does not operate to close proceedings on the pending petition,
5but is subject to modification until final closing and
6discharge of the proceedings under Section 5-750.
7    (4) In addition to any other sentence, the court may order
8any minor found to be delinquent to make restitution, in
9monetary or non-monetary form, under the terms and conditions
10of Section 5-5-6 of the Unified Code of Corrections, except
11that the "presentencing hearing" referred to in that Section
12shall be the sentencing hearing for purposes of this Section.
13The parent, guardian or legal custodian of the minor may be
14ordered by the court to pay some or all of the restitution on
15the minor's behalf, pursuant to the Parental Responsibility
16Law. The State's Attorney is authorized to act on behalf of any
17victim in seeking restitution in proceedings under this
18Section, up to the maximum amount allowed in Section 5 of the
19Parental Responsibility Law.
20    (5) Any sentencing order where the minor is committed or
21placed in accordance with Section 5-740 shall provide for the
22parents or guardian of the estate of the minor to pay to the
23legal custodian or guardian of the person of the minor such
24sums as are determined by the custodian or guardian of the
25person of the minor as necessary for the minor's needs. The
26payments may not exceed the maximum amounts provided for by

 

 

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1Section 9.1 of the Children and Family Services Act.
2    (6) Whenever the sentencing order requires the minor to
3attend school or participate in a program of training, the
4truant officer or designated school official shall regularly
5report to the court if the minor is a chronic or habitual
6truant under Section 26-2a of the School Code. Notwithstanding
7any other provision of this Act, in instances in which
8educational services are to be provided to a minor in a
9residential facility where the minor has been placed by the
10court, costs incurred in the provision of those educational
11services must be allocated based on the requirements of the
12School Code.
13    (7) In no event shall a guilty minor be committed to the
14Department of Juvenile Justice for a period of time in excess
15of that period for which an adult could be committed for the
16same act. The court shall include in the sentencing order a
17limitation on the period of confinement not to exceed the
18maximum period of imprisonment the court could impose under
19Chapter V of the Unified Code of Corrections.
20    (7.5) In no event shall a guilty minor be committed to the
21Department of Juvenile Justice or placed in detention when the
22act for which the minor was adjudicated delinquent would not
23be illegal if committed by an adult.
24    (7.6) In no event shall a guilty minor be committed to the
25Department of Juvenile Justice for an offense which is a Class
264 felony under Section 19-4 (criminal trespass to a

 

 

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1residence), 21-1 (criminal damage to property), 21-1.01
2(criminal damage to government supported property), 21-1.3
3(criminal defacement of property), 26-1 (disorderly conduct),
4or 31-4 (obstructing justice) of the Criminal Code of 2012.
5    (7.75) In no event shall a guilty minor be committed to the
6Department of Juvenile Justice for an offense that is a Class 3
7or Class 4 felony violation of the Illinois Controlled
8Substances Act unless the commitment occurs upon a third or
9subsequent judicial finding of a violation of probation for
10substantial noncompliance with court-ordered treatment or
11programming.
12    (8) A minor found to be guilty for reasons that include a
13violation of Section 21-1.3 of the Criminal Code of 1961 or the
14Criminal Code of 2012 shall be ordered to perform community
15service for not less than 30 and not more than 120 hours, if
16community service is available in the jurisdiction. The
17community service shall include, but need not be limited to,
18the cleanup and repair of the damage that was caused by the
19violation or similar damage to property located in the
20municipality or county in which the violation occurred. The
21order may be in addition to any other order authorized by this
22Section. Community service shall not interfere with the school
23hours, school-related activities, or work commitments of the
24minor or the minor's parent, guardian, or legal custodian.
25    (8.5) A minor found to be guilty for reasons that include a
26violation of Section 3.02 or Section 3.03 of the Humane Care

 

 

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1for Animals Act or paragraph (d) of subsection (1) of Section
221-1 of the Criminal Code of 1961 or paragraph (4) of
3subsection (a) of Section 21-1 of the Criminal Code of 2012
4shall be ordered to undergo medical or psychiatric treatment
5rendered by a psychiatrist or psychological treatment rendered
6by a clinical psychologist. The order may be in addition to any
7other order authorized by this Section.
8    (9) In addition to any other sentencing order, the court
9shall order any minor found to be guilty for an act which would
10constitute, predatory criminal sexual assault of a child,
11aggravated criminal sexual assault, criminal sexual assault,
12aggravated criminal sexual abuse, or criminal sexual abuse if
13committed by an adult to undergo medical testing to determine
14whether the defendant has any sexually transmissible disease
15including a test for infection with human immunodeficiency
16virus (HIV) or any other identified causative agency of
17acquired immunodeficiency syndrome (AIDS). Any medical test
18shall be performed only by appropriately licensed medical
19practitioners and may include an analysis of any bodily fluids
20as well as an examination of the minor's person. Except as
21otherwise provided by law, the results of the test shall be
22kept strictly confidential by all medical personnel involved
23in the testing and must be personally delivered in a sealed
24envelope to the judge of the court in which the sentencing
25order was entered for the judge's inspection in camera. Acting
26in accordance with the best interests of the victim and the

 

 

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1public, the judge shall have the discretion to determine to
2whom the results of the testing may be revealed. The court
3shall notify the minor of the results of the test for infection
4with the human immunodeficiency virus (HIV). The court shall
5also notify the victim if requested by the victim, and if the
6victim is under the age of 15 and if requested by the victim's
7parents or legal guardian, the court shall notify the victim's
8parents or the legal guardian, of the results of the test for
9infection with the human immunodeficiency virus (HIV). The
10court shall provide information on the availability of HIV
11testing and counseling at the Department of Public Health
12facilities to all parties to whom the results of the testing
13are revealed. The court shall order that the cost of any test
14shall be paid by the county.
15    (10) When a court finds a minor to be guilty the court
16shall, before entering a sentencing order under this Section,
17make a finding whether the offense committed either: (a) was
18related to or in furtherance of the criminal activities of an
19organized gang or was motivated by the minor's membership in
20or allegiance to an organized gang, or (b) involved a
21violation of subsection (a) of Section 12-7.1 of the Criminal
22Code of 1961 or the Criminal Code of 2012, a violation of any
23Section of Article 24 of the Criminal Code of 1961 or the
24Criminal Code of 2012, or a violation of any statute that
25involved the wrongful use of a firearm. If the court
26determines the question in the affirmative, and the court does

 

 

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1not commit the minor to the Department of Juvenile Justice,
2the court shall order the minor to perform community service
3for not less than 30 hours nor more than 120 hours, provided
4that community service is available in the jurisdiction and is
5funded and approved by the county board of the county where the
6offense was committed. The community service shall include,
7but need not be limited to, the cleanup and repair of any
8damage caused by a violation of Section 21-1.3 of the Criminal
9Code of 1961 or the Criminal Code of 2012 and similar damage to
10property located in the municipality or county in which the
11violation occurred. When possible and reasonable, the
12community service shall be performed in the minor's
13neighborhood. This order shall be in addition to any other
14order authorized by this Section except for an order to place
15the minor in the custody of the Department of Juvenile
16Justice. Community service shall not interfere with the school
17hours, school-related activities, or work commitments of the
18minor or the minor's parent, guardian, or legal custodian. For
19the purposes of this Section, "organized gang" has the meaning
20ascribed to it in Section 10 of the Illinois Streetgang
21Terrorism Omnibus Prevention Act.
22    (11) If the court determines that the offense was
23committed in furtherance of the criminal activities of an
24organized gang, as provided in subsection (10), and that the
25offense involved the operation or use of a motor vehicle or the
26use of a driver's license or permit, the court shall notify the

 

 

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1Secretary of State of that determination and of the period for
2which the minor shall be denied driving privileges. If, at the
3time of the determination, the minor does not hold a driver's
4license or permit, the court shall provide that the minor
5shall not be issued a driver's license or permit until the
6minor's 18th birthday. If the minor holds a driver's license
7or permit at the time of the determination, the court shall
8provide that the minor's driver's license or permit shall be
9revoked until the minor's 21st birthday, or until a later date
10or occurrence determined by the court. If the minor holds a
11driver's license at the time of the determination, the court
12may direct the Secretary of State to issue the minor a judicial
13driving permit, also known as a JDP. The JDP shall be subject
14to the same terms as a JDP issued under Section 6-206.1 of the
15Illinois Vehicle Code, except that the court may direct that
16the JDP be effective immediately.
17    (12) (Blank).
18    (13) Fines and assessments, including any fee or
19administrative cost authorized under Section 5-4.5-105,
205-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the
21Unified Code of Corrections, relating to any sentencing order
22shall not be ordered or imposed on a minor or the minor's
23parent, guardian, or legal custodian. The inability of a
24minor, or minor's parent, guardian, or legal custodian, to
25cover the costs associated with an appropriate sentencing
26order shall not be the basis for the court to enter a

 

 

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1sentencing order incongruent with the court's findings
2regarding the offense on which the minor was adjudicated or
3the mitigating factors.
4(Source: P.A. 102-558, eff. 8-20-21; 103-22, eff. 8-8-23;
5103-379, eff. 7-28-23; revised 8-25-23.)
 
6    (705 ILCS 405/5-715)
7    Sec. 5-715. Probation.
8    (1) The period of probation or conditional discharge shall
9not exceed 5 years or until the minor has attained the age of
1021 years, whichever is less, except as provided in this
11Section for a minor who is found to be guilty for an offense
12which is first degree murder. The juvenile court may terminate
13probation or conditional discharge and discharge the minor at
14any time if warranted by the conduct of the minor and the ends
15of justice; provided, however, that the period of probation
16for a minor who is found to be guilty for an offense which is
17first degree murder shall be at least 5 years.
18    (1.5) The period of probation for a minor who is found
19guilty of aggravated criminal sexual assault, criminal sexual
20assault, or aggravated battery with a firearm shall be at
21least 36 months. The period of probation for a minor who is
22found to be guilty of any other Class X felony shall be at
23least 24 months. The period of probation for a Class 1 or Class
242 forcible felony shall be at least 18 months. Regardless of
25the length of probation ordered by the court, for all offenses

 

 

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1under this subsection paragraph (1.5), the court shall
2schedule hearings to determine whether it is in the best
3interest of the minor and public safety to terminate probation
4after the minimum period of probation has been served. In such
5a hearing, there shall be a rebuttable presumption that it is
6in the best interest of the minor and public safety to
7terminate probation.
8    (2) The court may as a condition of probation or of
9conditional discharge require that the minor:
10        (a) not violate any criminal statute of any
11    jurisdiction;
12        (b) make a report to and appear in person before any
13    person or agency as directed by the court;
14        (c) work or pursue a course of study or vocational
15    training;
16        (d) undergo medical or psychiatric treatment, rendered
17    by a psychiatrist or psychological treatment rendered by a
18    clinical psychologist or social work services rendered by
19    a clinical social worker, or treatment for drug addiction
20    or alcoholism;
21        (e) attend or reside in a facility established for the
22    instruction or residence of persons on probation;
23        (f) support the minor's dependents, if any;
24        (g) refrain from possessing a firearm or other
25    dangerous weapon, or an automobile;
26        (h) permit the probation officer to visit the minor at

 

 

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1    the minor's home or elsewhere;
2        (i) reside with the minor's parents or in a foster
3    home;
4        (j) attend school;
5        (j-5) with the consent of the superintendent of the
6    facility, attend an educational program at a facility
7    other than the school in which the offense was committed
8    if the minor committed a crime of violence as defined in
9    Section 2 of the Crime Victims Compensation Act in a
10    school, on the real property comprising a school, or
11    within 1,000 feet of the real property comprising a
12    school;
13        (k) attend a non-residential program for youth;
14        (l) make restitution under the terms of subsection (4)
15    of Section 5-710;
16        (m) provide nonfinancial contributions to the minor's
17    own support at home or in a foster home;
18        (n) perform some reasonable public or community
19    service that does not interfere with school hours,
20    school-related activities, or work commitments of the
21    minor or the minor's parent, guardian, or legal custodian;
22        (o) participate with community corrections programs
23    including unified delinquency intervention services
24    administered by the Department of Human Services subject
25    to Section 5 of the Children and Family Services Act;
26        (p) (blank);

 

 

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1        (q) serve a term of home confinement. In addition to
2    any other applicable condition of probation or conditional
3    discharge, the conditions of home confinement shall be
4    that the minor:
5            (i) remain within the interior premises of the
6        place designated for the minor's confinement during
7        the hours designated by the court;
8            (ii) admit any person or agent designated by the
9        court into the minor's place of confinement at any
10        time for purposes of verifying the minor's compliance
11        with the conditions of the minor's confinement; and
12            (iii) use an approved electronic monitoring device
13        if ordered by the court subject to Article 8A of
14        Chapter V of the Unified Code of Corrections;
15        (r) refrain from entering into a designated geographic
16    area except upon terms as the court finds appropriate. The
17    terms may include consideration of the purpose of the
18    entry, the time of day, other persons accompanying the
19    minor, and advance approval by a probation officer, if the
20    minor has been placed on probation, or advance approval by
21    the court, if the minor has been placed on conditional
22    discharge;
23        (s) refrain from having any contact, directly or
24    indirectly, with certain specified persons or particular
25    types of persons, including, but not limited to, members
26    of street gangs and drug users or dealers;

 

 

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1        (s-5) undergo a medical or other procedure to have a
2    tattoo symbolizing allegiance to a street gang removed
3    from the minor's body;
4        (t) refrain from having in the minor's body the
5    presence of any illicit drug prohibited by the Cannabis
6    Control Act, the Illinois Controlled Substances Act, or
7    the Methamphetamine Control and Community Protection Act,
8    unless prescribed by a physician, and shall submit samples
9    of the minor's blood or urine or both for tests to
10    determine the presence of any illicit drug; or
11        (u) comply with other conditions as may be ordered by
12    the court.
13    (3) The court may as a condition of probation or of
14conditional discharge require that a minor found guilty on any
15alcohol, cannabis, methamphetamine, or controlled substance
16violation, refrain from acquiring a driver's license during
17the period of probation or conditional discharge. If the minor
18is in possession of a permit or license, the court may require
19that the minor refrain from driving or operating any motor
20vehicle during the period of probation or conditional
21discharge, except as may be necessary in the course of the
22minor's lawful employment.
23    (3.5) The court shall, as a condition of probation or of
24conditional discharge, require that a minor found to be guilty
25and placed on probation for reasons that include a violation
26of Section 3.02 or Section 3.03 of the Humane Care for Animals

 

 

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1Act or paragraph (4) of subsection (a) of Section 21-1 of the
2Criminal Code of 2012 undergo medical or psychiatric treatment
3rendered by a psychiatrist or psychological treatment rendered
4by a clinical psychologist. The condition may be in addition
5to any other condition.
6    (3.10) The court shall order that a minor placed on
7probation or conditional discharge for a sex offense as
8defined in the Sex Offender Management Board Act undergo and
9successfully complete sex offender treatment. The treatment
10shall be in conformance with the standards developed under the
11Sex Offender Management Board Act and conducted by a treatment
12provider approved by the Board.
13    (4) A minor on probation or conditional discharge shall be
14given a certificate setting forth the conditions upon which
15the minor is being released.
16    (5) (Blank).
17    (5.5) Jurisdiction over an offender may be transferred
18from the sentencing court to the court of another circuit with
19the concurrence of both courts. Further transfers or
20retransfers of jurisdiction are also authorized in the same
21manner. The court to which jurisdiction has been transferred
22shall have the same powers as the sentencing court.
23    If the transfer case originated in another state and has
24been transferred under the Interstate Compact for Juveniles to
25the jurisdiction of an Illinois circuit court for supervision
26by an Illinois probation department, probation fees may be

 

 

HB4844 Engrossed- 1859 -LRB103 39009 AMC 69146 b

1imposed only if permitted by the Interstate Commission for
2Juveniles.
3    (6) The General Assembly finds that in order to protect
4the public, the juvenile justice system must compel compliance
5with the conditions of probation by responding to violations
6with swift, certain, and fair punishments and intermediate
7sanctions. The Chief Judge of each circuit shall adopt a
8system of structured, intermediate sanctions for violations of
9the terms and conditions of a sentence of supervision,
10probation, or conditional discharge, under this Act.
11    The court shall provide as a condition of a disposition of
12probation, conditional discharge, or supervision, that the
13probation agency may invoke any sanction from the list of
14intermediate sanctions adopted by the chief judge of the
15circuit court for violations of the terms and conditions of
16the sentence of probation, conditional discharge, or
17supervision, subject to the provisions of Section 5-720 of
18this Act.
19    (7) Fines and assessments, including any fee or
20administrative cost authorized under Section 5-4.5-105,
215-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the
22Unified Code of Corrections, shall not be ordered or imposed
23on a minor or the minor's parent, guardian, or legal custodian
24as a condition of probation, conditional discharge, or
25supervision. If the minor or the minor's parent, guardian, or
26legal custodian is unable to cover the cost of a condition

 

 

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1under this subsection, the court shall not preclude the minor
2from receiving probation, conditional discharge, or
3supervision based on the inability to pay. Inability to pay
4shall not be grounds to object to the minor's placement on
5probation, conditional discharge, or supervision.
6(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;
7revised 9-25-23.)
 
8    (705 ILCS 405/5-810)
9    Sec. 5-810. Extended jurisdiction juvenile prosecutions.
10    (1)(a) If the State's Attorney files a petition, at any
11time prior to commencement of the minor's trial, to designate
12the proceeding as an extended jurisdiction juvenile
13prosecution and the petition alleges the commission by a minor
1413 years of age or older of any offense which would be a felony
15if committed by an adult, and, if the juvenile judge assigned
16to hear and determine petitions to designate the proceeding as
17an extended jurisdiction juvenile prosecution determines that
18there is probable cause to believe that the allegations in the
19petition and motion are true, there is a rebuttable
20presumption that the proceeding shall be designated as an
21extended jurisdiction juvenile proceeding.
22    (b) The judge shall enter an order designating the
23proceeding as an extended jurisdiction juvenile proceeding
24unless the judge makes a finding based on clear and convincing
25evidence that sentencing under the Chapter V of the Unified

 

 

HB4844 Engrossed- 1861 -LRB103 39009 AMC 69146 b

1Code of Corrections would not be appropriate for the minor
2based on an evaluation of the following factors:
3        (i) the age of the minor;
4        (ii) the history of the minor, including:
5            (A) any previous delinquent or criminal history of
6        the minor,
7            (B) any previous abuse or neglect history of the
8        minor,
9            (C) any mental health, physical and/or educational
10        history of the minor, and
11            (D) any involvement of the minor in the child
12        welfare system;
13        (iii) the circumstances of the offense, including:
14            (A) the seriousness of the offense,
15            (B) whether the minor is charged through
16        accountability,
17            (C) whether there is evidence the offense was
18        committed in an aggressive and premeditated manner,
19            (D) whether there is evidence the offense caused
20        serious bodily harm,
21            (E) whether there is evidence the minor possessed
22        a deadly weapon,
23            (F) whether there is evidence the minor was
24        subjected to outside pressure, including peer
25        pressure, familial pressure, or negative influences,
26        and

 

 

HB4844 Engrossed- 1862 -LRB103 39009 AMC 69146 b

1            (G) the minor's degree of participation and
2        specific role in the offense;
3        (iv) the advantages of treatment within the juvenile
4    justice system including whether there are facilities or
5    programs, or both, particularly available in the juvenile
6    system;
7        (v) whether the security of the public requires
8    sentencing under Chapter V of the Unified Code of
9    Corrections:
10            (A) the minor's history of services, including the
11        minor's willingness to participate meaningfully in
12        available services;
13            (B) whether there is a reasonable likelihood that
14        the minor can be rehabilitated before the expiration
15        of the juvenile court's jurisdiction;
16            (C) the adequacy of the punishment or services.
17    In considering these factors, the court shall give greater
18weight to the seriousness of the alleged offense, and the
19minor's prior record of delinquency than to other factors
20listed in this subsection.
21    (2) Procedures for extended jurisdiction juvenile
22prosecutions. The State's Attorney may file a written motion
23for a proceeding to be designated as an extended juvenile
24jurisdiction prior to commencement of trial. Notice of the
25motion shall be in compliance with Section 5-530. When the
26State's Attorney files a written motion that a proceeding be

 

 

HB4844 Engrossed- 1863 -LRB103 39009 AMC 69146 b

1designated an extended jurisdiction juvenile prosecution, the
2court shall commence a hearing within 30 days of the filing of
3the motion for designation, unless good cause is shown by the
4prosecution or the minor as to why the hearing could not be
5held within this time period. If the court finds good cause has
6been demonstrated, then the hearing shall be held within 60
7days of the filing of the motion. The hearings shall be open to
8the public unless the judge finds that the hearing should be
9closed for the protection of any party, victim or witness. If
10the Juvenile Judge assigned to hear and determine a motion to
11designate an extended jurisdiction juvenile prosecution
12determines that there is probable cause to believe that the
13allegations in the petition and motion are true the court
14shall grant the motion for designation. Information used by
15the court in its findings or stated in or offered in connection
16with this Section may be by way of proffer based on reliable
17information offered by the State or the minor. All evidence
18shall be admissible if it is relevant and reliable regardless
19of whether it would be admissible under the rules of evidence.
20    (3) Trial. A minor who is subject of an extended
21jurisdiction juvenile prosecution has the right to trial by
22jury. Any trial under this Section shall be open to the public.
23    (4) Sentencing. If an extended jurisdiction juvenile
24prosecution under subsection (1) results in a guilty plea, a
25verdict of guilty, or a finding of guilt, the court shall
26impose the following:

 

 

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1        (i) one or more juvenile sentences under Section
2    5-710; and
3        (ii) an adult criminal sentence in accordance with the
4    provisions of Section 5-4.5-105 of the Unified Code of
5    Corrections, the execution of which shall be stayed on the
6    condition that the offender not violate the provisions of
7    the juvenile sentence.
8Any sentencing hearing under this Section shall be open to the
9public.
10    (5) If, after an extended jurisdiction juvenile
11prosecution trial, a minor is convicted of a lesser-included
12offense or of an offense that the State's Attorney did not
13designate as an extended jurisdiction juvenile prosecution,
14the State's Attorney may file a written motion, within 10 days
15of the finding of guilt, that the minor be sentenced as an
16extended jurisdiction juvenile prosecution offender. The court
17shall rule on this motion using the factors found in paragraph
18(1)(b) of Section 5-805. If the court denies the State's
19Attorney's motion for sentencing under the extended
20jurisdiction juvenile prosecution provision, the court shall
21proceed to sentence the minor under Section 5-710.
22    (6) When it appears that a minor convicted in an extended
23jurisdiction juvenile prosecution under subsection (1) has
24violated the conditions of the minor's sentence, or is alleged
25to have committed a new offense upon the filing of a petition
26to revoke the stay, the court may, without notice, issue a

 

 

HB4844 Engrossed- 1865 -LRB103 39009 AMC 69146 b

1warrant for the arrest of the minor. After a hearing, if the
2court finds by a preponderance of the evidence that the minor
3committed a new offense, the court shall order execution of
4the previously imposed adult criminal sentence. After a
5hearing, if the court finds by a preponderance of the evidence
6that the minor committed a violation of the minor's sentence
7other than by a new offense, the court may order execution of
8the previously imposed adult criminal sentence or may continue
9the minor on the existing juvenile sentence with or without
10modifying or enlarging the conditions. Upon revocation of the
11stay of the adult criminal sentence and imposition of that
12sentence, the minor's extended jurisdiction juvenile status
13shall be terminated. The on-going jurisdiction over the
14minor's case shall be assumed by the adult criminal court and
15juvenile court jurisdiction shall be terminated and a report
16of the imposition of the adult sentence shall be sent to the
17Illinois State Police.
18    (7) Upon successful completion of the juvenile sentence
19the court shall vacate the adult criminal sentence.
20    (8) Nothing in this Section precludes the State from
21filing a motion for transfer under Section 5-805.
22(Source: P.A. 103-22, eff. 8-8-23; 103-191, eff. 1-1-24;
23revised 12-15-23.)
 
24    (705 ILCS 405/5-915)
25    Sec. 5-915. Expungement of juvenile law enforcement and

 

 

HB4844 Engrossed- 1866 -LRB103 39009 AMC 69146 b

1juvenile court records.
2    (0.05) (Blank).
3    (0.1)(a) The Illinois State Police and all law enforcement
4agencies within the State shall automatically expunge, on or
5before January 1 of each year, except as described in
6paragraph (c) of this subsection (0.1), all juvenile law
7enforcement records relating to events occurring before an
8individual's 18th birthday if:
9        (1) one year or more has elapsed since the date of the
10    arrest or law enforcement interaction documented in the
11    records;
12        (2) no petition for delinquency or criminal charges
13    were filed with the clerk of the circuit court relating to
14    the arrest or law enforcement interaction documented in
15    the records; and
16        (3) 6 months have elapsed since the date of the arrest
17    without an additional subsequent arrest or filing of a
18    petition for delinquency or criminal charges whether
19    related or not to the arrest or law enforcement
20    interaction documented in the records.
21    (b) If the law enforcement agency is unable to verify
22satisfaction of conditions (2) and (3) of this subsection
23(0.1), records that satisfy condition (1) of this subsection
24(0.1) shall be automatically expunged if the records relate to
25an offense that if committed by an adult would not be an
26offense classified as a Class 2 felony or higher, an offense

 

 

HB4844 Engrossed- 1867 -LRB103 39009 AMC 69146 b

1under Article 11 of the Criminal Code of 1961 or Criminal Code
2of 2012, or an offense under Section 12-13, 12-14, 12-14.1,
312-15, or 12-16 of the Criminal Code of 1961.
4    (c) If the juvenile law enforcement record was received
5through a public submission to a statewide student
6confidential reporting system administered by the Illinois
7State Police, the record will be maintained for a period of 5
8years according to all other provisions in this subsection
9(0.1).
10    (0.15) If a juvenile law enforcement record meets
11paragraph (a) of subsection (0.1) of this Section, a juvenile
12law enforcement record created:
13        (1) prior to January 1, 2018, but on or after January
14    1, 2013 shall be automatically expunged prior to January
15    1, 2020;
16        (2) prior to January 1, 2013, but on or after January
17    1, 2000, shall be automatically expunged prior to January
18    1, 2023; and
19        (3) prior to January 1, 2000 shall not be subject to
20    the automatic expungement provisions of this Act.
21    Nothing in this subsection (0.15) shall be construed to
22restrict or modify an individual's right to have the person's
23juvenile law enforcement records expunged except as otherwise
24may be provided in this Act.
25    (0.2)(a) Upon dismissal of a petition alleging delinquency
26or upon a finding of not delinquent, the successful

 

 

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1termination of an order of supervision, or the successful
2termination of an adjudication for an offense which would be a
3Class B misdemeanor, Class C misdemeanor, or a petty or
4business offense if committed by an adult, the court shall
5automatically order the expungement of the juvenile court
6records and juvenile law enforcement records. The clerk shall
7deliver a certified copy of the expungement order to the
8Illinois State Police and the arresting agency. Upon request,
9the State's Attorney shall furnish the name of the arresting
10agency. The expungement shall be completed within 60 business
11days after the receipt of the expungement order.
12    (b) If the chief law enforcement officer of the agency, or
13the chief law enforcement officer's designee, certifies in
14writing that certain information is needed for a pending
15investigation involving the commission of a felony, that
16information, and information identifying the juvenile, may be
17retained until the statute of limitations for the felony has
18run. If the chief law enforcement officer of the agency, or the
19chief law enforcement officer's designee, certifies in writing
20that certain information is needed with respect to an internal
21investigation of any law enforcement office, that information
22and information identifying the juvenile may be retained
23within an intelligence file until the investigation is
24terminated or the disciplinary action, including appeals, has
25been completed, whichever is later. Retention of a portion of
26a juvenile's law enforcement record does not disqualify the

 

 

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1remainder of a juvenile's record from immediate automatic
2expungement.
3    (0.3)(a) Upon an adjudication of delinquency based on any
4offense except a disqualified offense, the juvenile court
5shall automatically order the expungement of the juvenile
6court and law enforcement records 2 years after the juvenile's
7case was closed if no delinquency or criminal proceeding is
8pending and the person has had no subsequent delinquency
9adjudication or criminal conviction. The clerk shall deliver a
10certified copy of the expungement order to the Illinois State
11Police and the arresting agency. Upon request, the State's
12Attorney shall furnish the name of the arresting agency. The
13expungement shall be completed within 60 business days after
14the receipt of the expungement order. In this subsection
15(0.3), "disqualified offense" means any of the following
16offenses: Section 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2,
1710-1, 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-9, 11-1.20, 11-1.30,
1811-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 12-2, 12-3.05,
1912-3.3, 12-4.4a, 12-5.02, 12-6.2, 12-6.5, 12-7.1, 12-7.5,
2012-20.5, 12-32, 12-33, 12-34, 12-34.5, 18-1, 18-2, 18-3, 18-4,
2118-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2, 24-1.2-5, 24-1.5,
2224-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9, 29D-14.9, 29D-20, 30-1,
2331-1a, 32-4a, or 33A-2 of the Criminal Code of 2012, or
24subsection (b) of Section 8-1, paragraph (4) of subsection (a)
25of Section 11-14.4, subsection (a-5) of Section 12-3.1,
26paragraph (1), (2), or (3) of subsection (a) of Section 12-6,

 

 

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1subsection (a-3) or (a-5) of Section 12-7.3, paragraph (1) or
2(2) of subsection (a) of Section 12-7.4, subparagraph (i) of
3paragraph (1) of subsection (a) of Section 12-9, subparagraph
4(H) of paragraph (3) of subsection (a) of Section 24-1.6,
5paragraph (1) of subsection (a) of Section 25-1, or subsection
6(a-7) of Section 31-1 of the Criminal Code of 2012.
7    (b) If the chief law enforcement officer of the agency, or
8the chief law enforcement officer's designee, certifies in
9writing that certain information is needed for a pending
10investigation involving the commission of a felony, that
11information, and information identifying the juvenile, may be
12retained in an intelligence file until the investigation is
13terminated or for one additional year, whichever is sooner.
14Retention of a portion of a juvenile's juvenile law
15enforcement record does not disqualify the remainder of a
16juvenile's record from immediate automatic expungement.
17    (0.4) Automatic expungement for the purposes of this
18Section shall not require law enforcement agencies to
19obliterate or otherwise destroy juvenile law enforcement
20records that would otherwise need to be automatically expunged
21under this Act, except after 2 years following the subject
22arrest for purposes of use in civil litigation against a
23governmental entity or its law enforcement agency or personnel
24which created, maintained, or used the records. However, these
25juvenile law enforcement records shall be considered expunged
26for all other purposes during this period and the offense,

 

 

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1which the records or files concern, shall be treated as if it
2never occurred as required under Section 5-923.
3    (0.5) Subsection (0.1) or (0.2) of this Section does not
4apply to violations of traffic, boating, fish and game laws,
5or county or municipal ordinances.
6    (0.6) Juvenile law enforcement records of a plaintiff who
7has filed civil litigation against the governmental entity or
8its law enforcement agency or personnel that created,
9maintained, or used the records, or juvenile law enforcement
10records that contain information related to the allegations
11set forth in the civil litigation may not be expunged until
12after 2 years have elapsed after the conclusion of the
13lawsuit, including any appeal.
14    (0.7) Officer-worn body camera recordings shall not be
15automatically expunged except as otherwise authorized by the
16Law Enforcement Officer-Worn Body Camera Act.
17    (1) Whenever a person has been arrested, charged, or
18adjudicated delinquent for an incident occurring before a
19person's 18th birthday that if committed by an adult would be
20an offense, and that person's juvenile law enforcement and
21juvenile court records are not eligible for automatic
22expungement under subsection (0.1), (0.2), or (0.3), the
23person may petition the court at any time at no cost to the
24person for expungement of juvenile law enforcement records and
25juvenile court records relating to the incident and, upon
26termination of all juvenile court proceedings relating to that

 

 

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1incident, the court shall order the expungement of all records
2in the possession of the Illinois State Police, the clerk of
3the circuit court, and law enforcement agencies relating to
4the incident, but only in any of the following circumstances:
5        (a) the minor was arrested and no petition for
6    delinquency was filed with the clerk of the circuit court;
7        (a-5) the minor was charged with an offense and the
8    petition or petitions were dismissed without a finding of
9    delinquency;
10        (b) the minor was charged with an offense and was
11    found not delinquent of that offense;
12        (c) the minor was placed under supervision under
13    Section 5-615, and the order of supervision has since been
14    successfully terminated; or
15        (d) the minor was adjudicated for an offense which
16    would be a Class B misdemeanor, Class C misdemeanor, or a
17    petty or business offense if committed by an adult.
18    (1.5) At no cost to the person, the Illinois State Police
19shall allow a person to use the Access and Review process,
20established in the Illinois State Police, for verifying that
21the person's juvenile law enforcement records relating to
22incidents occurring before the person's 18th birthday eligible
23under this Act have been expunged.
24    (1.6) (Blank).
25    (1.7) (Blank).
26    (1.8) (Blank).

 

 

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1    (2) Any person whose delinquency adjudications are not
2eligible for automatic expungement under subsection (0.3) of
3this Section may petition the court at no cost to the person to
4expunge all juvenile law enforcement records relating to any
5incidents occurring before the person's 18th birthday which
6did not result in proceedings in criminal court and all
7juvenile court records with respect to any adjudications
8except those based upon first degree murder or an offense
9under Article 11 of the Criminal Code of 2012 if the person is
10required to register under the Sex Offender Registration Act
11at the time the person petitions the court for expungement;
12provided that 2 years have elapsed since all juvenile court
13proceedings relating to the person have been terminated and
14the person's commitment to the Department of Juvenile Justice
15under this Act has been terminated.
16    (2.5) If a minor is arrested and no petition for
17delinquency is filed with the clerk of the circuit court at the
18time the minor is released from custody, the youth officer, if
19applicable, or other designated person from the arresting
20agency, shall notify verbally and in writing to the minor or
21the minor's parents or guardians that the minor shall have an
22arrest record and shall provide the minor and the minor's
23parents or guardians with an expungement information packet,
24information regarding this State's expungement laws including
25a petition to expunge juvenile law enforcement and juvenile
26court records obtained from the clerk of the circuit court.

 

 

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1    (2.6) If a minor is referred to court, then, at the time of
2sentencing, dismissal of the case, or successful completion of
3supervision, the judge shall inform the delinquent minor of
4the minor's rights regarding expungement and the clerk of the
5circuit court shall provide an expungement information packet
6to the minor, written in plain language, including information
7regarding this State's expungement laws and a petition for
8expungement, a sample of a completed petition, expungement
9instructions that shall include information informing the
10minor that (i) once the case is expunged, it shall be treated
11as if it never occurred, (ii) the minor shall not be charged a
12fee to petition for expungement, (iii) once the minor obtains
13an expungement, the minor may not be required to disclose that
14the minor had a juvenile law enforcement or juvenile court
15record, and (iv) if petitioning the minor may file the
16petition on the minor's own or with the assistance of an
17attorney. The failure of the judge to inform the delinquent
18minor of the minor's right to petition for expungement as
19provided by law does not create a substantive right, nor is
20that failure grounds for: (i) a reversal of an adjudication of
21delinquency; (ii) a new trial; or (iii) an appeal.
22    (2.7) (Blank).
23    (2.8) (Blank).
24    (3) (Blank).
25    (3.1) (Blank).
26    (3.2) (Blank).

 

 

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1    (3.3) (Blank).
2    (4) (Blank).
3    (5) (Blank).
4    (5.5) Whether or not expunged, records eligible for
5automatic expungement under subdivision (0.1)(a), (0.2)(a), or
6(0.3)(a) may be treated as expunged by the individual subject
7to the records.
8    (6) (Blank).
9    (6.5) The Illinois State Police or any employee of the
10Illinois State Police shall be immune from civil or criminal
11liability for failure to expunge any records of arrest that
12are subject to expungement under this Section because of
13inability to verify a record. Nothing in this Section shall
14create Illinois State Police liability or responsibility for
15the expungement of juvenile law enforcement records it does
16not possess.
17    (7) (Blank).
18    (7.5) (Blank).
19    (8) The expungement of juvenile law enforcement or
20juvenile court records under subsection (0.1), (0.2), or (0.3)
21of this Section shall be funded by appropriation by the
22General Assembly for that purpose.
23    (9) (Blank).
24    (10) (Blank).
25(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;
26102-752, eff. 1-1-23; 103-22, eff. 8-8-23; 103-154, eff.

 

 

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16-30-23; 103-379, eff. 7-28-23; revised 8-30-23.)
 
2    (705 ILCS 405/6-7)  (from Ch. 37, par. 806-7)
3    Sec. 6-7. Financial responsibility of counties.
4    (1) Each county board shall provide in its annual
5appropriation ordinance or annual budget, as the case may be,
6a reasonable sum for payments for the care and support of
7minors, and for payments for court appointed counsel in
8accordance with orders entered under this Act in an amount
9which in the judgment of the county board may be needed for
10that purpose. Such appropriation or budget item constitutes a
11separate fund into which shall be paid the moneys appropriated
12by the county board, and all reimbursements by other persons
13and by the State. For cases involving minors subject to
14Article III, IV, or V of this Act or minors under the age of 18
15transferred to adult court or excluded from juvenile court
16jurisdiction under Article V of this Act, the county board
17shall not seek reimbursement from a minor or the minor's
18parent, guardian, or legal custodian.
19    (2) No county may be charged with the care and support of
20any minor who is not a resident of the county unless the
21minor's parents or guardian are unknown or the minor's place
22of residence cannot be determined.
23    (3) No order upon the county for care and support of a
24minor may be entered until the president or chairman of the
25county board has had due notice that such a proceeding is

 

 

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1pending.
2(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;
3revised 8-30-23.)
 
4    (705 ILCS 405/6-9)  (from Ch. 37, par. 806-9)
5    Sec. 6-9. Enforcement of liability of parents and others.
6    (1) If parentage is at issue in any proceeding under this
7Act, other than cases involving those exceptions to the
8definition of parent set out in item (11) in Section 1-3, then
9the Illinois Parentage Act of 2015 shall apply and the court
10shall enter orders consistent with that Act. If it appears at
11any hearing that a parent or any other person named in the
12petition, liable under the law for the support of the minor, is
13able to contribute to the minor's support, the court shall
14enter an order requiring that parent or other person to pay the
15clerk of the court, or to the guardian or custodian appointed
16under Section 2-27, a reasonable sum from time to time for the
17care, support, and necessary special care or treatment of the
18minor. If the court determines at any hearing that a parent or
19any other person named in the petition, liable under the law
20for the support of the minor, is able to contribute to help
21defray the costs associated with the minor's detention in a
22county or regional detention center, the court shall enter an
23order requiring that parent or other person to pay the clerk of
24the court a reasonable sum for the care and support of the
25minor. The court may require reasonable security for the

 

 

HB4844 Engrossed- 1878 -LRB103 39009 AMC 69146 b

1payments. Upon failure to pay, the court may enforce obedience
2to the order by a proceeding as for contempt of court.
3    Costs associated with detention, legal representation, or
4other services or programs under Article III, IV, or V of this
5Act shall not be ordered or imposed on a parent, guardian, or
6legal custodian liable under the law for the support of a
7minor. the minor's the parent or other person the person's
8    (2) (Blank). the person the person the person's the person
9the person's the person the person's the person
10    (3) If the minor is a recipient of public aid under the
11Illinois Public Aid Code, the court shall order that payments
12made by a parent or through assignment of the parent's wages,
13salary, or commission be made directly to (a) the Department
14of Healthcare and Family Services if the minor is a recipient
15of aid under Article V of the Code, (b) the Department of Human
16Services if the minor is a recipient of aid under Article IV of
17the Code, or (c) the local governmental unit responsible for
18the support of the minor if the minor is a recipient under
19Article Articles VI or VII of the Code. The order shall permit
20the Department of Healthcare and Family Services, the
21Department of Human Services, or the local governmental unit,
22as the case may be, to direct that subsequent payments be made
23directly to the guardian or custodian of the minor, or to some
24other person or agency in the minor's behalf, upon removal of
25the minor from the public aid rolls; and upon such direction
26and removal of the minor from the public aid rolls, the

 

 

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1Department of Healthcare and Family Services, the Department
2of Human Services, or the local governmental unit, as the case
3requires, shall give written notice of such action to the
4court. Payments received by the Department of Healthcare and
5Family Services, the Department of Human Services, or the
6local governmental unit are to be covered, respectively, into
7the General Revenue Fund of the State Treasury or the General
8Assistance Fund of the governmental unit, as provided in
9Section 10-19 of the Illinois Public Aid Code.
10(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;
11revised 9-15-23.)
 
12    (705 ILCS 405/6-10)  (from Ch. 37, par. 806-10)
13    Sec. 6-10. State reimbursement of funds.
14    (a) Before the 15th day of each month, the clerk of the
15court shall itemize all payments received by the clerk under
16Section 6-9 during the preceding month and shall pay such
17amounts to the county treasurer. Before the 20th day of each
18month, the county treasurer shall file with the Department of
19Children and Family Services an itemized statement of the
20amount of money for the care and shelter of a minor placed in
21shelter care under Sections 2-7, 3-9, 4-6 or 5-410 or placed
22under Sections 2-27, 3-28, 4-25, or 5-740 before July 1, 1980
23and after June 30, 1981, paid by the county during the last
24preceding month pursuant to court order entered under Section
256-8, certified by the court, and an itemized account of all

 

 

HB4844 Engrossed- 1880 -LRB103 39009 AMC 69146 b

1payments received by the clerk of the court under Section 6-9
2during the preceding month and paid over to the county
3treasurer, certified by the county treasurer. The Department
4of Children and Family Services shall examine and audit the
5monthly statement and account, and upon finding them correct,
6shall voucher for payment to the county a sum equal to the
7amount so paid out by the county less the amount received by
8the clerk of the court under Section 6-9 and paid to the county
9treasurer but not more than an amount equal to the current
10average daily rate paid by the Department of Children and
11Family Services for similar services pursuant to Section 5a of
12the Children and Family Services Act, approved June 4, 1963,
13as amended. Reimbursement to the counties under this Section
14for care and support of minors in licensed child caring
15institutions must be made by the Department of Children and
16Family Services only for care in those institutions which have
17filed with the Department a certificate affirming that they
18admit minors on the basis of need without regard to race or
19ethnic origin.
20    (b) The county treasurer may file with the Department of
21Children and Family Services an itemized statement of the
22amount of money paid by the county during the last preceding
23month pursuant to court order entered under Section 6-8,
24certified by the court, and an itemized account of all
25payments received by the clerk of the court under Section 6-9
26during the preceding month and paid over to the county

 

 

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1treasurer, certified by the county treasurer. The Department
2of Children and Family Services shall examine and audit the
3monthly statement and account, and upon finding them correct,
4shall voucher for payment to the county a sum equal to the
5amount so paid out by the county less the amount received by
6the clerk of the court under Section 6-9 and paid to the county
7treasurer. Subject to appropriations for that purpose, the
8State shall reimburse the county for the care and shelter of a
9minor placed in detention as a result of any new provisions
10that are created by the Juvenile Justice Reform Provisions of
111998 (Public Act 90-590).
12(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)
 
13    Section 560. The Criminal Code of 2012 is amended by
14changing Sections 9-1, 24-1.9, 24-1.10, and 24-5.1 as follows:
 
15    (720 ILCS 5/9-1)  (from Ch. 38, par. 9-1)
16    Sec. 9-1. First degree murder.
17    (a) A person who kills an individual without lawful
18justification commits first degree murder if, in performing
19the acts which cause the death:
20        (1) he or she either intends to kill or do great bodily
21    harm to that individual or another, or knows that such
22    acts will cause death to that individual or another; or
23        (2) he or she knows that such acts create a strong
24    probability of death or great bodily harm to that

 

 

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1    individual or another; or
2        (3) he or she, acting alone or with one or more
3    participants, commits or attempts to commit a forcible
4    felony other than second degree murder, and in the course
5    of or in furtherance of such crime or flight therefrom, he
6    or she or another participant causes the death of a
7    person.
8    (b) (Blank).
9    (b-5) (Blank).
10    (c) (Blank).
11    (d) (Blank).
12    (e) (Blank).
13    (f) (Blank).
14    (g) (Blank).
15    (h) (Blank)..
16    (h-5) (Blank).
17    (i) (Blank).
18    (j) (Blank).
19    (k) (Blank).
20(Source: P.A. 103-51, eff. 1-1-24; revised 9-20-23.)
 
21    (720 ILCS 5/24-1.9)
22    Sec. 24-1.9. Manufacture, possession, delivery, sale, and
23purchase of assault weapons, .50 caliber rifles, and .50
24caliber cartridges.
25    (a) Definitions. In this Section:

 

 

HB4844 Engrossed- 1883 -LRB103 39009 AMC 69146 b

1    (1) "Assault weapon" means any of the following, except as
2provided in subdivision (2) of this subsection:
3        (A) A semiautomatic rifle that has the capacity to
4    accept a detachable magazine or that may be readily
5    modified to accept a detachable magazine, if the firearm
6    has one or more of the following:
7            (i) a pistol grip or thumbhole stock;
8            (ii) any feature capable of functioning as a
9        protruding grip that can be held by the non-trigger
10        hand;
11            (iii) a folding, telescoping, thumbhole, or
12        detachable stock, or a stock that is otherwise
13        foldable or adjustable in a manner that operates to
14        reduce the length, size, or any other dimension, or
15        otherwise enhances the concealability of, the weapon;
16            (iv) a flash suppressor;
17            (v) a grenade launcher;
18            (vi) a shroud attached to the barrel or that
19        partially or completely encircles the barrel, allowing
20        the bearer to hold the firearm with the non-trigger
21        hand without being burned, but excluding a slide that
22        encloses the barrel.
23        (B) A semiautomatic rifle that has a fixed magazine
24    with the capacity to accept more than 10 rounds, except
25    for an attached tubular device designed to accept, and
26    capable of operating only with, .22 caliber rimfire

 

 

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1    ammunition.
2        (C) A semiautomatic pistol that has the capacity to
3    accept a detachable magazine or that may be readily
4    modified to accept a detachable magazine, if the firearm
5    has one or more of the following:
6            (i) a threaded barrel;
7            (ii) a second pistol grip or another feature
8        capable of functioning as a protruding grip that can
9        be held by the non-trigger hand;
10            (iii) a shroud attached to the barrel or that
11        partially or completely encircles the barrel, allowing
12        the bearer to hold the firearm with the non-trigger
13        hand without being burned, but excluding a slide that
14        encloses the barrel;
15            (iv) a flash suppressor;
16            (v) the capacity to accept a detachable magazine
17        at some location outside of the pistol grip; or
18            (vi) a buffer tube, arm brace, or other part that
19        protrudes horizontally behind the pistol grip and is
20        designed or redesigned to allow or facilitate a
21        firearm to be fired from the shoulder.
22        (D) A semiautomatic pistol that has a fixed magazine
23    with the capacity to accept more than 15 rounds.
24        (E) Any shotgun with a revolving cylinder.
25        (F) A semiautomatic shotgun that has one or more of
26    the following:

 

 

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1            (i) a pistol grip or thumbhole stock;
2            (ii) any feature capable of functioning as a
3        protruding grip that can be held by the non-trigger
4        hand;
5            (iii) a folding or thumbhole stock;
6            (iv) a grenade launcher;
7            (v) a fixed magazine with the capacity of more
8        than 5 rounds; or
9            (vi) the capacity to accept a detachable magazine.
10        (G) Any semiautomatic firearm that has the capacity to
11    accept a belt ammunition feeding device.
12        (H) Any firearm that has been modified to be operable
13    as an assault weapon as defined in this Section.
14        (I) Any part or combination of parts designed or
15    intended to convert a firearm into an assault weapon,
16    including any combination of parts from which an assault
17    weapon may be readily assembled if those parts are in the
18    possession or under the control of the same person.
19        (J) All of the following rifles, copies, duplicates,
20    variants, or altered facsimiles with the capability of any
21    such weapon:
22            (i) All AK types, including the following:
23                (I) AK, AK47, AK47S, AK-74, AKM, AKS, ARM,
24            MAK90, MISR, NHM90, NHM91, SA85, SA93, Vector Arms
25            AK-47, VEPR, WASR-10, and WUM.
26                (II) IZHMASH Saiga AK.

 

 

HB4844 Engrossed- 1886 -LRB103 39009 AMC 69146 b

1                (III) MAADI AK47 and ARM.
2                (IV) Norinco 56S, 56S2, 84S, and 86S.
3                (V) Poly Technologies AK47 and AKS.
4                (VI) SKS with a detachable magazine.
5            (ii) all AR types, including the following:
6                (I) AR-10.
7                (II) AR-15.
8                (III) Alexander Arms Overmatch Plus 16.
9                (IV) Armalite M15 22LR Carbine.
10                (V) Armalite M15-T.
11                (VI) Barrett REC7.
12                (VII) Beretta AR-70.
13                (VIII) Black Rain Ordnance Recon Scout.
14                (IX) Bushmaster ACR.
15                (X) Bushmaster Carbon 15.
16                (XI) Bushmaster MOE series.
17                (XII) Bushmaster XM15.
18                (XIII) Chiappa Firearms MFour rifles.
19                (XIV) Colt Match Target rifles.
20                (XV) CORE Rifle Systems CORE15 rifles.
21                (XVI) Daniel Defense M4A1 rifles.
22                (XVII) Devil Dog Arms 15 Series rifles.
23                (XVIII) Diamondback DB15 rifles.
24                (XIX) DoubleStar AR rifles.
25                (XX) DPMS Tactical rifles.
26                (XXI) DSA Inc. ZM-4 Carbine.

 

 

HB4844 Engrossed- 1887 -LRB103 39009 AMC 69146 b

1                (XXII) Heckler & Koch MR556.
2                (XXIII) High Standard HSA-15 rifles.
3                (XXIV) Jesse James Nomad AR-15 rifle.
4                (XXV) Knight's Armament SR-15.
5                (XXVI) Lancer L15 rifles.
6                (XXVII) MGI Hydra Series rifles.
7                (XXVIII) Mossberg MMR Tactical rifles.
8                (XXIX) Noreen Firearms BN 36 rifle.
9                (XXX) Olympic Arms.
10                (XXXI) POF USA P415.
11                (XXXII) Precision Firearms AR rifles.
12                (XXXIII) Remington R-15 rifles.
13                (XXXIV) Rhino Arms AR rifles.
14                (XXXV) Rock River Arms LAR-15 or Rock River
15            Arms LAR-47.
16                (XXXVI) Sig Sauer SIG516 rifles and MCX
17            rifles.
18                (XXXVII) Smith & Wesson M&P15 rifles.
19                (XXXVIII) Stag Arms AR rifles.
20                (XXXIX) Sturm, Ruger & Co. SR556 and AR-556
21            rifles.
22                (XL) Uselton Arms Air-Lite M-4 rifles.
23                (XLI) Windham Weaponry AR rifles.
24                (XLII) WMD Guns Big Beast.
25                (XLIII) Yankee Hill Machine Company, Inc.
26            YHM-15 rifles.

 

 

HB4844 Engrossed- 1888 -LRB103 39009 AMC 69146 b

1            (iii) Barrett M107A1.
2            (iv) Barrett M82A1.
3            (v) Beretta CX4 Storm.
4            (vi) Calico Liberty Series.
5            (vii) CETME Sporter.
6            (viii) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and
7        AR 110C.
8            (ix) Fabrique Nationale/FN Herstal FAL, LAR, 22
9        FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000.
10            (x) Feather Industries AT-9.
11            (xi) Galil Model AR and Model ARM.
12            (xii) Hi-Point Carbine.
13            (xiii) HK-91, HK-93, HK-94, HK-PSG-1, and HK USC.
14            (xiv) IWI TAVOR, Galil ACE rifle.
15            (xv) Kel-Tec Sub-2000, SU-16, and RFB.
16            (xvi) SIG AMT, SIG PE-57, Sig Sauer SG 550, Sig
17        Sauer SG 551, and SIG MCX.
18            (xvii) Springfield Armory SAR-48.
19            (xviii) Steyr AUG.
20            (xix) Sturm, Ruger & Co. Mini-14 Tactical Rifle
21        M-14/20CF.
22            (xx) All Thompson rifles, including the following:
23                (I) Thompson M1SB.
24                (II) Thompson T1100D.
25                (III) Thompson T150D.
26                (IV) Thompson T1B.

 

 

HB4844 Engrossed- 1889 -LRB103 39009 AMC 69146 b

1                (V) Thompson T1B100D.
2                (VI) Thompson T1B50D.
3                (VII) Thompson T1BSB.
4                (VIII) Thompson T1-C.
5                (IX) Thompson T1D.
6                (X) Thompson T1SB.
7                (XI) Thompson T5.
8                (XII) Thompson T5100D.
9                (XIII) Thompson TM1.
10                (XIV) Thompson TM1C.
11            (xxi) UMAREX UZI rifle.
12            (xxii) UZI Mini Carbine, UZI Model A Carbine, and
13        UZI Model B Carbine.
14            (xxiii) Valmet M62S, M71S, and M78.
15            (xxiv) Vector Arms UZI Type.
16            (xxv) Weaver Arms Nighthawk.
17            (xxvi) Wilkinson Arms Linda Carbine.
18        (K) All of the following pistols, copies, duplicates,
19    variants, or altered facsimiles with the capability of any
20    such weapon thereof:
21            (i) All AK types, including the following:
22                (I) Centurion 39 AK pistol.
23                (II) CZ Scorpion pistol.
24                (III) Draco AK-47 pistol.
25                (IV) HCR AK-47 pistol.
26                (V) IO Inc. Hellpup AK-47 pistol.

 

 

HB4844 Engrossed- 1890 -LRB103 39009 AMC 69146 b

1                (VI) Krinkov pistol.
2                (VII) Mini Draco AK-47 pistol.
3                (VIII) PAP M92 pistol.
4                (IX) Yugo Krebs Krink pistol.
5            (ii) All AR types, including the following:
6                (I) American Spirit AR-15 pistol.
7                (II) Bushmaster Carbon 15 pistol.
8                (III) Chiappa Firearms M4 Pistol GEN II.
9                (IV) CORE Rifle Systems CORE15 Roscoe pistol.
10                (V) Daniel Defense MK18 pistol.
11                (VI) DoubleStar Corporation AR pistol.
12                (VII) DPMS AR-15 pistol.
13                (VIII) Jesse James Nomad AR-15 pistol.
14                (IX) Olympic Arms AR-15 pistol.
15                (X) Osprey Armament MK-18 pistol.
16                (XI) POF USA AR pistols.
17                (XII) Rock River Arms LAR 15 pistol.
18                (XIII) Uselton Arms Air-Lite M-4 pistol.
19            (iii) Calico pistols.
20            (iv) DSA SA58 PKP FAL pistol.
21            (v) Encom MP-9 and MP-45.
22            (vi) Heckler & Koch model SP-89 pistol.
23            (vii) Intratec AB-10, TEC-22 Scorpion, TEC-9, and
24        TEC-DC9.
25            (viii) IWI Galil Ace pistol, UZI PRO pistol.
26            (ix) Kel-Tec PLR 16 pistol.

 

 

HB4844 Engrossed- 1891 -LRB103 39009 AMC 69146 b

1            (x) All MAC types, including the following:
2                (I) MAC-10.
3                (II) MAC-11.
4                (III) Masterpiece Arms MPA A930 Mini Pistol,
5            MPA460 Pistol, MPA Tactical Pistol, and MPA Mini
6            Tactical Pistol.
7                (IV) Military Armament Corp. Ingram M-11.
8                (V) Velocity Arms VMAC.
9            (xi) Sig Sauer P556 pistol.
10            (xii) Sites Spectre.
11            (xiii) All Thompson types, including the
12        following:
13                (I) Thompson TA510D.
14                (II) Thompson TA5.
15            (xiv) All UZI types, including Micro-UZI.
16        (L) All of the following shotguns, copies, duplicates,
17    variants, or altered facsimiles with the capability of any
18    such weapon thereof:
19            (i) DERYA Anakon MC-1980, Anakon SD12.
20            (ii) Doruk Lethal shotguns.
21            (iii) Franchi LAW-12 and SPAS 12.
22            (iv) All IZHMASH Saiga 12 types, including the
23        following:
24                (I) IZHMASH Saiga 12.
25                (II) IZHMASH Saiga 12S.
26                (III) IZHMASH Saiga 12S EXP-01.

 

 

HB4844 Engrossed- 1892 -LRB103 39009 AMC 69146 b

1                (IV) IZHMASH Saiga 12K.
2                (V) IZHMASH Saiga 12K-030.
3                (VI) IZHMASH Saiga 12K-040 Taktika.
4            (v) Streetsweeper.
5            (vi) Striker 12.
6    (2) "Assault weapon" does not include:
7        (A) Any firearm that is an unserviceable firearm or
8    has been made permanently inoperable.
9        (B) An antique firearm or a replica of an antique
10    firearm.
11        (C) A firearm that is manually operated by bolt, pump,
12    lever or slide action, unless the firearm is a shotgun
13    with a revolving cylinder.
14        (D) Any air rifle as defined in Section 24.8-0.1 of
15    this Code.
16        (E) Any handgun, as defined under the Firearm
17    Concealed Carry Act, unless otherwise listed in this
18    Section.
19    (3) "Assault weapon attachment" means any device capable
20of being attached to a firearm that is specifically designed
21for making or converting a firearm into any of the firearms
22listed in paragraph (1) of this subsection (a).
23    (4) "Antique firearm" has the meaning ascribed to it in 18
24U.S.C. 921(a)(16).
25    (5) ".50 caliber rifle" means a centerfire rifle capable
26of firing a .50 caliber cartridge. The term does not include

 

 

HB4844 Engrossed- 1893 -LRB103 39009 AMC 69146 b

1any antique firearm, any shotgun including a shotgun that has
2a rifle barrel, or any muzzle-loader which uses black powder
3for hunting or historical reenactments.
4    (6) ".50 caliber cartridge" means a cartridge in .50 BMG
5caliber, either by designation or actual measurement, that is
6capable of being fired from a centerfire rifle. The term ".50
7caliber cartridge" does not include any memorabilia or display
8item that is filled with a permanent inert substance or that is
9otherwise permanently altered in a manner that prevents ready
10modification for use as live ammunition or shotgun ammunition
11with a caliber measurement that is equal to or greater than .50
12caliber.
13    (7) "Detachable magazine" means an ammunition feeding
14device that may be removed from a firearm without disassembly
15of the firearm action, including an ammunition feeding device
16that may be readily removed from a firearm with the use of a
17bullet, cartridge, accessory, or other tool, or any other
18object that functions as a tool, including a bullet or
19cartridge.
20    (8) "Fixed magazine" means an ammunition feeding device
21that is permanently attached to a firearm, or contained in and
22not removable from a firearm, or that is otherwise not a
23detachable magazine, but does not include an attached tubular
24device designed to accept, and capable of operating only with,
25.22 caliber rimfire ammunition.
26    (b) Except as provided in subsections (c), (d), and (e),

 

 

HB4844 Engrossed- 1894 -LRB103 39009 AMC 69146 b

1on or after January 10, 2023 (the effective date of Public Act
2102-1116) this amendatory Act of the 102nd General Assembly,
3it is unlawful for any person within this State to knowingly
4manufacture, deliver, sell, import, or purchase or cause to be
5manufactured, delivered, sold, imported, or purchased by
6another, an assault weapon, assault weapon attachment, .50
7caliber rifle, or .50 caliber cartridge.
8    (c) Except as otherwise provided in subsection (d),
9beginning January 1, 2024, it is unlawful for any person
10within this State to knowingly possess an assault weapon,
11assault weapon attachment, .50 caliber rifle, or .50 caliber
12cartridge.
13    (d) This Section does not apply to a person's possession
14of an assault weapon, assault weapon attachment, .50 caliber
15rifle, or .50 caliber cartridge device if the person lawfully
16possessed that assault weapon, assault weapon attachment, .50
17caliber rifle, or .50 caliber cartridge prohibited by
18subsection (c) of this Section, if the person has provided in
19an endorsement affidavit, prior to January 1, 2024, under oath
20or affirmation and in the form and manner prescribed by the
21Illinois State Police, no later than October 1, 2023:
22        (1) the affiant's Firearm Owner's Identification Card
23    number;
24        (2) an affirmation that the affiant: (i) possessed an
25    assault weapon, assault weapon attachment, .50 caliber
26    rifle, or .50 caliber cartridge before January 10, 2023

 

 

HB4844 Engrossed- 1895 -LRB103 39009 AMC 69146 b

1    (the effective date of Public Act 102-1116) this
2    amendatory Act of the 102nd General Assembly; or (ii)
3    inherited the assault weapon, assault weapon attachment,
4    .50 caliber rifle, or .50 caliber cartridge from a person
5    with an endorsement under this Section or from a person
6    authorized under subdivisions (1) through (5) of
7    subsection (e) to possess the assault weapon, assault
8    weapon attachment, .50 caliber rifle, or .50 caliber
9    cartridge; and
10        (3) the make, model, caliber, and serial number of the
11    .50 caliber rifle or assault weapon or assault weapons
12    listed in paragraphs (J), (K), and (L) of subdivision (1)
13    of subsection (a) of this Section possessed by the affiant
14    prior to January 10, 2023 (the effective date of Public
15    Act 102-1116) this amendatory Act of the 102nd General
16    Assembly and any assault weapons identified and published
17    by the Illinois State Police pursuant to this subdivision
18    (3). No later than October 1, 2023, and every October 1
19    thereafter, the Illinois State Police shall, via
20    rulemaking, identify, publish, and make available on its
21    website, the list of assault weapons subject to an
22    endorsement affidavit under this subsection (d). The list
23    shall identify, but is not limited to, the copies,
24    duplicates, variants, and altered facsimiles of the
25    assault weapons identified in paragraphs (J), (K), and (L)
26    of subdivision (1) of subsection (a) of this Section and

 

 

HB4844 Engrossed- 1896 -LRB103 39009 AMC 69146 b

1    shall be consistent with the definition of "assault
2    weapon" identified in this Section. The Illinois State
3    Police may adopt emergency rulemaking in accordance with
4    Section 5-45 of the Illinois Administrative Procedure Act.
5    The adoption of emergency rules authorized by Section 5-45
6    of the Illinois Administrative Procedure Act and this
7    paragraph is deemed to be necessary for the public
8    interest, safety, and welfare.
9    The affidavit form shall include the following statement
10printed in bold type: "Warning: Entering false information on
11this form is punishable as perjury under Section 32-2 of the
12Criminal Code of 2012. Entering false information on this form
13is a violation of the Firearm Owners Identification Card Act."
14    In any administrative, civil, or criminal proceeding in
15this State, a completed endorsement affidavit submitted to the
16Illinois State Police by a person under this Section creates a
17rebuttable presumption that the person is entitled to possess
18and transport the assault weapon, assault weapon attachment,
19.50 caliber rifle, or .50 caliber cartridge.
20    Beginning 90 days after January 10, 2023 (the effective
21date of Public Act 102-1116) this amendatory Act of the 102nd
22General Assembly, a person authorized under this Section to
23possess an assault weapon, assault weapon attachment, .50
24caliber rifle, or .50 caliber cartridge shall possess such
25items only:
26        (1) on private property owned or immediately

 

 

HB4844 Engrossed- 1897 -LRB103 39009 AMC 69146 b

1    controlled by the person;
2        (2) on private property that is not open to the public
3    with the express permission of the person who owns or
4    immediately controls such property;
5        (3) while on the premises of a licensed firearms
6    dealer or gunsmith for the purpose of lawful repair;
7        (4) while engaged in the legal use of the assault
8    weapon, assault weapon attachment, .50 caliber rifle, or
9    .50 caliber cartridge at a properly licensed firing range
10    or sport shooting competition venue; or
11        (5) while traveling to or from these locations,
12    provided that the assault weapon, assault weapon
13    attachment, or .50 caliber rifle is unloaded and the
14    assault weapon, assault weapon attachment, .50 caliber
15    rifle, or .50 caliber cartridge is enclosed in a case,
16    firearm carrying box, shipping box, or other container.
17    Beginning on January 1, 2024, the person with the
18endorsement for an assault weapon, assault weapon attachment,
19.50 caliber rifle, or .50 caliber cartridge or a person
20authorized under subdivisions (1) through (5) of subsection
21(e) to possess an assault weapon, assault weapon attachment,
22.50 caliber rifle, or .50 caliber cartridge may transfer the
23assault weapon, assault weapon attachment, .50 caliber rifle,
24or .50 caliber cartridge only to an heir, an individual
25residing in another state maintaining it in another state, or
26a dealer licensed as a federal firearms dealer under Section

 

 

HB4844 Engrossed- 1898 -LRB103 39009 AMC 69146 b

1923 of the federal Gun Control Act of 1968. Within 10 days
2after transfer of the weapon except to an heir, the person
3shall notify the Illinois State Police of the name and address
4of the transferee and comply with the requirements of
5subsection (b) of Section 3 of the Firearm Owners
6Identification Card Act. The person to whom the weapon or
7ammunition is transferred shall, within 60 days of the
8transfer, complete an affidavit required under this Section. A
9person to whom the weapon is transferred may transfer it only
10as provided in this subsection.
11    Except as provided in subsection (e) and beginning on
12January 1, 2024, any person who moves into this State in
13possession of an assault weapon, assault weapon attachment,
14.50 caliber rifle, or .50 caliber cartridge shall, within 60
15days, apply for a Firearm Owners Identification Card and
16complete an endorsement application as outlined in subsection
17(d).
18    Notwithstanding any other law, information contained in
19the endorsement affidavit shall be confidential, is exempt
20from disclosure under the Freedom of Information Act, and
21shall not be disclosed, except to law enforcement agencies
22acting in the performance of their duties.
23    (e) The provisions of this Section regarding the purchase
24or possession of assault weapons, assault weapon attachments,
25.50 caliber rifles, and .50 cartridges, as well as the
26provisions of this Section that prohibit causing those items

 

 

HB4844 Engrossed- 1899 -LRB103 39009 AMC 69146 b

1to be purchased or possessed, do not apply to:
2        (1) Peace officers, as defined in Section 2-13 of this
3    Code.
4        (2) Qualified law enforcement officers and qualified
5    retired law enforcement officers as defined in the Law
6    Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B
7    and 926C) and as recognized under Illinois law.
8        (3) Acquisition and possession by a federal, State, or
9    local law enforcement agency for the purpose of equipping
10    the agency's peace officers as defined in paragraph (1) or
11    (2) of this subsection (e).
12        (4) Wardens, superintendents, and keepers of prisons,
13    penitentiaries, jails, and other institutions for the
14    detention of persons accused or convicted of an offense.
15        (5) Members of the Armed Services or Reserve Forces of
16    the United States or the Illinois National Guard, while
17    performing their official duties or while traveling to or
18    from their places of duty.
19        (6) Any company that employs armed security officers
20    in this State at a nuclear energy, storage, weapons, or
21    development site or facility regulated by the federal
22    Nuclear Regulatory Commission and any person employed as
23    an armed security force member at a nuclear energy,
24    storage, weapons, or development site or facility
25    regulated by the federal Nuclear Regulatory Commission who
26    has completed the background screening and training

 

 

HB4844 Engrossed- 1900 -LRB103 39009 AMC 69146 b

1    mandated by the rules and regulations of the federal
2    Nuclear Regulatory Commission and while performing
3    official duties.
4        (7) Any private security contractor agency licensed
5    under the Private Detective, Private Alarm, Private
6    Security, Fingerprint Vendor, and Locksmith Act of 2004
7    that employs private security contractors and any private
8    security contractor who is licensed and has been issued a
9    firearm control card under the Private Detective, Private
10    Alarm, Private Security, Fingerprint Vendor, and Locksmith
11    Act of 2004 while performing official duties.
12    The provisions of this Section do not apply to the
13manufacture, delivery, sale, import, purchase, or possession
14of an assault weapon, assault weapon attachment, .50 caliber
15rifle, or .50 caliber cartridge or causing the manufacture,
16delivery, sale, importation, purchase, or possession of those
17items:
18        (A) for sale or transfer to persons authorized under
19    subdivisions (1) through (7) of this subsection (e) to
20    possess those items;
21        (B) for sale or transfer to the United States or any
22    department or agency thereof; or
23        (C) for sale or transfer in another state or for
24    export.
25    This Section does not apply to or affect any of the
26following:

 

 

HB4844 Engrossed- 1901 -LRB103 39009 AMC 69146 b

1        (i) Possession of any firearm if that firearm is
2    sanctioned by the International Olympic Committee and by
3    USA Shooting, the national governing body for
4    international shooting competition in the United States,
5    but only when the firearm is in the actual possession of an
6    Olympic target shooting competitor or target shooting
7    coach for the purpose of storage, transporting to and from
8    Olympic target shooting practice or events if the firearm
9    is broken down in a nonfunctioning state, is not
10    immediately accessible, or is unloaded and enclosed in a
11    firearm case, carrying box, shipping box, or other similar
12    portable container designed for the safe transportation of
13    firearms, and when the Olympic target shooting competitor
14    or target shooting coach is engaging in those practices or
15    events. For the purposes of this paragraph (8), "firearm"
16    has the meaning provided in Section 1.1 of the Firearm
17    Owners Identification Card Act.
18        (ii) Any nonresident who transports, within 24 hours,
19    a weapon for any lawful purpose from any place where the
20    nonresident may lawfully possess and carry that weapon to
21    any other place where the nonresident may lawfully possess
22    and carry that weapon if, during the transportation, the
23    weapon is unloaded, and neither the weapon nor any
24    ammunition being transported is readily accessible or is
25    directly accessible from the passenger compartment of the
26    transporting vehicle. In the case of a vehicle without a

 

 

HB4844 Engrossed- 1902 -LRB103 39009 AMC 69146 b

1    compartment separate from the driver's compartment, the
2    weapon or ammunition shall be contained in a locked
3    container other than the glove compartment or console.
4        (iii) Possession of a weapon at an event taking place
5    at the World Shooting and Recreational Complex at Sparta,
6    only while engaged in the legal use of the weapon, or while
7    traveling to or from that location if the weapon is broken
8    down in a nonfunctioning state, is not immediately
9    accessible, or is unloaded and enclosed in a firearm case,
10    carrying box, shipping box, or other similar portable
11    container designed for the safe transportation of
12    firearms.
13        (iv) Possession of a weapon only for hunting use
14    expressly permitted under the Wildlife Code, or while
15    traveling to or from a location authorized for this
16    hunting use under the Wildlife Code if the weapon is
17    broken down in a nonfunctioning state, is not immediately
18    accessible, or is unloaded and enclosed in a firearm case,
19    carrying box, shipping box, or other similar portable
20    container designed for the safe transportation of
21    firearms. By October 1, 2023, the Illinois State Police,
22    in consultation with the Department of Natural Resources,
23    shall adopt rules concerning the list of applicable
24    weapons approved under this subparagraph (iv). The
25    Illinois State Police may adopt emergency rules in
26    accordance with Section 5-45 of the Illinois

 

 

HB4844 Engrossed- 1903 -LRB103 39009 AMC 69146 b

1    Administrative Procedure Act. The adoption of emergency
2    rules authorized by Section 5-45 of the Illinois
3    Administrative Procedure Act and this paragraph is deemed
4    to be necessary for the public interest, safety, and
5    welfare.
6        (v) The manufacture, transportation, possession, sale,
7    or rental of blank-firing assault weapons and .50 caliber
8    rifles, or the weapon's respective attachments, to persons
9    authorized or permitted, or both authorized and permitted,
10    to acquire and possess these weapons or attachments for
11    the purpose of rental for use solely as props for a motion
12    picture, television, or video production or entertainment
13    event.
14    Any person not subject to this Section may submit an
15endorsement affidavit if the person chooses.
16    (f) Any sale or transfer with a background check initiated
17to the Illinois State Police on or before January 10, 2023 (the
18effective date of Public Act 102-1116) this amendatory Act of
19the 102nd General Assembly is allowed to be completed after
20January 10, 2023 the effective date of this amendatory Act
21once an approval is issued by the Illinois State Police and any
22applicable waiting period under Section 24-3 has expired.
23    (g) The Illinois State Police shall take all steps
24necessary to carry out the requirements of this Section within
25by October 1, 2023.
26    (h) The Illinois Department of the State Police shall also

 

 

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1develop and implement a public notice and public outreach
2campaign to promote awareness about the provisions of Public
3Act 102-1116 this amendatory Act of the 102nd General Assembly
4and to increase compliance with this Section.
5(Source: P.A. 102-1116, eff. 1-10-23; revised 4-6-23.)
 
6    (720 ILCS 5/24-1.10)
7    Sec. 24-1.10. Manufacture, delivery, sale, and possession
8of large capacity ammunition feeding devices.
9    (a) In this Section:
10    "Handgun" has the meaning ascribed to it in the Firearm
11Concealed Carry Act.
12    "Long gun" means a rifle or shotgun.
13    "Large capacity ammunition feeding device" means:
14        (1) a magazine, belt, drum, feed strip, or similar
15    device that has a capacity of, or that can be readily
16    restored or converted to accept, more than 10 rounds of
17    ammunition for long guns and more than 15 rounds of
18    ammunition for handguns; or
19        (2) any combination of parts from which a device
20    described in paragraph (1) can be assembled.
21    "Large capacity ammunition feeding device" does not
22include an attached tubular device designed to accept, and
23capable of operating only with, .22 caliber rimfire
24ammunition. "Large capacity ammunition feeding device" does
25not include a tubular magazine that is contained in a

 

 

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1lever-action firearm or any device that has been made
2permanently inoperable.
3    (b) Except as provided in subsections (e) and (f), it is
4unlawful for any person within this State to knowingly
5manufacture, deliver, sell, purchase, or cause to be
6manufactured, delivered, sold, or purchased a large capacity
7ammunition feeding device.
8    (c) Except as provided in subsections (d), (e), and (f),
9and beginning 90 days after January 10, 2023 (the effective
10date of Public Act 102-1116) this amendatory Act of the 102nd
11General Assembly, it is unlawful to knowingly possess a large
12capacity ammunition feeding device.
13    (d) Subsection (c) does not apply to a person's possession
14of a large capacity ammunition feeding device if the person
15lawfully possessed that large capacity ammunition feeding
16device before January 10, 2023 (the effective date of Public
17Act 102-1116) this amendatory Act of the 102nd General
18Assembly, provided that the person shall possess such device
19only:
20        (1) on private property owned or immediately
21    controlled by the person;
22        (2) on private property that is not open to the public
23    with the express permission of the person who owns or
24    immediately controls such property;
25        (3) while on the premises of a licensed firearms
26    dealer or gunsmith for the purpose of lawful repair;

 

 

HB4844 Engrossed- 1906 -LRB103 39009 AMC 69146 b

1        (4) while engaged in the legal use of the large
2    capacity ammunition feeding device at a properly licensed
3    firing range or sport shooting competition venue; or
4        (5) while traveling to or from these locations,
5    provided that the large capacity ammunition feeding device
6    is stored unloaded and enclosed in a case, firearm
7    carrying box, shipping box, or other container.
8    A person authorized under this Section to possess a large
9capacity ammunition feeding device may transfer the large
10capacity ammunition feeding device only to an heir, an
11individual residing in another state maintaining it in another
12state, or a dealer licensed as a federal firearms dealer under
13Section 923 of the federal Gun Control Act of 1968. Within 10
14days after transfer of the large capacity ammunition feeding
15device except to an heir, the person shall notify the Illinois
16State Police of the name and address of the transferee and
17comply with the requirements of subsection (b) of Section 3 of
18the Firearm Owners Identification Card Act. The person to whom
19the large capacity ammunition feeding device is transferred
20shall, within 60 days of the transfer, notify the Illinois
21State Police of the person's acquisition and comply with the
22requirements of subsection (b) of Section 3 of the Firearm
23Owners Identification Card Act. A person to whom the large
24capacity ammunition feeding device is transferred may transfer
25it only as provided in this subsection.
26    Except as provided in subsections (e) and (f) and

 

 

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1beginning 90 days after January 10, 2023 (the effective date
2of Public Act 102-1116) this amendatory Act of the 102nd
3General Assembly, any person who moves into this State in
4possession of a large capacity ammunition feeding device
5shall, within 60 days, apply for a Firearm Owners
6Identification Card.
7    (e) The provisions of this Section regarding the purchase
8or possession of large capacity ammunition feeding devices, as
9well as the provisions of this Section that prohibit causing
10those items to be purchased or possessed, do not apply to:
11        (1) Peace officers as defined in Section 2-13 of this
12    Code.
13        (2) Qualified law enforcement officers and qualified
14    retired law enforcement officers as defined in the Law
15    Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B
16    and 926C) and as recognized under Illinois law.
17        (3) A federal, State, or local law enforcement agency
18    for the purpose of equipping the agency's peace officers
19    as defined in paragraph (1) or (2) of this subsection (e).
20        (4) Wardens, superintendents, and keepers of prisons,
21    penitentiaries, jails, and other institutions for the
22    detention of persons accused or convicted of an offense.
23        (5) Members of the Armed Services or Reserve Forces of
24    the United States or the Illinois National Guard, while
25    performing their official duties or while traveling to or
26    from their places of duty.

 

 

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1        (6) Any company that employs armed security officers
2    in this State at a nuclear energy, storage, weapons, or
3    development site or facility regulated by the federal
4    Nuclear Regulatory Commission and any person employed as
5    an armed security force member at a nuclear energy,
6    storage, weapons, or development site or facility
7    regulated by the federal Nuclear Regulatory Commission who
8    has completed the background screening and training
9    mandated by the rules and regulations of the federal
10    Nuclear Regulatory Commission and while performing
11    official duties.
12        (7) Any private security contractor agency licensed
13    under the Private Detective, Private Alarm, Private
14    Security, Fingerprint Vendor, and Locksmith Act of 2004
15    that employs private security contractors and any private
16    security contractor who is licensed and has been issued a
17    firearm control card under the Private Detective, Private
18    Alarm, Private Security, Fingerprint Vendor, and Locksmith
19    Act of 2004 while performing official duties.
20    (f) This Section does not apply to or affect any of the
21following:
22        (1) Manufacture, delivery, sale, importation,
23    purchase, or possession or causing to be manufactured,
24    delivered, sold, imported, purchased, or possessed a large
25    capacity ammunition feeding device:
26            (A) for sale or transfer to persons authorized

 

 

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1        under subdivisions (1) through (7) of subsection (e)
2        to possess those items;
3            (B) for sale or transfer to the United States or
4        any department or agency thereof; or
5            (C) for sale or transfer in another state or for
6        export.
7        (2) Sale or rental of large capacity ammunition
8    feeding devices for blank-firing assault weapons and .50
9    caliber rifles, to persons authorized or permitted, or
10    both authorized and permitted, to acquire these devices
11    for the purpose of rental for use solely as props for a
12    motion picture, television, or video production or
13    entertainment event.
14    (g) Sentence. A person who knowingly manufactures,
15delivers, sells, purchases, possesses, or causes to be
16manufactured, delivered, sold, possessed, or purchased in
17violation of this Section a large capacity ammunition feeding
18device capable of holding more than 10 rounds of ammunition
19for long guns or more than 15 rounds of ammunition for handguns
20commits a petty offense with a fine of $1,000 for each
21violation.
22    (h) The Illinois Department of the State Police shall also
23develop and implement a public notice and public outreach
24campaign to promote awareness about the provisions of Public
25Act 102-1116 this amendatory Act of the 102nd General Assembly
26and to increase compliance with this Section.

 

 

HB4844 Engrossed- 1910 -LRB103 39009 AMC 69146 b

1(Source: P.A. 102-1116, eff. 1-10-23; revised 4-6-23.)
 
2    (720 ILCS 5/24-5.1)
3    Sec. 24-5.1. Serialization of unfinished frames or
4receivers; prohibition on unserialized firearms; exceptions;
5penalties.
6    (a) In this Section:
7    "Bona fide supplier" means an established business entity
8engaged in the development and sale of firearms parts to one or
9more federal firearms manufacturers or federal firearms
10importers.
11    "Federal firearms dealer" means a licensed manufacturer
12pursuant to 18 U.S.C. 921(a)(11).
13    "Federal firearms importer" means a licensed importer
14pursuant to 18 U.S.C. 921(a)(9).
15    "Federal firearms manufacturer" means a licensed
16manufacturer pursuant to 18 U.S.C. 921(a)(10).
17    "Frame or receiver" means a part of a firearm that, when
18the complete weapon is assembled, is visible from the exterior
19and provides housing or a structure designed to hold or
20integrate one or more fire control components, even if pins or
21other attachments are required to connect those components to
22the housing or structure. For models of firearms in which
23multiple parts provide such housing or structure, the part or
24parts that the Director of the federal Bureau of Alcohol,
25Tobacco, Firearms and Explosives has determined are a frame or

 

 

HB4844 Engrossed- 1911 -LRB103 39009 AMC 69146 b

1receiver constitute the frame or receiver. For purposes of
2this definition, "fire control component" means a component
3necessary for the firearm to initiate, complete, or continue
4the firing sequence, including any of the following: hammer,
5bolt, bolt carrier, breechblock, cylinder, trigger mechanism,
6firing pin, striker, or slide rails.
7    "Security exemplar" means an object to be fabricated at
8the direction of the United States Attorney General that is
9(1) constructed of 3.7 ounces of material type 17-4 PH
10stainless steel in a shape resembling a handgun and (2)
11suitable for testing and calibrating metal detectors.
12    "Three-dimensional printer" means a computer or
13computer-drive machine capable of producing a
14three-dimensional object from a digital model.
15    "Undetectable firearm" means (1) a firearm constructed
16entirely of non-metal substances; (2) a firearm that, after
17removal of all parts but the major components of the firearm,
18is not detectable by walk-through metal detectors calibrated
19and operated to detect the security exemplar; or (3) a firearm
20that includes a major component of a firearm, which, if
21subject to the types of detection devices commonly used at
22airports for security screening, would not generate an image
23that accurately depicts the shape of the component.
24"Undetectable firearm" does not include a firearm subject to
25the provisions of 18 U.S.C. 922(p)(3) through (6).
26    "Unfinished frame or receiver" means any forging, casting,

 

 

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1printing, extrusion, machined body, or similar article that:
2        (1) has reached a stage in manufacture where it may
3    readily be completed, assembled, or converted to be a
4    functional firearm; or
5        (2) is marketed or sold to the public to become or be
6    used as the frame or receiver of a functional firearm once
7    completed, assembled, or converted.
8    "Unserialized" means lacking a serial number imprinted by:
9        (1) a federal firearms manufacturer, federal firearms
10    importer, federal firearms dealer, or other federal
11    licensee authorized to provide marking services, pursuant
12    to a requirement under federal law; or
13        (2) a federal firearms dealer or other federal
14    licensee authorized to provide marking services pursuant
15    to subsection (f) of this Section.
16    (b) It is unlawful for any person to knowingly sell, offer
17to sell, or transfer an unserialized unfinished frame or
18receiver or unserialized firearm, including those produced
19using a three-dimensional printer, unless the party purchasing
20or receiving the unfinished frame or receiver or unserialized
21firearm is a federal firearms importer, federal firearms
22manufacturer, or federal firearms dealer.
23    (c) Beginning 180 days after May 18, 2022 (the effective
24date of Public Act 102-889) this amendatory Act of the 102nd
25General Assembly, it is unlawful for any person to knowingly
26possess, transport, or receive an unfinished frame or

 

 

HB4844 Engrossed- 1913 -LRB103 39009 AMC 69146 b

1receiver, unless:
2        (1) the party possessing or receiving the unfinished
3    frame or receiver is a federal firearms importer or
4    federal firearms manufacturer;
5        (2) the unfinished frame or receiver is possessed or
6    transported by a person for transfer to a federal firearms
7    importer or federal firearms manufacturer; or
8        (3) the unfinished frame or receiver has been
9    imprinted with a serial number issued by a federal
10    firearms importer or federal firearms manufacturer in
11    compliance with subsection (f) of this Section.
12    (d) Beginning 180 days after May 18, 2022 (the effective
13date of Public Act 102-889) this amendatory Act of the 102nd
14General Assembly, unless the party receiving the firearm is a
15federal firearms importer or federal firearms manufacturer, it
16is unlawful for any person to knowingly possess, purchase,
17transport, or receive a firearm that is not imprinted with a
18serial number by (1) a federal firearms importer or federal
19firearms manufacturer in compliance with all federal laws and
20regulations regulating the manufacture and import of firearms
21or (2) a federal firearms manufacturer, federal firearms
22dealer, or other federal licensee authorized to provide
23marking services in compliance with the unserialized firearm
24serialization process under subsection (f) of this Section.
25    (e) Any firearm or unfinished frame or receiver
26manufactured using a three-dimensional printer must also be

 

 

HB4844 Engrossed- 1914 -LRB103 39009 AMC 69146 b

1serialized in accordance with the requirements of subsection
2(f) within 30 days after May 18, 2022 (the effective date of
3Public Act 102-889) this amendatory Act of the 102nd General
4Assembly, or prior to reaching a stage of manufacture where it
5may be readily completed, assembled, or converted to be a
6functional firearm.
7    (f) Unserialized unfinished frames or receivers and
8unserialized firearms serialized pursuant to this Section
9shall be serialized in compliance with all of the following:
10        (1) An unserialized unfinished frame or receiver and
11    unserialized firearm shall be serialized by a federally
12    licensed firearms dealer or other federal licensee
13    authorized to provide marking services with the licensee's
14    abbreviated federal firearms license number as a prefix
15    (which is the first 3 and last 5 digits) followed by a
16    hyphen, and then followed by a number as a suffix, such as
17    12345678-(number). The serial number or numbers must be
18    placed in a manner that accords with the requirements
19    under federal law for affixing serial numbers to firearms,
20    including the requirements that the serial number or
21    numbers be at the minimum size and depth, and not
22    susceptible to being readily obliterated, altered, or
23    removed, and the licensee must retain records that accord
24    with the requirements under federal law in the case of the
25    sale of a firearm. The imprinting of any serial number
26    upon an a undetectable firearm must be done on a steel

 

 

HB4844 Engrossed- 1915 -LRB103 39009 AMC 69146 b

1    plaque in compliance with 18 U.S.C. 922(p).
2        (2) Every federally licensed firearms dealer or other
3    federal licensee that engraves, casts, stamps, or
4    otherwise conspicuously and permanently places a unique
5    serial number pursuant to this Section shall maintain a
6    record of such indefinitely. Licensees subject to the
7    Firearm Dealer License Certification Act shall make all
8    records accessible for inspection upon the request of the
9    Illinois State Police or a law enforcement agency in
10    accordance with Section 5-35 of the Firearm Dealer License
11    Certification Act.
12        (3) Every federally licensed firearms dealer or other
13    federal licensee that engraves, casts, stamps, or
14    otherwise conspicuously and permanently places a unique
15    serial number pursuant to this Section shall record it at
16    the time of every transaction involving the transfer of a
17    firearm, rifle, shotgun, finished frame or receiver, or
18    unfinished frame or receiver that has been so marked in
19    compliance with the federal guidelines set forth in 27 CFR
20    478.124.
21        (4) Every federally licensed firearms dealer or other
22    federal licensee that engraves, casts, stamps, or
23    otherwise conspicuously and permanently places a unique
24    serial number pursuant to this Section shall review and
25    confirm the validity of the owner's Firearm Owner's
26    Identification Card issued under the Firearm Owners

 

 

HB4844 Engrossed- 1916 -LRB103 39009 AMC 69146 b

1    Identification Card Act prior to returning the firearm to
2    the owner.
3    (g) Within 30 days after May 18, 2022 (the effective date
4of Public Act 102-889) this amendatory Act of the 102nd
5General Assembly, the Director of the Illinois State Police
6shall issue a public notice regarding the provisions of this
7Section. The notice shall include posting on the Illinois
8State Police website and may include written notification or
9any other means of communication statewide to all
10Illinois-based federal firearms manufacturers, federal
11firearms dealers, or other federal licensees authorized to
12provide marking services in compliance with the serialization
13process in subsection (f) in order to educate the public.
14    (h) Exceptions. This Section does not apply to an
15unserialized unfinished frame or receiver or an unserialized
16firearm that:
17        (1) has been rendered permanently inoperable;
18        (2) is an antique firearm, as defined in 18 U.S.C.
19    921(a)(16);
20        (3) was manufactured prior to October 22, 1968;
21        (4) is an unfinished frame or receiver and is
22    possessed by a bona fide supplier exclusively for transfer
23    to a federal firearms manufacturer or federal firearms
24    importer, or is possessed by a federal firearms
25    manufacturer or federal firearms importer in compliance
26    with all federal laws and regulations regulating the

 

 

HB4844 Engrossed- 1917 -LRB103 39009 AMC 69146 b

1    manufacture and import of firearms; except this exemption
2    does not apply if an unfinished frame or receiver is
3    possessed for transfer or is transferred to a person other
4    than a federal firearms manufacturer or federal firearms
5    importer; or
6        (5) is possessed by a person who received the
7    unserialized unfinished frame or receiver or unserialized
8    firearm through inheritance, and is not otherwise
9    prohibited from possessing the unserialized unfinished
10    frame or receiver or unserialized firearm, for a period
11    not exceeding 30 days after inheriting the unserialized
12    unfinished frame or receiver or unserialized firearm.
13    (i) Penalties.
14        (1) A person who violates subsection (c) or (d) is
15    guilty of a Class A misdemeanor for a first violation and
16    is guilty of a Class 3 felony for a second or subsequent
17    violation.
18        (2) A person who violates subsection (b) is guilty of
19    a Class 4 felony for a first violation and is guilty of a
20    Class 2 felony for a second or subsequent violation.
21(Source: P.A. 102-889, eff. 5-18-22; revised 1-3-24.)
 
22    Section 565. The Unified Code of Corrections is amended by
23changing Sections 3-2-13, 3-2.7-5, 3-2.7-10, 3-2.7-20,
243-2.7-25, 3-2.7-30, 3-2.7-35, 3-2.7-40, 3-2.7-50, 3-2.7-55,
253-5-1, 3-6-3, 3-8-10, 5-4-1, 5-4-3, 5-4.5-105, 5-6-3, 5-9-1.4,

 

 

HB4844 Engrossed- 1918 -LRB103 39009 AMC 69146 b

1and 5-9-1.9 as follows:
 
2    (730 ILCS 5/3-2-13)
3    Sec. 3-2-13. Possession of a Firearm Owner's
4Identification Card. The Department of Corrections shall not
5make possession of a Firearm Owner's Identification Card a
6condition of continued employment as a Department employee
7authorized to possess firearms if the employee's Firearm
8Owner's Identification Card is revoked or seized because the
9employee has been a patient of a mental health facility and the
10employee has not been determined to pose a clear and present
11danger to himself, herself, or others as determined by a
12physician, clinical psychologist, or qualified examiner.
13Nothing in is this Section shall otherwise impair the
14Department's ability to determine an employee's fitness for
15duty. A collective bargaining agreement already in effect on
16this issue on January 1, 2022 (the effective date of Public Act
17102-645) this amendatory Act of the 102nd General Assembly
18cannot be modified, but on or after January 1, 2022 (the
19effective date of Public Act 102-645) this amendatory Act of
20the 102nd General Assembly, the Department cannot require a
21Firearm Owner's Identification Card as a condition of
22continued employment in a collective bargaining agreement. The
23Department shall document if and why an employee has been
24determined to pose a clear and present danger. In this
25Section, "mental health facility" and "qualified examiner"

 

 

HB4844 Engrossed- 1919 -LRB103 39009 AMC 69146 b

1have the meanings provided in the Mental Health and
2Developmental Disabilities Code.
3(Source: P.A. 102-645, eff. 1-1-22; revised 4-6-23.)
 
4    (730 ILCS 5/3-2.7-5)
5    (Text of Section before amendment by P.A. 103-397)
6    Sec. 3-2.7-5. Purpose. The purpose of this Article is to
7create within the Department of Juvenile Justice the Office of
8Independent Juvenile Ombudsperson for the purpose of securing
9the rights of youth committed to the Department of Juvenile
10Justice, including youth released on aftercare before final
11discharge.
12(Source: P.A. 103-22, eff. 8-8-23.)
 
13    (Text of Section after amendment by P.A. 103-397)
14    Sec. 3-2.7-5. Purpose. The purpose of this Article is to
15create within the Department of Juvenile Justice the Office of
16Independent Juvenile Ombudsperson for the purpose of securing
17the rights of youth committed to the Department of Juvenile
18Justice and county-operated juvenile detention centers,
19including youth released on aftercare before final discharge.
20(Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25;
21revised 9-14-23.)
 
22    (730 ILCS 5/3-2.7-10)
23    (Text of Section before amendment by P.A. 103-397)

 

 

HB4844 Engrossed- 1920 -LRB103 39009 AMC 69146 b

1    Sec. 3-2.7-10. Definitions. In this Article, unless the
2context requires otherwise:
3    "Department" means the Department of Juvenile Justice.
4    "Immediate family or household member" means the spouse,
5child, parent, brother, sister, grandparent, or grandchild,
6whether of the whole blood or half blood or by adoption, or a
7person who shares a common dwelling.
8    "Juvenile justice system" means all activities by public
9or private agencies or persons pertaining to youth involved in
10or having contact with the police, courts, or corrections.
11    "Office" means the Office of the Independent Juvenile
12Ombudsperson.
13    "Ombudsperson" means the Department of Juvenile Justice
14Independent Juvenile Ombudsperson.
15    "Youth" means any person committed by court order to the
16custody of the Department of Juvenile Justice, including youth
17released on aftercare before final discharge.
18(Source: P.A. 103-22, eff. 8-8-23.)
 
19    (Text of Section after amendment by P.A. 103-397)
20    Sec. 3-2.7-10. Definitions. In this Article, unless the
21context requires otherwise:
22    "County-operated juvenile detention center" means any
23shelter care home or detention home as "shelter" and
24"detention" are defined in Section 1.1 of the County Shelter
25Care and Detention Home Act and any other facility that

 

 

HB4844 Engrossed- 1921 -LRB103 39009 AMC 69146 b

1detains youth in the juvenile justice system that is
2specifically designated to detain or incarcerate youth.
3"County-operated juvenile detention center" does not include
4police or other temporary law enforcement holding locations.
5    "Department" means the Department of Juvenile Justice.
6    "Immediate family or household member" means the spouse,
7child, parent, brother, sister, grandparent, or grandchild,
8whether of the whole blood or half blood or by adoption, or a
9person who shares a common dwelling.
10    "Juvenile justice system" means all activities by public
11or private agencies or persons pertaining to youth involved in
12or having contact with the police, courts, or corrections.
13    "Office" means the Office of the Independent Juvenile
14Ombudsperson.
15    "Ombudsperson" means the Department of Juvenile Justice
16Independent Juvenile Ombudsperson.
17    "Youth" means any person committed by court order to the
18custody of the Department of Juvenile Justice or a
19county-operated juvenile detention center, including youth
20released on aftercare before final discharge.
21(Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25;
22revised 9-14-23.)
 
23    (730 ILCS 5/3-2.7-20)
24    (Text of Section before amendment by P.A. 103-397)
25    Sec. 3-2.7-20. Conflicts of interest. A person may not

 

 

HB4844 Engrossed- 1922 -LRB103 39009 AMC 69146 b

1serve as Ombudsperson or as a deputy if the person or the
2person's immediate family or household member:
3        (1) is or has been employed by the Department of
4    Juvenile Justice or Department of Corrections within one
5    year prior to appointment, other than as Ombudsperson or
6    Deputy Ombudsperson;
7        (2) participates in the management of a business
8    entity or other organization receiving funds from the
9    Department of Juvenile Justice;
10        (3) owns or controls, directly or indirectly, any
11    interest in a business entity or other organization
12    receiving funds from the Department of Juvenile Justice;
13        (4) uses or receives any amount of tangible goods,
14    services, or funds from the Department of Juvenile
15    Justice, other than as Ombudsperson or Deputy
16    Ombudsperson; or
17        (5) is required to register as a lobbyist for an
18    organization that interacts with the juvenile justice
19    system.
20(Source: P.A. 103-22, eff. 8-8-23.)
 
21    (Text of Section after amendment by P.A. 103-397)
22    Sec. 3-2.7-20. Conflicts of interest. A person may not
23serve as Ombudsperson or as a deputy if the person or the
24person's immediate family or household member:
25        (1) is or has been employed by the Department of

 

 

HB4844 Engrossed- 1923 -LRB103 39009 AMC 69146 b

1    Juvenile Justice, Department of Corrections, or a
2    county-operated juvenile detention center within one year
3    prior to appointment, other than as Ombudsperson or Deputy
4    Ombudsperson;
5        (2) participates in the management of a business
6    entity or other organization receiving funds from the
7    Department of Juvenile Justice or a county-operated
8    juvenile detention center;
9        (3) owns or controls, directly or indirectly, any
10    interest in a business entity or other organization
11    receiving funds from the Department of Juvenile Justice or
12    a county-operated juvenile detention center;
13        (4) uses or receives any amount of tangible goods,
14    services, or funds from the Department of Juvenile Justice
15    or a county-operated juvenile detention center, other than
16    as Ombudsperson or Deputy Ombudsperson; or
17        (5) is required to register as a lobbyist for an
18    organization that interacts with the juvenile justice
19    system.
20(Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25;
21revised 9-14-23.)
 
22    (730 ILCS 5/3-2.7-25)
23    (Text of Section before amendment by P.A. 103-397)
24    Sec. 3-2.7-25. Duties and powers.
25    (a) The Independent Juvenile Ombudsperson shall function

 

 

HB4844 Engrossed- 1924 -LRB103 39009 AMC 69146 b

1independently within the Department of Juvenile Justice with
2respect to the operations of the Office in performance of the
3Ombudsperson's duties under this Article and shall report to
4the Governor. The Ombudsperson shall adopt rules and standards
5as may be necessary or desirable to carry out the
6Ombudsperson's duties. Funding for the Office shall be
7designated separately within Department funds. The Department
8shall provide necessary administrative services and facilities
9to the Office of the Independent Juvenile Ombudsperson.
10    (b) The Office of Independent Juvenile Ombudsperson shall
11have the following duties:
12        (1) review and monitor the implementation of the rules
13    and standards established by the Department of Juvenile
14    Justice and evaluate the delivery of services to youth to
15    ensure that the rights of youth are fully observed;
16        (2) provide assistance to a youth or family whom the
17    Ombudsperson determines is in need of assistance,
18    including advocating with an agency, provider, or other
19    person in the best interests of the youth;
20        (3) investigate and attempt to resolve complaints made
21    by or on behalf of youth, other than complaints alleging
22    criminal behavior or violations of the State Officials and
23    Employees Ethics Act, if the Office determines that the
24    investigation and resolution would further the purpose of
25    the Office, and:
26            (A) a youth committed to the Department of

 

 

HB4844 Engrossed- 1925 -LRB103 39009 AMC 69146 b

1        Juvenile Justice or the youth's family is in need of
2        assistance from the Office; or
3            (B) a systemic issue in the Department of Juvenile
4        Justice's provision of services is raised by a
5        complaint;
6        (4) review or inspect periodically the facilities and
7    procedures of any facility in which a youth has been
8    placed by the Department of Juvenile Justice to ensure
9    that the rights of youth are fully observed; and
10        (5) be accessible to and meet confidentially and
11    regularly with youth committed to the Department and serve
12    as a resource by informing them of pertinent laws, rules,
13    and policies, and their rights thereunder.
14    (c) The following cases shall be reported immediately to
15the Director of Juvenile Justice and the Governor:
16        (1) cases of severe abuse or injury of a youth;
17        (2) serious misconduct, misfeasance, malfeasance, or
18    serious violations of policies and procedures concerning
19    the administration of a Department of Juvenile Justice
20    program or operation;
21        (3) serious problems concerning the delivery of
22    services in a facility operated by or under contract with
23    the Department of Juvenile Justice;
24        (4) interference by the Department of Juvenile Justice
25    with an investigation conducted by the Office; and
26        (5) other cases as deemed necessary by the

 

 

HB4844 Engrossed- 1926 -LRB103 39009 AMC 69146 b

1    Ombudsperson.
2    (d) Notwithstanding any other provision of law, the
3Ombudsperson may not investigate alleged criminal behavior or
4violations of the State Officials and Employees Ethics Act. If
5the Ombudsperson determines that a possible criminal act has
6been committed, or that special expertise is required in the
7investigation, the Ombudsperson shall immediately notify the
8Illinois State Police. If the Ombudsperson determines that a
9possible violation of the State Officials and Employees Ethics
10Act has occurred, the Ombudsperson shall immediately refer the
11incident to the Office of the Governor's Executive Inspector
12General for investigation. If the Ombudsperson receives a
13complaint from a youth or third party regarding suspected
14abuse or neglect of a child, the Ombudsperson shall refer the
15incident to the Child Abuse and Neglect Hotline or to the
16Illinois State Police as mandated by the Abused and Neglected
17Child Reporting Act. Any investigation conducted by the
18Ombudsperson shall not be duplicative and shall be separate
19from any investigation mandated by the Abused and Neglected
20Child Reporting Act. All investigations conducted by the
21Ombudsperson shall be conducted in a manner designed to ensure
22the preservation of evidence for possible use in a criminal
23prosecution.
24    (e) In performance of the Ombudsperson's duties, the
25Ombudsperson may:
26        (1) review court files of youth;

 

 

HB4844 Engrossed- 1927 -LRB103 39009 AMC 69146 b

1        (2) recommend policies, rules, and legislation
2    designed to protect youth;
3        (3) make appropriate referrals under any of the duties
4    and powers listed in this Section;
5        (4) attend internal administrative and disciplinary
6    hearings to ensure the rights of youth are fully observed
7    and advocate for the best interest of youth when deemed
8    necessary; and
9        (5) perform other acts, otherwise permitted or
10    required by law, in furtherance of the purpose of the
11    Office.
12    (f) To assess if a youth's rights have been violated, the
13Ombudsperson may, in any matter that does not involve alleged
14criminal behavior, contact or consult with an administrator,
15employee, youth, parent, expert, or any other individual in
16the course of the Ombudsperson's investigation or to secure
17information as necessary to fulfill the Ombudsperson's duties.
18(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23.)
 
19    (Text of Section after amendment by P.A. 103-397)
20    Sec. 3-2.7-25. Duties and powers.
21    (a) The Independent Juvenile Ombudsperson shall function
22independently within the Department of Juvenile Justice and
23county-operated juvenile detention centers with respect to the
24operations of the Office in performance of the Ombudsperson's
25duties under this Article and shall report to the Governor and

 

 

HB4844 Engrossed- 1928 -LRB103 39009 AMC 69146 b

1to local authorities as provided in Section 3-2.7-50. The
2Ombudsperson shall adopt rules and standards as may be
3necessary or desirable to carry out the Ombudsperson's duties.
4Funding for the Office shall be designated separately within
5Department funds and shall include funds for operations at
6county-operated juvenile detention centers. The Department
7shall provide necessary administrative services and facilities
8to the Office of the Independent Juvenile Ombudsperson.
9County-operated juvenile detention centers shall provide
10necessary administrative services and space, upon request,
11inside the facility to the Office of the Independent Juvenile
12Ombudsperson Ombudsman to meet confidentially with youth and
13otherwise in performance of the Ombudsperson's his or her
14duties under this Article.
15    (b) The Office of Independent Juvenile Ombudsperson shall
16have the following duties:
17        (1) review and monitor the implementation of the rules
18    and standards established by the Department of Juvenile
19    Justice and county-operated juvenile detention centers and
20    evaluate the delivery of services to youth to ensure that
21    the rights of youth are fully observed;
22        (2) provide assistance to a youth or family whom the
23    Ombudsperson determines is in need of assistance,
24    including advocating with an agency, provider, or other
25    person in the best interests of the youth;
26        (3) investigate and attempt to resolve complaints made

 

 

HB4844 Engrossed- 1929 -LRB103 39009 AMC 69146 b

1    by or on behalf of youth, other than complaints alleging
2    criminal behavior or violations of the State Officials and
3    Employees Ethics Act, if the Office determines that the
4    investigation and resolution would further the purpose of
5    the Office, and:
6            (A) a youth committed to the Department of
7        Juvenile Justice or a county-operated juvenile
8        detention center or the youth's family is in need of
9        assistance from the Office; or
10            (B) a systemic issue in the Department of Juvenile
11        Justice's or county-operated juvenile detention
12        center's provision of services is raised by a
13        complaint;
14        (4) review or inspect periodically the facilities and
15    procedures of any county-operated juvenile detention
16    center or any facility in which a youth has been placed by
17    the Department of Juvenile Justice to ensure that the
18    rights of youth are fully observed; and
19        (5) be accessible to and meet confidentially and
20    regularly with youth committed to the Department or a
21    county-operated juvenile detention center and serve as a
22    resource by informing them of pertinent laws, rules, and
23    policies, and their rights thereunder.
24    (c) The following cases shall be reported immediately to
25the Director of Juvenile Justice and the Governor, and for
26cases that arise in county-operated juvenile detention

 

 

HB4844 Engrossed- 1930 -LRB103 39009 AMC 69146 b

1centers, to the chief judge of the applicable judicial circuit
2and the Director of the Administrative Office of the Illinois
3Courts:
4        (1) cases of severe abuse or injury of a youth;
5        (2) serious misconduct, misfeasance, malfeasance, or
6    serious violations of policies and procedures concerning
7    the administration of a Department of Juvenile Justice or
8    county-operated juvenile detention center program or
9    operation;
10        (3) serious problems concerning the delivery of
11    services in a county-operated juvenile detention center or
12    a facility operated by or under contract with the
13    Department of Juvenile Justice;
14        (4) interference by the Department of Juvenile Justice
15    or county-operated juvenile detention center with an
16    investigation conducted by the Office; and
17        (5) other cases as deemed necessary by the
18    Ombudsperson.
19    (d) Notwithstanding any other provision of law, the
20Ombudsperson may not investigate alleged criminal behavior or
21violations of the State Officials and Employees Ethics Act. If
22the Ombudsperson determines that a possible criminal act has
23been committed, or that special expertise is required in the
24investigation, the Ombudsperson shall immediately notify the
25Illinois State Police. If the Ombudsperson determines that a
26possible violation of the State Officials and Employees Ethics

 

 

HB4844 Engrossed- 1931 -LRB103 39009 AMC 69146 b

1Act has occurred, the Ombudsperson shall immediately refer the
2incident to the Office of the Governor's Executive Inspector
3General for investigation. If the Ombudsperson receives a
4complaint from a youth or third party regarding suspected
5abuse or neglect of a child, the Ombudsperson shall refer the
6incident to the Child Abuse and Neglect Hotline or to the
7Illinois State Police as mandated by the Abused and Neglected
8Child Reporting Act. Any investigation conducted by the
9Ombudsperson shall not be duplicative and shall be separate
10from any investigation mandated by the Abused and Neglected
11Child Reporting Act. All investigations conducted by the
12Ombudsperson shall be conducted in a manner designed to ensure
13the preservation of evidence for possible use in a criminal
14prosecution.
15    (e) In performance of the Ombudsperson's duties, the
16Ombudsperson may:
17        (1) review court files of youth;
18        (2) recommend policies, rules, and legislation
19    designed to protect youth;
20        (3) make appropriate referrals under any of the duties
21    and powers listed in this Section;
22        (4) attend internal administrative and disciplinary
23    hearings to ensure the rights of youth are fully observed
24    and advocate for the best interest of youth when deemed
25    necessary; and
26        (5) perform other acts, otherwise permitted or

 

 

HB4844 Engrossed- 1932 -LRB103 39009 AMC 69146 b

1    required by law, in furtherance of the purpose of the
2    Office.
3    (f) To assess if a youth's rights have been violated, the
4Ombudsperson may, in any matter that does not involve alleged
5criminal behavior, contact or consult with an administrator,
6employee, youth, parent, expert, or any other individual in
7the course of the Ombudsperson's investigation or to secure
8information as necessary to fulfill the Ombudsperson's duties.
9(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23;
10103-397, eff. 1-1-25; revised 9-14-23.)
 
11    (730 ILCS 5/3-2.7-30)
12    (Text of Section before amendment by P.A. 103-397)
13    Sec. 3-2.7-30. Duties of the Department of Juvenile
14Justice.
15    (a) The Department of Juvenile Justice shall allow any
16youth to communicate with the Ombudsperson or a deputy at any
17time. The communication:
18        (1) may be in person, by phone, by mail, or by any
19    other means deemed appropriate in light of security
20    concerns; and
21        (2) is confidential and privileged.
22    (b) The Department shall allow the Ombudsperson and
23deputies full and unannounced access to youth and Department
24facilities at any time. The Department shall furnish the
25Ombudsperson and deputies with appropriate meeting space in

 

 

HB4844 Engrossed- 1933 -LRB103 39009 AMC 69146 b

1each facility in order to preserve confidentiality.
2    (c) The Department shall allow the Ombudsperson and
3deputies to participate in professional development
4opportunities provided by the Department of Juvenile Justice
5as practical and to attend appropriate professional training
6when requested by the Ombudsperson.
7    (d) The Department shall provide the Ombudsperson copies
8of critical incident reports involving a youth residing in a
9facility operated by the Department. Critical incidents
10include, but are not limited to, severe injuries that result
11in hospitalization, suicide attempts that require medical
12intervention, sexual abuse, and escapes.
13    (e) The Department shall provide the Ombudsperson with
14reasonable advance notice of all internal administrative and
15disciplinary hearings regarding a youth residing in a facility
16operated by the Department.
17    (f) The Department of Juvenile Justice may not discharge,
18demote, discipline, or in any manner discriminate or retaliate
19against a youth or an employee who in good faith makes a
20complaint to the Office of the Independent Juvenile
21Ombudsperson or cooperates with the Office.
22(Source: P.A. 103-22, eff. 8-8-23.)
 
23    (Text of Section after amendment by P.A. 103-397)
24    Sec. 3-2.7-30. Duties of the Department of Juvenile
25Justice or county-operated juvenile detention center.

 

 

HB4844 Engrossed- 1934 -LRB103 39009 AMC 69146 b

1    (a) The Department of Juvenile Justice and every
2county-operated juvenile detention center shall allow any
3youth to communicate with the Ombudsperson or a deputy at any
4time. The communication:
5        (1) may be in person, by phone, by mail, or by any
6    other means deemed appropriate in light of security
7    concerns; and
8        (2) is confidential and privileged.
9    (b) The Department and county-operated juvenile detention
10centers shall allow the Ombudsperson and deputies full and
11unannounced access to youth and Department facilities and
12county-operated juvenile detention centers at any time. The
13Department and county-operated juvenile detention centers
14shall furnish the Ombudsperson and deputies with appropriate
15meeting space in each facility in order to preserve
16confidentiality.
17    (c) The Department and county-operated juvenile detention
18centers shall allow the Ombudsperson and deputies to
19participate in professional development opportunities provided
20by the Department of Juvenile Justice and county-operated
21juvenile detention centers as practical and to attend
22appropriate professional training when requested by the
23Ombudsperson.
24    (d) The Department and county-operated juvenile detention
25centers shall provide the Ombudsperson copies of critical
26incident reports involving a youth residing in a facility

 

 

HB4844 Engrossed- 1935 -LRB103 39009 AMC 69146 b

1operated by the Department or a county-operated juvenile
2detention center. Critical incidents include, but are not
3limited to, severe injuries that result in hospitalization,
4suicide attempts that require medical intervention, sexual
5abuse, and escapes.
6    (e) The Department and county-operated juvenile detention
7centers shall provide the Ombudsperson with reasonable advance
8notice of all internal administrative and disciplinary
9hearings regarding a youth residing in a facility operated by
10the Department or a county-operated juvenile detention center.
11    (f) The Department of Juvenile Justice and county-operated
12juvenile detention centers may not discharge, demote,
13discipline, or in any manner discriminate or retaliate against
14a youth or an employee who in good faith makes a complaint to
15the Office of the Independent Juvenile Ombudsperson or
16cooperates with the Office.
17(Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25;
18revised 9-14-23.)
 
19    (730 ILCS 5/3-2.7-35)
20    (Text of Section before amendment by P.A. 103-397)
21    Sec. 3-2.7-35. Reports. The Independent Juvenile
22Ombudsperson shall provide to the General Assembly and the
23Governor, no later than January 1 of each year, a summary of
24activities done in furtherance of the purpose of the Office
25for the prior fiscal year. The summaries shall contain data

 

 

HB4844 Engrossed- 1936 -LRB103 39009 AMC 69146 b

1both aggregated and disaggregated by individual facility and
2describe:
3        (1) the work of the Ombudsperson;
4        (2) the status of any review or investigation
5    undertaken by the Ombudsperson, but may not contain any
6    confidential or identifying information concerning the
7    subjects of the reports and investigations; and
8        (3) any recommendations that the Independent Juvenile
9    Ombudsperson has relating to a systemic issue in the
10    Department of Juvenile Justice's provision of services and
11    any other matters for consideration by the General
12    Assembly and the Governor.
13(Source: P.A. 103-22, eff. 8-8-23.)
 
14    (Text of Section after amendment by P.A. 103-397)
15    Sec. 3-2.7-35. Reports. The Independent Juvenile
16Ombudsperson shall provide to the General Assembly and the
17Governor, no later than January 1 of each year, a summary of
18activities done in furtherance of the purpose of the Office
19for the prior fiscal year. The summaries shall contain data
20both aggregated and disaggregated by individual facility and
21describe:
22        (1) the work of the Ombudsperson;
23        (2) the status of any review or investigation
24    undertaken by the Ombudsperson, but may not contain any
25    confidential or identifying information concerning the

 

 

HB4844 Engrossed- 1937 -LRB103 39009 AMC 69146 b

1    subjects of the reports and investigations; and
2        (3) any recommendations that the Independent Juvenile
3    Ombudsperson has relating to a systemic issue in the
4    Department of Juvenile Justice's or a county-operated
5    juvenile detention center's provision of services and any
6    other matters for consideration by the General Assembly
7    and the Governor.
8    With respect to county-operated juvenile detention
9centers, the Ombudsperson Ombudsman shall provide data
10responsive to paragraphs (1) through (3) to the chief judge of
11the applicable judicial circuit and to the Director of the
12Administrative Office of the Illinois Courts, and shall make
13the data publicly available.
14(Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25;
15revised 9-14-23.)
 
16    (730 ILCS 5/3-2.7-40)
17    (Text of Section before amendment by P.A. 103-397)
18    Sec. 3-2.7-40. Complaints. The Office of Independent
19Juvenile Ombudsperson shall promptly and efficiently act on
20complaints made by or on behalf of youth filed with the Office
21that relate to the operations or staff of the Department of
22Juvenile Justice. The Office shall maintain information about
23parties to the complaint, the subject matter of the complaint,
24a summary of the results of the review or investigation of the
25complaint, including any resolution of or recommendations made

 

 

HB4844 Engrossed- 1938 -LRB103 39009 AMC 69146 b

1as a result of the complaint. The Office shall make
2information available describing its procedures for complaint
3investigation and resolution. When applicable, the Office
4shall notify the complaining youth that an investigation and
5resolution may result in or will require disclosure of the
6complaining youth's identity. The Office shall periodically
7notify the complaint parties of the status of the complaint
8until final disposition.
9(Source: P.A. 103-22, eff. 8-8-23.)
 
10    (Text of Section after amendment by P.A. 103-397)
11    Sec. 3-2.7-40. Complaints. The Office of Independent
12Juvenile Ombudsperson shall promptly and efficiently act on
13complaints made by or on behalf of youth filed with the Office
14that relate to the operations or staff of the Department of
15Juvenile Justice or a county-operated juvenile detention
16center. The Office shall maintain information about parties to
17the complaint, the subject matter of the complaint, a summary
18of the results of the review or investigation of the
19complaint, including any resolution of or recommendations made
20as a result of the complaint. The Office shall make
21information available describing its procedures for complaint
22investigation and resolution. When applicable, the Office
23shall notify the complaining youth that an investigation and
24resolution may result in or will require disclosure of the
25complaining youth's identity. The Office shall periodically

 

 

HB4844 Engrossed- 1939 -LRB103 39009 AMC 69146 b

1notify the complaint parties of the status of the complaint
2until final disposition.
3(Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25;
4revised 9-18-23.)
 
5    (730 ILCS 5/3-2.7-50)
6    (Text of Section before amendment by P.A. 103-397)
7    Sec. 3-2.7-50. Promotion and awareness of Office. The
8Independent Juvenile Ombudsperson shall promote awareness
9among the public and youth of:
10        (1) the rights of youth committed to the Department;
11        (2) the purpose of the Office;
12        (3) how the Office may be contacted;
13        (4) the confidential nature of communications; and
14        (5) the services the Office provides.
15(Source: P.A. 103-22, eff. 8-8-23.)
 
16    (Text of Section after amendment by P.A. 103-397)
17    Sec. 3-2.7-50. Promotion and awareness of Office. The
18Independent Juvenile Ombudsperson shall promote awareness
19among the public and youth of:
20        (1) the rights of youth committed to the Department
21    and county-operated juvenile detention centers;
22        (2) the purpose of the Office;
23        (3) how the Office may be contacted;
24        (4) the confidential nature of communications; and

 

 

HB4844 Engrossed- 1940 -LRB103 39009 AMC 69146 b

1        (5) the services the Office provides.
2(Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25;
3revised 9-18-23.)
 
4    (730 ILCS 5/3-2.7-55)
5    (Text of Section before amendment by P.A. 103-397)
6    Sec. 3-2.7-55. Access to information of governmental
7entities. The Department of Juvenile Justice shall provide the
8Independent Juvenile Ombudsperson unrestricted access to all
9master record files of youth under Section 3-5-1 of this Code.
10Access to educational, social, psychological, mental health,
11substance abuse, and medical records shall not be disclosed
12except as provided in Section 5-910 of the Juvenile Court Act
13of 1987, the Mental Health and Developmental Disabilities
14Confidentiality Act, the School Code, and any applicable
15federal laws that govern access to those records.
16(Source: P.A. 103-22, eff. 8-8-23.)
 
17    (Text of Section after amendment by P.A. 103-397)
18    Sec. 3-2.7-55. Access to information of governmental
19entities. The Department of Juvenile Justice and
20county-operated juvenile detention centers shall provide the
21Independent Juvenile Ombudsperson unrestricted access to all
22master record files of youth under Section 3-5-1 of this Code
23or any other files of youth in the custody of county-operated
24juvenile detention centers, or both. Access to educational,

 

 

HB4844 Engrossed- 1941 -LRB103 39009 AMC 69146 b

1social, psychological, mental health, substance abuse, and
2medical records shall not be disclosed except as provided in
3Section 5-910 of the Juvenile Court Act of 1987, the Mental
4Health and Developmental Disabilities Confidentiality Act, the
5School Code, and any applicable federal laws that govern
6access to those records.
7(Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25;
8revised 9-15-23.)
 
9    (730 ILCS 5/3-5-1)
10    Sec. 3-5-1. Master record file.
11    (a) The Department of Corrections and the Department of
12Juvenile Justice shall maintain a master record file on each
13person committed to it, which shall contain the following
14information:
15        (1) all information from the committing court;
16        (1.5) ethnic and racial background data collected in
17    accordance with Section 4.5 of the Criminal Identification
18    Act and Section 2-5 of the No Representation Without
19    Population Act;
20        (1.6) the committed person's last known complete
21    street address prior to incarceration or legal residence
22    collected in accordance with Section 2-5 of the No
23    Representation Without Population Act;
24        (2) reception summary;
25        (3) evaluation and assignment reports and

 

 

HB4844 Engrossed- 1942 -LRB103 39009 AMC 69146 b

1    recommendations;
2        (4) reports as to program assignment and progress;
3        (5) reports of disciplinary infractions and
4    disposition, including tickets and Administrative Review
5    Board action;
6        (6) any parole or aftercare release plan;
7        (7) any parole or aftercare release reports;
8        (8) the date and circumstances of final discharge;
9        (9) criminal history;
10        (10) current and past gang affiliations and ranks;
11        (11) information regarding associations and family
12    relationships;
13        (12) any grievances filed and responses to those
14    grievances;
15        (13) other information that the respective Department
16    determines is relevant to the secure confinement and
17    rehabilitation of the committed person;
18        (14) the last known address provided by the person
19    committed; and
20        (15) all medical and dental records.
21    (b) All files shall be confidential and access shall be
22limited to authorized personnel of the respective Department
23or by disclosure in accordance with a court order or subpoena.
24Personnel of other correctional, welfare or law enforcement
25agencies may have access to files under rules and regulations
26of the respective Department. The respective Department shall

 

 

HB4844 Engrossed- 1943 -LRB103 39009 AMC 69146 b

1keep a record of all outside personnel who have access to
2files, the files reviewed, any file material copied, and the
3purpose of access. If the respective Department or the
4Prisoner Review Board makes a determination under this Code
5which affects the length of the period of confinement or
6commitment, the committed person and his counsel shall be
7advised of factual information relied upon by the respective
8Department or Board to make the determination, provided that
9the Department or Board shall not be required to advise a
10person committed to the Department of Juvenile Justice any
11such information which in the opinion of the Department of
12Juvenile Justice or Board would be detrimental to his
13treatment or rehabilitation.
14    (c) The master file shall be maintained at a place
15convenient to its use by personnel of the respective
16Department in charge of the person. When custody of a person is
17transferred from the Department to another department or
18agency, a summary of the file shall be forwarded to the
19receiving agency with such other information required by law
20or requested by the agency under rules and regulations of the
21respective Department.
22    (d) The master file of a person no longer in the custody of
23the respective Department shall be placed on inactive status
24and its use shall be restricted subject to rules and
25regulations of the Department.
26    (e) All public agencies may make available to the

 

 

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1respective Department on request any factual data not
2otherwise privileged as a matter of law in their possession in
3respect to individuals committed to the respective Department.
4    (f) A committed person may request a summary of the
5committed person's master record file once per year and the
6committed person's attorney may request one summary of the
7committed person's master record file once per year. The
8Department shall create a form for requesting this summary,
9and shall make that form available to committed persons and to
10the public on its website. Upon receipt of the request form,
11the Department shall provide the summary within 15 days. The
12summary must contain, unless otherwise prohibited by law:
13        (1) the person's name, ethnic, racial, last known
14    street address prior to incarceration or legal residence,
15    and other identifying information;
16        (2) all digitally available information from the
17    committing court;
18        (3) all information in the Offender 360 system on the
19    person's criminal history;
20        (4) the person's complete assignment history in the
21    Department of Corrections;
22        (5) the person's disciplinary card;
23        (6) additional records about up to 3 specific
24    disciplinary incidents as identified by the requester;
25        (7) any available records about up to 5 specific
26    grievances filed by the person, as identified by the

 

 

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1    requester; and
2        (8) the records of all grievances filed on or after
3    January 1, 2023.
4    Notwithstanding any provision of this subsection (f) to
5the contrary, a committed person's master record file is not
6subject to disclosure and copying under the Freedom of
7Information Act.
8    (g) Subject to appropriation, on or before July 1, 2025,
9the Department of Corrections shall digitalize all newly
10committed persons' master record files who become incarcerated
11and all other new information that the Department maintains
12concerning its correctional institutions, facilities, and
13individuals incarcerated.
14    (h) Subject to appropriation, on or before July 1, 2027,
15the Department of Corrections shall digitalize all medical and
16dental records in the master record files and all other
17information that the Department maintains concerning its
18correctional institutions and facilities in relation to
19medical records, dental records, and medical and dental needs
20of committed persons.
21    (i) Subject to appropriation, on or before July 1, 2029,
22the Department of Corrections shall digitalize all information
23in the master record files and all other information that the
24Department maintains concerning its correctional institutions
25and facilities.
26    (j) The Department of Corrections shall adopt rules to

 

 

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1implement subsections (g), (h), and (i) if appropriations are
2available to implement these provisions.
3    (k) Subject to appropriation, the Department of
4Corrections, in consultation with the Department of Innovation
5and Technology, shall conduct a study on the best way to
6digitize all Department of Corrections records and the impact
7of that digitizing on State agencies, including the impact on
8the Department of Innovation and Technology. The study shall
9be completed on or before January 1, 2024.
10(Source: P.A. 102-776, eff. 1-1-23; 102-784, eff. 5-13-22;
11103-18, eff. 1-1-24; 103-71, eff. 6-9-23; 103-154, eff.
126-30-23; revised 12-15-23.)
 
13    (730 ILCS 5/3-6-3)
14    Sec. 3-6-3. Rules and regulations for sentence credit.
15    (a)(1) The Department of Corrections shall prescribe rules
16and regulations for awarding and revoking sentence credit for
17persons committed to the Department of Corrections and the
18Department of Juvenile Justice shall prescribe rules and
19regulations for awarding and revoking sentence credit for
20persons committed to the Department of Juvenile Justice under
21Section 5-8-6 of the Unified Code of Corrections, which shall
22be subject to review by the Prisoner Review Board.
23    (1.5) As otherwise provided by law, sentence credit may be
24awarded for the following:
25        (A) successful completion of programming while in

 

 

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1    custody of the Department of Corrections or the Department
2    of Juvenile Justice or while in custody prior to
3    sentencing;
4        (B) compliance with the rules and regulations of the
5    Department; or
6        (C) service to the institution, service to a
7    community, or service to the State.
8    (2) Except as provided in paragraph (4.7) of this
9subsection (a), the rules and regulations on sentence credit
10shall provide, with respect to offenses listed in clause (i),
11(ii), or (iii) of this paragraph (2) committed on or after June
1219, 1998 or with respect to the offense listed in clause (iv)
13of this paragraph (2) committed on or after June 23, 2005 (the
14effective date of Public Act 94-71) or with respect to offense
15listed in clause (vi) committed on or after June 1, 2008 (the
16effective date of Public Act 95-625) or with respect to the
17offense of being an armed habitual criminal committed on or
18after August 2, 2005 (the effective date of Public Act 94-398)
19or with respect to the offenses listed in clause (v) of this
20paragraph (2) committed on or after August 13, 2007 (the
21effective date of Public Act 95-134) or with respect to the
22offense of aggravated domestic battery committed on or after
23July 23, 2010 (the effective date of Public Act 96-1224) or
24with respect to the offense of attempt to commit terrorism
25committed on or after January 1, 2013 (the effective date of
26Public Act 97-990), the following:

 

 

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1        (i) that a prisoner who is serving a term of
2    imprisonment for first degree murder or for the offense of
3    terrorism shall receive no sentence credit and shall serve
4    the entire sentence imposed by the court;
5        (ii) that a prisoner serving a sentence for attempt to
6    commit terrorism, attempt to commit first degree murder,
7    solicitation of murder, solicitation of murder for hire,
8    intentional homicide of an unborn child, predatory
9    criminal sexual assault of a child, aggravated criminal
10    sexual assault, criminal sexual assault, aggravated
11    kidnapping, aggravated battery with a firearm as described
12    in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3),
13    or (e)(4) of Section 12-3.05, heinous battery as described
14    in Section 12-4.1 or subdivision (a)(2) of Section
15    12-3.05, being an armed habitual criminal, aggravated
16    battery of a senior citizen as described in Section 12-4.6
17    or subdivision (a)(4) of Section 12-3.05, or aggravated
18    battery of a child as described in Section 12-4.3 or
19    subdivision (b)(1) of Section 12-3.05 shall receive no
20    more than 4.5 days of sentence credit for each month of his
21    or her sentence of imprisonment;
22        (iii) that a prisoner serving a sentence for home
23    invasion, armed robbery, aggravated vehicular hijacking,
24    aggravated discharge of a firearm, or armed violence with
25    a category I weapon or category II weapon, when the court
26    has made and entered a finding, pursuant to subsection

 

 

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1    (c-1) of Section 5-4-1 of this Code, that the conduct
2    leading to conviction for the enumerated offense resulted
3    in great bodily harm to a victim, shall receive no more
4    than 4.5 days of sentence credit for each month of his or
5    her sentence of imprisonment;
6        (iv) that a prisoner serving a sentence for aggravated
7    discharge of a firearm, whether or not the conduct leading
8    to conviction for the offense resulted in great bodily
9    harm to the victim, shall receive no more than 4.5 days of
10    sentence credit for each month of his or her sentence of
11    imprisonment;
12        (v) that a person serving a sentence for gunrunning,
13    narcotics racketeering, controlled substance trafficking,
14    methamphetamine trafficking, drug-induced homicide,
15    aggravated methamphetamine-related child endangerment,
16    money laundering pursuant to clause (c) (4) or (5) of
17    Section 29B-1 of the Criminal Code of 1961 or the Criminal
18    Code of 2012, or a Class X felony conviction for delivery
19    of a controlled substance, possession of a controlled
20    substance with intent to manufacture or deliver,
21    calculated criminal drug conspiracy, criminal drug
22    conspiracy, street gang criminal drug conspiracy,
23    participation in methamphetamine manufacturing,
24    aggravated participation in methamphetamine
25    manufacturing, delivery of methamphetamine, possession
26    with intent to deliver methamphetamine, aggravated

 

 

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1    delivery of methamphetamine, aggravated possession with
2    intent to deliver methamphetamine, methamphetamine
3    conspiracy when the substance containing the controlled
4    substance or methamphetamine is 100 grams or more shall
5    receive no more than 7.5 days sentence credit for each
6    month of his or her sentence of imprisonment;
7        (vi) that a prisoner serving a sentence for a second
8    or subsequent offense of luring a minor shall receive no
9    more than 4.5 days of sentence credit for each month of his
10    or her sentence of imprisonment; and
11        (vii) that a prisoner serving a sentence for
12    aggravated domestic battery shall receive no more than 4.5
13    days of sentence credit for each month of his or her
14    sentence of imprisonment.
15    (2.1) For all offenses, other than those enumerated in
16subdivision (a)(2)(i), (ii), or (iii) committed on or after
17June 19, 1998 or subdivision (a)(2)(iv) committed on or after
18June 23, 2005 (the effective date of Public Act 94-71) or
19subdivision (a)(2)(v) committed on or after August 13, 2007
20(the effective date of Public Act 95-134) or subdivision
21(a)(2)(vi) committed on or after June 1, 2008 (the effective
22date of Public Act 95-625) or subdivision (a)(2)(vii)
23committed on or after July 23, 2010 (the effective date of
24Public Act 96-1224), and other than the offense of aggravated
25driving under the influence of alcohol, other drug or drugs,
26or intoxicating compound or compounds, or any combination

 

 

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1thereof as defined in subparagraph (F) of paragraph (1) of
2subsection (d) of Section 11-501 of the Illinois Vehicle Code,
3and other than the offense of aggravated driving under the
4influence of alcohol, other drug or drugs, or intoxicating
5compound or compounds, or any combination thereof as defined
6in subparagraph (C) of paragraph (1) of subsection (d) of
7Section 11-501 of the Illinois Vehicle Code committed on or
8after January 1, 2011 (the effective date of Public Act
996-1230), the rules and regulations shall provide that a
10prisoner who is serving a term of imprisonment shall receive
11one day of sentence credit for each day of his or her sentence
12of imprisonment or recommitment under Section 3-3-9. Each day
13of sentence credit shall reduce by one day the prisoner's
14period of imprisonment or recommitment under Section 3-3-9.
15    (2.2) A prisoner serving a term of natural life
16imprisonment shall receive no sentence credit.
17    (2.3) Except as provided in paragraph (4.7) of this
18subsection (a), the rules and regulations on sentence credit
19shall provide that a prisoner who is serving a sentence for
20aggravated driving under the influence of alcohol, other drug
21or drugs, or intoxicating compound or compounds, or any
22combination thereof as defined in subparagraph (F) of
23paragraph (1) of subsection (d) of Section 11-501 of the
24Illinois Vehicle Code, shall receive no more than 4.5 days of
25sentence credit for each month of his or her sentence of
26imprisonment.

 

 

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1    (2.4) Except as provided in paragraph (4.7) of this
2subsection (a), the rules and regulations on sentence credit
3shall provide with respect to the offenses of aggravated
4battery with a machine gun or a firearm equipped with any
5device or attachment designed or used for silencing the report
6of a firearm or aggravated discharge of a machine gun or a
7firearm equipped with any device or attachment designed or
8used for silencing the report of a firearm, committed on or
9after July 15, 1999 (the effective date of Public Act 91-121),
10that a prisoner serving a sentence for any of these offenses
11shall receive no more than 4.5 days of sentence credit for each
12month of his or her sentence of imprisonment.
13    (2.5) Except as provided in paragraph (4.7) of this
14subsection (a), the rules and regulations on sentence credit
15shall provide that a prisoner who is serving a sentence for
16aggravated arson committed on or after July 27, 2001 (the
17effective date of Public Act 92-176) shall receive no more
18than 4.5 days of sentence credit for each month of his or her
19sentence of imprisonment.
20    (2.6) Except as provided in paragraph (4.7) of this
21subsection (a), the rules and regulations on sentence credit
22shall provide that a prisoner who is serving a sentence for
23aggravated driving under the influence of alcohol, other drug
24or drugs, or intoxicating compound or compounds or any
25combination thereof as defined in subparagraph (C) of
26paragraph (1) of subsection (d) of Section 11-501 of the

 

 

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1Illinois Vehicle Code committed on or after January 1, 2011
2(the effective date of Public Act 96-1230) shall receive no
3more than 4.5 days of sentence credit for each month of his or
4her sentence of imprisonment.
5    (3) In addition to the sentence credits earned under
6paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this
7subsection (a), the rules and regulations shall also provide
8that the Director of Corrections or the Director of Juvenile
9Justice may award up to 180 days of earned sentence credit for
10prisoners serving a sentence of incarceration of less than 5
11years, and up to 365 days of earned sentence credit for
12prisoners serving a sentence of 5 years or longer. The
13Director may grant this credit for good conduct in specific
14instances as either Director deems proper for eligible persons
15in the custody of each Director's respective Department. The
16good conduct may include, but is not limited to, compliance
17with the rules and regulations of the Department, service to
18the Department, service to a community, or service to the
19State.
20    Eligible inmates for an award of earned sentence credit
21under this paragraph (3) may be selected to receive the credit
22at either Director's or his or her designee's sole discretion.
23Eligibility for the additional earned sentence credit under
24this paragraph (3) may be based on, but is not limited to,
25participation in programming offered by the Department as
26appropriate for the prisoner based on the results of any

 

 

HB4844 Engrossed- 1954 -LRB103 39009 AMC 69146 b

1available risk/needs assessment or other relevant assessments
2or evaluations administered by the Department using a
3validated instrument, the circumstances of the crime,
4demonstrated commitment to rehabilitation by a prisoner with a
5history of conviction for a forcible felony enumerated in
6Section 2-8 of the Criminal Code of 2012, the inmate's
7behavior and improvements in disciplinary history while
8incarcerated, and the inmate's commitment to rehabilitation,
9including participation in programming offered by the
10Department.
11    The Director of Corrections or the Director of Juvenile
12Justice shall not award sentence credit under this paragraph
13(3) to an inmate unless the inmate has served a minimum of 60
14days of the sentence, including time served in a county jail;
15except nothing in this paragraph shall be construed to permit
16either Director to extend an inmate's sentence beyond that
17which was imposed by the court. Prior to awarding credit under
18this paragraph (3), each Director shall make a written
19determination that the inmate:
20        (A) is eligible for the earned sentence credit;
21        (B) has served a minimum of 60 days, or as close to 60
22    days as the sentence will allow;
23        (B-1) has received a risk/needs assessment or other
24    relevant evaluation or assessment administered by the
25    Department using a validated instrument; and
26        (C) has met the eligibility criteria established by

 

 

HB4844 Engrossed- 1955 -LRB103 39009 AMC 69146 b

1    rule for earned sentence credit.
2    The Director of Corrections or the Director of Juvenile
3Justice shall determine the form and content of the written
4determination required in this subsection.
5    (3.5) The Department shall provide annual written reports
6to the Governor and the General Assembly on the award of earned
7sentence credit no later than February 1 of each year. The
8Department must publish both reports on its website within 48
9hours of transmitting the reports to the Governor and the
10General Assembly. The reports must include:
11        (A) the number of inmates awarded earned sentence
12    credit;
13        (B) the average amount of earned sentence credit
14    awarded;
15        (C) the holding offenses of inmates awarded earned
16    sentence credit; and
17        (D) the number of earned sentence credit revocations.
18    (4)(A) Except as provided in paragraph (4.7) of this
19subsection (a), the rules and regulations shall also provide
20that any prisoner who is engaged full-time in substance abuse
21programs, correctional industry assignments, educational
22programs, work-release programs or activities in accordance
23with Article 13 of Chapter III of this Code, behavior
24modification programs, life skills courses, or re-entry
25planning provided by the Department under this paragraph (4)
26and satisfactorily completes the assigned program as

 

 

HB4844 Engrossed- 1956 -LRB103 39009 AMC 69146 b

1determined by the standards of the Department, shall receive
2one day of sentence credit for each day in which that prisoner
3is engaged in the activities described in this paragraph. The
4rules and regulations shall also provide that sentence credit
5may be provided to an inmate who was held in pre-trial
6detention prior to his or her current commitment to the
7Department of Corrections and successfully completed a
8full-time, 60-day or longer substance abuse program,
9educational program, behavior modification program, life
10skills course, or re-entry planning provided by the county
11department of corrections or county jail. Calculation of this
12county program credit shall be done at sentencing as provided
13in Section 5-4.5-100 of this Code and shall be included in the
14sentencing order. The rules and regulations shall also provide
15that sentence credit may be provided to an inmate who is in
16compliance with programming requirements in an adult
17transition center.
18    (B) The Department shall award sentence credit under this
19paragraph (4) accumulated prior to January 1, 2020 (the
20effective date of Public Act 101-440) in an amount specified
21in subparagraph (C) of this paragraph (4) to an inmate serving
22a sentence for an offense committed prior to June 19, 1998, if
23the Department determines that the inmate is entitled to this
24sentence credit, based upon:
25        (i) documentation provided by the Department that the
26    inmate engaged in any full-time substance abuse programs,

 

 

HB4844 Engrossed- 1957 -LRB103 39009 AMC 69146 b

1    correctional industry assignments, educational programs,
2    behavior modification programs, life skills courses, or
3    re-entry planning provided by the Department under this
4    paragraph (4) and satisfactorily completed the assigned
5    program as determined by the standards of the Department
6    during the inmate's current term of incarceration; or
7        (ii) the inmate's own testimony in the form of an
8    affidavit or documentation, or a third party's
9    documentation or testimony in the form of an affidavit
10    that the inmate likely engaged in any full-time substance
11    abuse programs, correctional industry assignments,
12    educational programs, behavior modification programs, life
13    skills courses, or re-entry planning provided by the
14    Department under paragraph (4) and satisfactorily
15    completed the assigned program as determined by the
16    standards of the Department during the inmate's current
17    term of incarceration.
18    (C) If the inmate can provide documentation that he or she
19is entitled to sentence credit under subparagraph (B) in
20excess of 45 days of participation in those programs, the
21inmate shall receive 90 days of sentence credit. If the inmate
22cannot provide documentation of more than 45 days of
23participation in those programs, the inmate shall receive 45
24days of sentence credit. In the event of a disagreement
25between the Department and the inmate as to the amount of
26credit accumulated under subparagraph (B), if the Department

 

 

HB4844 Engrossed- 1958 -LRB103 39009 AMC 69146 b

1provides documented proof of a lesser amount of days of
2participation in those programs, that proof shall control. If
3the Department provides no documentary proof, the inmate's
4proof as set forth in clause (ii) of subparagraph (B) shall
5control as to the amount of sentence credit provided.
6    (D) If the inmate has been convicted of a sex offense as
7defined in Section 2 of the Sex Offender Registration Act,
8sentencing credits under subparagraph (B) of this paragraph
9(4) shall be awarded by the Department only if the conditions
10set forth in paragraph (4.6) of subsection (a) are satisfied.
11No inmate serving a term of natural life imprisonment shall
12receive sentence credit under subparagraph (B) of this
13paragraph (4).
14    (E) The rules and regulations shall provide for the
15recalculation of program credits awarded pursuant to this
16paragraph (4) prior to July 1, 2021 (the effective date of
17Public Act 101-652) at the rate set for such credits on and
18after July 1, 2021.
19    Educational, vocational, substance abuse, behavior
20modification programs, life skills courses, re-entry planning,
21and correctional industry programs under which sentence credit
22may be earned under this paragraph (4) and paragraph (4.1) of
23this subsection (a) shall be evaluated by the Department on
24the basis of documented standards. The Department shall report
25the results of these evaluations to the Governor and the
26General Assembly by September 30th of each year. The reports

 

 

HB4844 Engrossed- 1959 -LRB103 39009 AMC 69146 b

1shall include data relating to the recidivism rate among
2program participants.
3    Availability of these programs shall be subject to the
4limits of fiscal resources appropriated by the General
5Assembly for these purposes. Eligible inmates who are denied
6immediate admission shall be placed on a waiting list under
7criteria established by the Department. The rules and
8regulations shall provide that a prisoner who has been placed
9on a waiting list but is transferred for non-disciplinary
10reasons before beginning a program shall receive priority
11placement on the waitlist for appropriate programs at the new
12facility. The inability of any inmate to become engaged in any
13such programs by reason of insufficient program resources or
14for any other reason established under the rules and
15regulations of the Department shall not be deemed a cause of
16action under which the Department or any employee or agent of
17the Department shall be liable for damages to the inmate. The
18rules and regulations shall provide that a prisoner who begins
19an educational, vocational, substance abuse, work-release
20programs or activities in accordance with Article 13 of
21Chapter III of this Code, behavior modification program, life
22skills course, re-entry planning, or correctional industry
23programs but is unable to complete the program due to illness,
24disability, transfer, lockdown, or another reason outside of
25the prisoner's control shall receive prorated sentence credits
26for the days in which the prisoner did participate.

 

 

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1    (4.1) Except as provided in paragraph (4.7) of this
2subsection (a), the rules and regulations shall also provide
3that an additional 90 days of sentence credit shall be awarded
4to any prisoner who passes high school equivalency testing
5while the prisoner is committed to the Department of
6Corrections. The sentence credit awarded under this paragraph
7(4.1) shall be in addition to, and shall not affect, the award
8of sentence credit under any other paragraph of this Section,
9but shall also be pursuant to the guidelines and restrictions
10set forth in paragraph (4) of subsection (a) of this Section.
11The sentence credit provided for in this paragraph shall be
12available only to those prisoners who have not previously
13earned a high school diploma or a State of Illinois High School
14Diploma. If, after an award of the high school equivalency
15testing sentence credit has been made, the Department
16determines that the prisoner was not eligible, then the award
17shall be revoked. The Department may also award 90 days of
18sentence credit to any committed person who passed high school
19equivalency testing while he or she was held in pre-trial
20detention prior to the current commitment to the Department of
21Corrections. Except as provided in paragraph (4.7) of this
22subsection (a), the rules and regulations shall provide that
23an additional 120 days of sentence credit shall be awarded to
24any prisoner who obtains an associate degree while the
25prisoner is committed to the Department of Corrections,
26regardless of the date that the associate degree was obtained,

 

 

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1including if prior to July 1, 2021 (the effective date of
2Public Act 101-652). The sentence credit awarded under this
3paragraph (4.1) shall be in addition to, and shall not affect,
4the award of sentence credit under any other paragraph of this
5Section, but shall also be under the guidelines and
6restrictions set forth in paragraph (4) of subsection (a) of
7this Section. The sentence credit provided for in this
8paragraph (4.1) shall be available only to those prisoners who
9have not previously earned an associate degree prior to the
10current commitment to the Department of Corrections. If, after
11an award of the associate degree sentence credit has been made
12and the Department determines that the prisoner was not
13eligible, then the award shall be revoked. The Department may
14also award 120 days of sentence credit to any committed person
15who earned an associate degree while he or she was held in
16pre-trial detention prior to the current commitment to the
17Department of Corrections.
18    Except as provided in paragraph (4.7) of this subsection
19(a), the rules and regulations shall provide that an
20additional 180 days of sentence credit shall be awarded to any
21prisoner who obtains a bachelor's degree while the prisoner is
22committed to the Department of Corrections. The sentence
23credit awarded under this paragraph (4.1) shall be in addition
24to, and shall not affect, the award of sentence credit under
25any other paragraph of this Section, but shall also be under
26the guidelines and restrictions set forth in paragraph (4) of

 

 

HB4844 Engrossed- 1962 -LRB103 39009 AMC 69146 b

1this subsection (a). The sentence credit provided for in this
2paragraph shall be available only to those prisoners who have
3not earned a bachelor's degree prior to the current commitment
4to the Department of Corrections. If, after an award of the
5bachelor's degree sentence credit has been made, the
6Department determines that the prisoner was not eligible, then
7the award shall be revoked. The Department may also award 180
8days of sentence credit to any committed person who earned a
9bachelor's degree while he or she was held in pre-trial
10detention prior to the current commitment to the Department of
11Corrections.
12    Except as provided in paragraph (4.7) of this subsection
13(a), the rules and regulations shall provide that an
14additional 180 days of sentence credit shall be awarded to any
15prisoner who obtains a master's or professional degree while
16the prisoner is committed to the Department of Corrections.
17The sentence credit awarded under this paragraph (4.1) shall
18be in addition to, and shall not affect, the award of sentence
19credit under any other paragraph of this Section, but shall
20also be under the guidelines and restrictions set forth in
21paragraph (4) of this subsection (a). The sentence credit
22provided for in this paragraph shall be available only to
23those prisoners who have not previously earned a master's or
24professional degree prior to the current commitment to the
25Department of Corrections. If, after an award of the master's
26or professional degree sentence credit has been made, the

 

 

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1Department determines that the prisoner was not eligible, then
2the award shall be revoked. The Department may also award 180
3days of sentence credit to any committed person who earned a
4master's or professional degree while he or she was held in
5pre-trial detention prior to the current commitment to the
6Department of Corrections.
7    (4.2)(A) The rules and regulations shall also provide that
8any prisoner engaged in self-improvement programs, volunteer
9work, or work assignments that are not otherwise eligible
10activities under paragraph (4), shall receive up to 0.5 days
11of sentence credit for each day in which the prisoner is
12engaged in activities described in this paragraph.
13    (B) The rules and regulations shall provide for the award
14of sentence credit under this paragraph (4.2) for qualifying
15days of engagement in eligible activities occurring prior to
16July 1, 2021 (the effective date of Public Act 101-652).
17    (4.5) The rules and regulations on sentence credit shall
18also provide that when the court's sentencing order recommends
19a prisoner for substance abuse treatment and the crime was
20committed on or after September 1, 2003 (the effective date of
21Public Act 93-354), the prisoner shall receive no sentence
22credit awarded under clause (3) of this subsection (a) unless
23he or she participates in and completes a substance abuse
24treatment program. The Director of Corrections may waive the
25requirement to participate in or complete a substance abuse
26treatment program in specific instances if the prisoner is not

 

 

HB4844 Engrossed- 1964 -LRB103 39009 AMC 69146 b

1a good candidate for a substance abuse treatment program for
2medical, programming, or operational reasons. Availability of
3substance abuse treatment shall be subject to the limits of
4fiscal resources appropriated by the General Assembly for
5these purposes. If treatment is not available and the
6requirement to participate and complete the treatment has not
7been waived by the Director, the prisoner shall be placed on a
8waiting list under criteria established by the Department. The
9Director may allow a prisoner placed on a waiting list to
10participate in and complete a substance abuse education class
11or attend substance abuse self-help meetings in lieu of a
12substance abuse treatment program. A prisoner on a waiting
13list who is not placed in a substance abuse program prior to
14release may be eligible for a waiver and receive sentence
15credit under clause (3) of this subsection (a) at the
16discretion of the Director.
17    (4.6) The rules and regulations on sentence credit shall
18also provide that a prisoner who has been convicted of a sex
19offense as defined in Section 2 of the Sex Offender
20Registration Act shall receive no sentence credit unless he or
21she either has successfully completed or is participating in
22sex offender treatment as defined by the Sex Offender
23Management Board. However, prisoners who are waiting to
24receive treatment, but who are unable to do so due solely to
25the lack of resources on the part of the Department, may, at
26either Director's sole discretion, be awarded sentence credit

 

 

HB4844 Engrossed- 1965 -LRB103 39009 AMC 69146 b

1at a rate as the Director shall determine.
2    (4.7) On or after January 1, 2018 (the effective date of
3Public Act 100-3), sentence credit under paragraph (3), (4),
4or (4.1) of this subsection (a) may be awarded to a prisoner
5who is serving a sentence for an offense described in
6paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
7on or after January 1, 2018 (the effective date of Public Act
8100-3); provided, the award of the credits under this
9paragraph (4.7) shall not reduce the sentence of the prisoner
10to less than the following amounts:
11        (i) 85% of his or her sentence if the prisoner is
12    required to serve 85% of his or her sentence; or
13        (ii) 60% of his or her sentence if the prisoner is
14    required to serve 75% of his or her sentence, except if the
15    prisoner is serving a sentence for gunrunning his or her
16    sentence shall not be reduced to less than 75%.
17        (iii) 100% of his or her sentence if the prisoner is
18    required to serve 100% of his or her sentence.
19    (5) Whenever the Department is to release any inmate
20earlier than it otherwise would because of a grant of earned
21sentence credit under paragraph (3) of subsection (a) of this
22Section given at any time during the term, the Department
23shall give reasonable notice of the impending release not less
24than 14 days prior to the date of the release to the State's
25Attorney of the county where the prosecution of the inmate
26took place, and if applicable, the State's Attorney of the

 

 

HB4844 Engrossed- 1966 -LRB103 39009 AMC 69146 b

1county into which the inmate will be released. The Department
2must also make identification information and a recent photo
3of the inmate being released accessible on the Internet by
4means of a hyperlink labeled "Community Notification of Inmate
5Early Release" on the Department's World Wide Web homepage.
6The identification information shall include the inmate's:
7name, any known alias, date of birth, physical
8characteristics, commitment offense, and county where
9conviction was imposed. The identification information shall
10be placed on the website within 3 days of the inmate's release
11and the information may not be removed until either:
12completion of the first year of mandatory supervised release
13or return of the inmate to custody of the Department.
14    (b) Whenever a person is or has been committed under
15several convictions, with separate sentences, the sentences
16shall be construed under Section 5-8-4 in granting and
17forfeiting of sentence credit.
18    (c) (1) The Department shall prescribe rules and
19regulations for revoking sentence credit, including revoking
20sentence credit awarded under paragraph (3) of subsection (a)
21of this Section. The Department shall prescribe rules and
22regulations establishing and requiring the use of a sanctions
23matrix for revoking sentence credit. The Department shall
24prescribe rules and regulations for suspending or reducing the
25rate of accumulation of sentence credit for specific rule
26violations, during imprisonment. These rules and regulations

 

 

HB4844 Engrossed- 1967 -LRB103 39009 AMC 69146 b

1shall provide that no inmate may be penalized more than one
2year of sentence credit for any one infraction.
3    (2) When the Department seeks to revoke, suspend, or
4reduce the rate of accumulation of any sentence credits for an
5alleged infraction of its rules, it shall bring charges
6therefor against the prisoner sought to be so deprived of
7sentence credits before the Prisoner Review Board as provided
8in subparagraph (a)(4) of Section 3-3-2 of this Code, if the
9amount of credit at issue exceeds 30 days, whether from one
10infraction or cumulatively from multiple infractions arising
11out of a single event, or when, during any 12-month period, the
12cumulative amount of credit revoked exceeds 30 days except
13where the infraction is committed or discovered within 60 days
14of scheduled release. In those cases, the Department of
15Corrections may revoke up to 30 days of sentence credit. The
16Board may subsequently approve the revocation of additional
17sentence credit, if the Department seeks to revoke sentence
18credit in excess of 30 days. However, the Board shall not be
19empowered to review the Department's decision with respect to
20the loss of 30 days of sentence credit within any calendar year
21for any prisoner or to increase any penalty beyond the length
22requested by the Department.
23    (3) The Director of Corrections or the Director of
24Juvenile Justice, in appropriate cases, may restore sentence
25credits which have been revoked, suspended, or reduced. The
26Department shall prescribe rules and regulations governing the

 

 

HB4844 Engrossed- 1968 -LRB103 39009 AMC 69146 b

1restoration of sentence credits. These rules and regulations
2shall provide for the automatic restoration of sentence
3credits following a period in which the prisoner maintains a
4record without a disciplinary violation.
5    Nothing contained in this Section shall prohibit the
6Prisoner Review Board from ordering, pursuant to Section
73-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
8sentence imposed by the court that was not served due to the
9accumulation of sentence credit.
10    (d) If a lawsuit is filed by a prisoner in an Illinois or
11federal court against the State, the Department of
12Corrections, or the Prisoner Review Board, or against any of
13their officers or employees, and the court makes a specific
14finding that a pleading, motion, or other paper filed by the
15prisoner is frivolous, the Department of Corrections shall
16conduct a hearing to revoke up to 180 days of sentence credit
17by bringing charges against the prisoner sought to be deprived
18of the sentence credits before the Prisoner Review Board as
19provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
20If the prisoner has not accumulated 180 days of sentence
21credit at the time of the finding, then the Prisoner Review
22Board may revoke all sentence credit accumulated by the
23prisoner.
24    For purposes of this subsection (d):
25        (1) "Frivolous" means that a pleading, motion, or
26    other filing which purports to be a legal document filed

 

 

HB4844 Engrossed- 1969 -LRB103 39009 AMC 69146 b

1    by a prisoner in his or her lawsuit meets any or all of the
2    following criteria:
3            (A) it lacks an arguable basis either in law or in
4        fact;
5            (B) it is being presented for any improper
6        purpose, such as to harass or to cause unnecessary
7        delay or needless increase in the cost of litigation;
8            (C) the claims, defenses, and other legal
9        contentions therein are not warranted by existing law
10        or by a nonfrivolous argument for the extension,
11        modification, or reversal of existing law or the
12        establishment of new law;
13            (D) the allegations and other factual contentions
14        do not have evidentiary support or, if specifically so
15        identified, are not likely to have evidentiary support
16        after a reasonable opportunity for further
17        investigation or discovery; or
18            (E) the denials of factual contentions are not
19        warranted on the evidence, or if specifically so
20        identified, are not reasonably based on a lack of
21        information or belief.
22        (2) "Lawsuit" means a motion pursuant to Section 116-3
23    of the Code of Criminal Procedure of 1963, a habeas corpus
24    action under Article X of the Code of Civil Procedure or
25    under federal law (28 U.S.C. 2254), a petition for claim
26    under the Court of Claims Act, an action under the federal

 

 

HB4844 Engrossed- 1970 -LRB103 39009 AMC 69146 b

1    Civil Rights Act (42 U.S.C. 1983), or a second or
2    subsequent petition for post-conviction relief under
3    Article 122 of the Code of Criminal Procedure of 1963
4    whether filed with or without leave of court or a second or
5    subsequent petition for relief from judgment under Section
6    2-1401 of the Code of Civil Procedure.
7    (e) Nothing in Public Act 90-592 or 90-593 affects the
8validity of Public Act 89-404.
9    (f) Whenever the Department is to release any inmate who
10has been convicted of a violation of an order of protection
11under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
12the Criminal Code of 2012, earlier than it otherwise would
13because of a grant of sentence credit, the Department, as a
14condition of release, shall require that the person, upon
15release, be placed under electronic surveillance as provided
16in Section 5-8A-7 of this Code.
17(Source: P.A. 102-28, eff. 6-25-21; 102-558, eff. 8-20-21;
18102-784, eff. 5-13-22; 102-1100, eff. 1-1-23; 103-51, eff.
191-1-24; 103-154, eff. 6-30-23; 103-330, eff. 1-1-24; revised
2012-15-23.)
 
21    (730 ILCS 5/3-8-10)  (from Ch. 38, par. 1003-8-10)
22    Sec. 3-8-10. Intrastate detainers. Subsections Subsection
23(b), (c), and (e) of Section 103-5 of the Code of Criminal
24Procedure of 1963 shall also apply to persons committed to any
25institution or facility or program of the Illinois Department

 

 

HB4844 Engrossed- 1971 -LRB103 39009 AMC 69146 b

1of Corrections who have untried complaints, charges or
2indictments pending in any county of this State, and such
3person shall include in the demand under subsection (b), a
4statement of the place of present commitment, the term, and
5length of the remaining term, the charges pending against him
6or her to be tried and the county of the charges, and the
7demand shall be addressed to the state's attorney of the
8county where he or she is charged with a copy to the clerk of
9that court and a copy to the chief administrative officer of
10the Department of Corrections institution or facility to which
11he or she is committed. The state's attorney shall then
12procure the presence of the defendant for trial in his county
13by habeas corpus. Additional time may be granted by the court
14for the process of bringing and serving an order of habeas
15corpus ad prosequendum. In the event that the person is not
16brought to trial within the allotted time, then the charge for
17which he or she has requested a speedy trial shall be
18dismissed. The provisions of this Section do not apply to
19persons no longer committed to a facility or program of the
20Illinois Department of Corrections. A person serving a period
21of parole or mandatory supervised release under the
22supervision of the Department of Corrections, for the purpose
23of this Section, shall not be deemed to be committed to the
24Department.
25(Source: P.A. 103-51, eff. 1-1-24; revised 1-2-24.)
 

 

 

HB4844 Engrossed- 1972 -LRB103 39009 AMC 69146 b

1    (730 ILCS 5/5-4-1)  (from Ch. 38, par. 1005-4-1)
2    Sec. 5-4-1. Sentencing hearing.
3    (a) After a determination of guilt, a hearing shall be
4held to impose the sentence. However, prior to the imposition
5of sentence on an individual being sentenced for an offense
6based upon a charge for a violation of Section 11-501 of the
7Illinois Vehicle Code or a similar provision of a local
8ordinance, the individual must undergo a professional
9evaluation to determine if an alcohol or other drug abuse
10problem exists and the extent of such a problem. Programs
11conducting these evaluations shall be licensed by the
12Department of Human Services. However, if the individual is
13not a resident of Illinois, the court may, in its discretion,
14accept an evaluation from a program in the state of such
15individual's residence. The court shall make a specific
16finding about whether the defendant is eligible for
17participation in a Department impact incarceration program as
18provided in Section 5-8-1.1 or 5-8-1.3, and if not, provide an
19explanation as to why a sentence to impact incarceration is
20not an appropriate sentence. The court may in its sentencing
21order recommend a defendant for placement in a Department of
22Corrections substance abuse treatment program as provided in
23paragraph (a) of subsection (1) of Section 3-2-2 conditioned
24upon the defendant being accepted in a program by the
25Department of Corrections. At the hearing the court shall:
26        (1) consider the evidence, if any, received upon the

 

 

HB4844 Engrossed- 1973 -LRB103 39009 AMC 69146 b

1    trial;
2        (2) consider any presentence reports;
3        (3) consider the financial impact of incarceration
4    based on the financial impact statement filed with the
5    clerk of the court by the Department of Corrections;
6        (4) consider evidence and information offered by the
7    parties in aggravation and mitigation;
8        (4.5) consider substance abuse treatment, eligibility
9    screening, and an assessment, if any, of the defendant by
10    an agent designated by the State of Illinois to provide
11    assessment services for the Illinois courts;
12        (5) hear arguments as to sentencing alternatives;
13        (6) afford the defendant the opportunity to make a
14    statement in his own behalf;
15        (7) afford the victim of a violent crime or a
16    violation of Section 11-501 of the Illinois Vehicle Code,
17    or a similar provision of a local ordinance, the
18    opportunity to present an oral or written statement, as
19    guaranteed by Article I, Section 8.1 of the Illinois
20    Constitution and provided in Section 6 of the Rights of
21    Crime Victims and Witnesses Act. The court shall allow a
22    victim to make an oral statement if the victim is present
23    in the courtroom and requests to make an oral or written
24    statement. An oral or written statement includes the
25    victim or a representative of the victim reading the
26    written statement. The court may allow persons impacted by

 

 

HB4844 Engrossed- 1974 -LRB103 39009 AMC 69146 b

1    the crime who are not victims under subsection (a) of
2    Section 3 of the Rights of Crime Victims and Witnesses Act
3    to present an oral or written statement. A victim and any
4    person making an oral statement shall not be put under
5    oath or subject to cross-examination. All statements
6    offered under this paragraph (7) shall become part of the
7    record of the court. In this paragraph (7), "victim of a
8    violent crime" means a person who is a victim of a violent
9    crime for which the defendant has been convicted after a
10    bench or jury trial or a person who is the victim of a
11    violent crime with which the defendant was charged and the
12    defendant has been convicted under a plea agreement of a
13    crime that is not a violent crime as defined in subsection
14    (c) of 3 of the Rights of Crime Victims and Witnesses Act;
15        (7.5) afford a qualified person affected by: (i) a
16    violation of Section 405, 405.1, 405.2, or 407 of the
17    Illinois Controlled Substances Act or a violation of
18    Section 55 or Section 65 of the Methamphetamine Control
19    and Community Protection Act; or (ii) a Class 4 felony
20    violation of Section 11-14, 11-14.3 except as described in
21    subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18,
22    11-18.1, or 11-19 of the Criminal Code of 1961 or the
23    Criminal Code of 2012, committed by the defendant the
24    opportunity to make a statement concerning the impact on
25    the qualified person and to offer evidence in aggravation
26    or mitigation; provided that the statement and evidence

 

 

HB4844 Engrossed- 1975 -LRB103 39009 AMC 69146 b

1    offered in aggravation or mitigation shall first be
2    prepared in writing in conjunction with the State's
3    Attorney before it may be presented orally at the hearing.
4    Sworn testimony offered by the qualified person is subject
5    to the defendant's right to cross-examine. All statements
6    and evidence offered under this paragraph (7.5) shall
7    become part of the record of the court. In this paragraph
8    (7.5), "qualified person" means any person who: (i) lived
9    or worked within the territorial jurisdiction where the
10    offense took place when the offense took place; or (ii) is
11    familiar with various public places within the territorial
12    jurisdiction where the offense took place when the offense
13    took place. "Qualified person" includes any peace officer
14    or any member of any duly organized State, county, or
15    municipal peace officer unit assigned to the territorial
16    jurisdiction where the offense took place when the offense
17    took place;
18        (8) in cases of reckless homicide afford the victim's
19    spouse, guardians, parents or other immediate family
20    members an opportunity to make oral statements;
21        (9) in cases involving a felony sex offense as defined
22    under the Sex Offender Management Board Act, consider the
23    results of the sex offender evaluation conducted pursuant
24    to Section 5-3-2 of this Act; and
25        (10) make a finding of whether a motor vehicle was
26    used in the commission of the offense for which the

 

 

HB4844 Engrossed- 1976 -LRB103 39009 AMC 69146 b

1    defendant is being sentenced.
2    (b) All sentences shall be imposed by the judge based upon
3his independent assessment of the elements specified above and
4any agreement as to sentence reached by the parties. The judge
5who presided at the trial or the judge who accepted the plea of
6guilty shall impose the sentence unless he is no longer
7sitting as a judge in that court. Where the judge does not
8impose sentence at the same time on all defendants who are
9convicted as a result of being involved in the same offense,
10the defendant or the State's Attorney may advise the
11sentencing court of the disposition of any other defendants
12who have been sentenced.
13    (b-1) In imposing a sentence of imprisonment or periodic
14imprisonment for a Class 3 or Class 4 felony for which a
15sentence of probation or conditional discharge is an available
16sentence, if the defendant has no prior sentence of probation
17or conditional discharge and no prior conviction for a violent
18crime, the defendant shall not be sentenced to imprisonment
19before review and consideration of a presentence report and
20determination and explanation of why the particular evidence,
21information, factor in aggravation, factual finding, or other
22reasons support a sentencing determination that one or more of
23the factors under subsection (a) of Section 5-6-1 of this Code
24apply and that probation or conditional discharge is not an
25appropriate sentence.
26    (c) In imposing a sentence for a violent crime or for an

 

 

HB4844 Engrossed- 1977 -LRB103 39009 AMC 69146 b

1offense of operating or being in physical control of a vehicle
2while under the influence of alcohol, any other drug or any
3combination thereof, or a similar provision of a local
4ordinance, when such offense resulted in the personal injury
5to someone other than the defendant, the trial judge shall
6specify on the record the particular evidence, information,
7factors in mitigation and aggravation or other reasons that
8led to his sentencing determination. The full verbatim record
9of the sentencing hearing shall be filed with the clerk of the
10court and shall be a public record.
11    (c-1) In imposing a sentence for the offense of aggravated
12kidnapping for ransom, home invasion, armed robbery,
13aggravated vehicular hijacking, aggravated discharge of a
14firearm, or armed violence with a category I weapon or
15category II weapon, the trial judge shall make a finding as to
16whether the conduct leading to conviction for the offense
17resulted in great bodily harm to a victim, and shall enter that
18finding and the basis for that finding in the record.
19    (c-1.5) Notwithstanding any other provision of law to the
20contrary, in imposing a sentence for an offense that requires
21a mandatory minimum sentence of imprisonment, the court may
22instead sentence the offender to probation, conditional
23discharge, or a lesser term of imprisonment it deems
24appropriate if: (1) the offense involves the use or possession
25of drugs, retail theft, or driving on a revoked license due to
26unpaid financial obligations; (2) the court finds that the

 

 

HB4844 Engrossed- 1978 -LRB103 39009 AMC 69146 b

1defendant does not pose a risk to public safety; and (3) the
2interest of justice requires imposing a term of probation,
3conditional discharge, or a lesser term of imprisonment. The
4court must state on the record its reasons for imposing
5probation, conditional discharge, or a lesser term of
6imprisonment.
7    (c-2) If the defendant is sentenced to prison, other than
8when a sentence of natural life imprisonment is imposed, at
9the time the sentence is imposed the judge shall state on the
10record in open court the approximate period of time the
11defendant will serve in custody according to the then current
12statutory rules and regulations for sentence credit found in
13Section 3-6-3 and other related provisions of this Code. This
14statement is intended solely to inform the public, has no
15legal effect on the defendant's actual release, and may not be
16relied on by the defendant on appeal.
17    The judge's statement, to be given after pronouncing the
18sentence, other than when the sentence is imposed for one of
19the offenses enumerated in paragraph (a)(4) of Section 3-6-3,
20shall include the following:
21    "The purpose of this statement is to inform the public of
22the actual period of time this defendant is likely to spend in
23prison as a result of this sentence. The actual period of
24prison time served is determined by the statutes of Illinois
25as applied to this sentence by the Illinois Department of
26Corrections and the Illinois Prisoner Review Board. In this

 

 

HB4844 Engrossed- 1979 -LRB103 39009 AMC 69146 b

1case, assuming the defendant receives all of his or her
2sentence credit, the period of estimated actual custody is ...
3years and ... months, less up to 180 days additional earned
4sentence credit. If the defendant, because of his or her own
5misconduct or failure to comply with the institutional
6regulations, does not receive those credits, the actual time
7served in prison will be longer. The defendant may also
8receive an additional one-half day sentence credit for each
9day of participation in vocational, industry, substance abuse,
10and educational programs as provided for by Illinois statute."
11    When the sentence is imposed for one of the offenses
12enumerated in paragraph (a)(2) of Section 3-6-3, other than
13first degree murder, and the offense was committed on or after
14June 19, 1998, and when the sentence is imposed for reckless
15homicide as defined in subsection (e) of Section 9-3 of the
16Criminal Code of 1961 or the Criminal Code of 2012 if the
17offense was committed on or after January 1, 1999, and when the
18sentence is imposed for aggravated driving under the influence
19of alcohol, other drug or drugs, or intoxicating compound or
20compounds, or any combination thereof as defined in
21subparagraph (F) of paragraph (1) of subsection (d) of Section
2211-501 of the Illinois Vehicle Code, and when the sentence is
23imposed for aggravated arson if the offense was committed on
24or after July 27, 2001 (the effective date of Public Act
2592-176), and when the sentence is imposed for aggravated
26driving under the influence of alcohol, other drug or drugs,

 

 

HB4844 Engrossed- 1980 -LRB103 39009 AMC 69146 b

1or intoxicating compound or compounds, or any combination
2thereof as defined in subparagraph (C) of paragraph (1) of
3subsection (d) of Section 11-501 of the Illinois Vehicle Code
4committed on or after January 1, 2011 (the effective date of
5Public Act 96-1230), the judge's statement, to be given after
6pronouncing the sentence, shall include the following:
7    "The purpose of this statement is to inform the public of
8the actual period of time this defendant is likely to spend in
9prison as a result of this sentence. The actual period of
10prison time served is determined by the statutes of Illinois
11as applied to this sentence by the Illinois Department of
12Corrections and the Illinois Prisoner Review Board. In this
13case, the defendant is entitled to no more than 4 1/2 days of
14sentence credit for each month of his or her sentence of
15imprisonment. Therefore, this defendant will serve at least
1685% of his or her sentence. Assuming the defendant receives 4
171/2 days credit for each month of his or her sentence, the
18period of estimated actual custody is ... years and ...
19months. If the defendant, because of his or her own misconduct
20or failure to comply with the institutional regulations
21receives lesser credit, the actual time served in prison will
22be longer."
23    When a sentence of imprisonment is imposed for first
24degree murder and the offense was committed on or after June
2519, 1998, the judge's statement, to be given after pronouncing
26the sentence, shall include the following:

 

 

HB4844 Engrossed- 1981 -LRB103 39009 AMC 69146 b

1    "The purpose of this statement is to inform the public of
2the actual period of time this defendant is likely to spend in
3prison as a result of this sentence. The actual period of
4prison time served is determined by the statutes of Illinois
5as applied to this sentence by the Illinois Department of
6Corrections and the Illinois Prisoner Review Board. In this
7case, the defendant is not entitled to sentence credit.
8Therefore, this defendant will serve 100% of his or her
9sentence."
10    When the sentencing order recommends placement in a
11substance abuse program for any offense that results in
12incarceration in a Department of Corrections facility and the
13crime was committed on or after September 1, 2003 (the
14effective date of Public Act 93-354), the judge's statement,
15in addition to any other judge's statement required under this
16Section, to be given after pronouncing the sentence, shall
17include the following:
18    "The purpose of this statement is to inform the public of
19the actual period of time this defendant is likely to spend in
20prison as a result of this sentence. The actual period of
21prison time served is determined by the statutes of Illinois
22as applied to this sentence by the Illinois Department of
23Corrections and the Illinois Prisoner Review Board. In this
24case, the defendant shall receive no earned sentence credit
25under clause (3) of subsection (a) of Section 3-6-3 until he or
26she participates in and completes a substance abuse treatment

 

 

HB4844 Engrossed- 1982 -LRB103 39009 AMC 69146 b

1program or receives a waiver from the Director of Corrections
2pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
3    (c-4) Before the sentencing hearing and as part of the
4presentence investigation under Section 5-3-1, the court shall
5inquire of the defendant whether the defendant is currently
6serving in or is a veteran of the Armed Forces of the United
7States. If the defendant is currently serving in the Armed
8Forces of the United States or is a veteran of the Armed Forces
9of the United States and has been diagnosed as having a mental
10illness by a qualified psychiatrist or clinical psychologist
11or physician, the court may:
12        (1) order that the officer preparing the presentence
13    report consult with the United States Department of
14    Veterans Affairs, Illinois Department of Veterans'
15    Affairs, or another agency or person with suitable
16    knowledge or experience for the purpose of providing the
17    court with information regarding treatment options
18    available to the defendant, including federal, State, and
19    local programming; and
20        (2) consider the treatment recommendations of any
21    diagnosing or treating mental health professionals
22    together with the treatment options available to the
23    defendant in imposing sentence.
24    For the purposes of this subsection (c-4), "qualified
25psychiatrist" means a reputable physician licensed in Illinois
26to practice medicine in all its branches, who has specialized

 

 

HB4844 Engrossed- 1983 -LRB103 39009 AMC 69146 b

1in the diagnosis and treatment of mental and nervous disorders
2for a period of not less than 5 years.
3    (c-6) In imposing a sentence, the trial judge shall
4specify, on the record, the particular evidence and other
5reasons which led to his or her determination that a motor
6vehicle was used in the commission of the offense.
7    (c-7) In imposing a sentence for a Class 3 or 4 felony,
8other than a violent crime as defined in Section 3 of the
9Rights of Crime Victims and Witnesses Act, the court shall
10determine and indicate in the sentencing order whether the
11defendant has 4 or more or fewer than 4 months remaining on his
12or her sentence accounting for time served.
13    (d) When the defendant is committed to the Department of
14Corrections, the State's Attorney shall and counsel for the
15defendant may file a statement with the clerk of the court to
16be transmitted to the department, agency or institution to
17which the defendant is committed to furnish such department,
18agency or institution with the facts and circumstances of the
19offense for which the person was committed together with all
20other factual information accessible to them in regard to the
21person prior to his commitment relative to his habits,
22associates, disposition and reputation and any other facts and
23circumstances which may aid such department, agency or
24institution during its custody of such person. The clerk shall
25within 10 days after receiving any such statements transmit a
26copy to such department, agency or institution and a copy to

 

 

HB4844 Engrossed- 1984 -LRB103 39009 AMC 69146 b

1the other party, provided, however, that this shall not be
2cause for delay in conveying the person to the department,
3agency or institution to which he has been committed.
4    (e) The clerk of the court shall transmit to the
5department, agency or institution, if any, to which the
6defendant is committed, the following:
7        (1) the sentence imposed;
8        (2) any statement by the court of the basis for
9    imposing the sentence;
10        (3) any presentence reports;
11        (3.3) the person's last known complete street address
12    prior to incarceration or legal residence, the person's
13    race, whether the person is of Hispanic or Latino origin,
14    and whether the person is 18 years of age or older;
15        (3.5) any sex offender evaluations;
16        (3.6) any substance abuse treatment eligibility
17    screening and assessment of the defendant by an agent
18    designated by the State of Illinois to provide assessment
19    services for the Illinois courts;
20        (4) the number of days, if any, which the defendant
21    has been in custody and for which he is entitled to credit
22    against the sentence, which information shall be provided
23    to the clerk by the sheriff;
24        (4.1) any finding of great bodily harm made by the
25    court with respect to an offense enumerated in subsection
26    (c-1);

 

 

HB4844 Engrossed- 1985 -LRB103 39009 AMC 69146 b

1        (5) all statements filed under subsection (d) of this
2    Section;
3        (6) any medical or mental health records or summaries
4    of the defendant;
5        (7) the municipality where the arrest of the offender
6    or the commission of the offense has occurred, where such
7    municipality has a population of more than 25,000 persons;
8        (8) all statements made and evidence offered under
9    paragraph (7) of subsection (a) of this Section; and
10        (9) all additional matters which the court directs the
11    clerk to transmit.
12    (f) In cases in which the court finds that a motor vehicle
13was used in the commission of the offense for which the
14defendant is being sentenced, the clerk of the court shall,
15within 5 days thereafter, forward a report of such conviction
16to the Secretary of State.
17(Source: P.A. 102-813, eff. 5-13-22; 103-18, eff. 1-1-24;
18103-51, eff. 1-1-24; revised 12-15-23.)
 
19    (730 ILCS 5/5-4-3)  (from Ch. 38, par. 1005-4-3)
20    Sec. 5-4-3. Specimens; genetic marker groups.
21    (a) Any person convicted of, found guilty under the
22Juvenile Court Act of 1987 for, or who received a disposition
23of court supervision for, a qualifying offense or attempt of a
24qualifying offense, convicted or found guilty of any offense
25classified as a felony under Illinois law, convicted or found

 

 

HB4844 Engrossed- 1986 -LRB103 39009 AMC 69146 b

1guilty of any offense requiring registration under the Sex
2Offender Registration Act, found guilty or given supervision
3for any offense classified as a felony under the Juvenile
4Court Act of 1987, convicted or found guilty of, under the
5Juvenile Court Act of 1987, any offense requiring registration
6under the Sex Offender Registration Act, or institutionalized
7as a sexually dangerous person under the Sexually Dangerous
8Persons Act, or committed as a sexually violent person under
9the Sexually Violent Persons Commitment Act shall, regardless
10of the sentence or disposition imposed, be required to submit
11specimens of blood, saliva, or tissue to the Illinois State
12Police in accordance with the provisions of this Section,
13provided such person is:
14        (1) convicted of a qualifying offense or attempt of a
15    qualifying offense on or after July 1, 1990 and sentenced
16    to a term of imprisonment, periodic imprisonment, fine,
17    probation, conditional discharge or any other form of
18    sentence, or given a disposition of court supervision for
19    the offense;
20        (1.5) found guilty or given supervision under the
21    Juvenile Court Act of 1987 for a qualifying offense or
22    attempt of a qualifying offense on or after January 1,
23    1997;
24        (2) ordered institutionalized as a sexually dangerous
25    person on or after July 1, 1990;
26        (3) convicted of a qualifying offense or attempt of a

 

 

HB4844 Engrossed- 1987 -LRB103 39009 AMC 69146 b

1    qualifying offense before July 1, 1990 and is presently
2    confined as a result of such conviction in any State
3    correctional facility or county jail or is presently
4    serving a sentence of probation, conditional discharge or
5    periodic imprisonment as a result of such conviction;
6        (3.5) convicted or found guilty of any offense
7    classified as a felony under Illinois law or found guilty
8    or given supervision for such an offense under the
9    Juvenile Court Act of 1987 on or after August 22, 2002;
10        (4) presently institutionalized as a sexually
11    dangerous person or presently institutionalized as a
12    person found guilty but mentally ill of a sexual offense
13    or attempt to commit a sexual offense; or
14        (4.5) ordered committed as a sexually violent person
15    on or after January 1, 1998 (the effective date of the
16    Sexually Violent Persons Commitment Act).
17    (a-1) Any person incarcerated in a facility of the
18Illinois Department of Corrections or the Illinois Department
19of Juvenile Justice on or after August 22, 2002, whether for a
20term of years or natural life, who has not yet submitted a
21specimen of blood, saliva, or tissue shall be required to
22submit a specimen of blood, saliva, or tissue prior to his or
23her final discharge, or release on parole, aftercare release,
24or mandatory supervised release, as a condition of his or her
25parole, aftercare release, or mandatory supervised release, or
26within 6 months from August 13, 2009 (the effective date of

 

 

HB4844 Engrossed- 1988 -LRB103 39009 AMC 69146 b

1Public Act 96-426), whichever is sooner. A person incarcerated
2on or after August 13, 2009 (the effective date of Public Act
396-426) shall be required to submit a specimen within 45 days
4of incarceration, or prior to his or her final discharge, or
5release on parole, aftercare release, or mandatory supervised
6release, as a condition of his or her parole, aftercare
7release, or mandatory supervised release, whichever is sooner.
8These specimens shall be placed into the State or national DNA
9database, to be used in accordance with other provisions of
10this Section, by the Illinois State Police.
11    (a-2) Any person sentenced to life imprisonment in a
12facility of the Illinois Department of Corrections after June
1313, 2005 (the effective date of Public Act 94-16) this
14amendatory Act of the 94th General Assembly shall be required
15to provide a specimen of blood, saliva, or tissue within 45
16days after sentencing or disposition at a collection site
17designated by the Illinois State Police. Any person serving a
18sentence of life imprisonment in a facility of the Illinois
19Department of Corrections on June 13, 2005 (the effective date
20of Public Act 94-16) this amendatory Act of the 94th General
21Assembly or any person who is under a sentence of death on June
2213, 2005 (the effective date of Public Act 94-16) this
23amendatory Act of the 94th General Assembly shall be required
24to provide a specimen of blood, saliva, or tissue upon request
25at a collection site designated by the Illinois State Police.
26    (a-3) Any person seeking transfer to or residency in

 

 

HB4844 Engrossed- 1989 -LRB103 39009 AMC 69146 b

1Illinois under Sections 3-3-11.05 through 3-3-11.5 of this
2Code, the Interstate Compact for Adult Offender Supervision,
3or the Interstate Agreements on Sexually Dangerous Persons Act
4shall be required to provide a specimen of blood, saliva, or
5tissue within 45 days after transfer to or residency in
6Illinois at a collection site designated by the Illinois State
7Police.
8    (a-3.1) Any person required by an order of the court to
9submit a DNA specimen shall be required to provide a specimen
10of blood, saliva, or tissue within 45 days after the court
11order at a collection site designated by the Illinois State
12Police.
13    (a-3.2) On or after January 1, 2012 (the effective date of
14Public Act 97-383), any person arrested for any of the
15following offenses, after an indictment has been returned by a
16grand jury, or following a hearing pursuant to Section 109-3
17of the Code of Criminal Procedure of 1963 and a judge finds
18there is probable cause to believe the arrestee has committed
19one of the designated offenses, or an arrestee has waived a
20preliminary hearing shall be required to provide a specimen of
21blood, saliva, or tissue within 14 days after such indictment
22or hearing at a collection site designated by the Illinois
23State Police:
24        (A) first degree murder;
25        (B) home invasion;
26        (C) predatory criminal sexual assault of a child;

 

 

HB4844 Engrossed- 1990 -LRB103 39009 AMC 69146 b

1        (D) aggravated criminal sexual assault; or
2        (E) criminal sexual assault.
3    (a-3.3) Any person required to register as a sex offender
4under the Sex Offender Registration Act, regardless of the
5date of conviction as set forth in subsection (c-5.2) shall be
6required to provide a specimen of blood, saliva, or tissue
7within the time period prescribed in subsection (c-5.2) at a
8collection site designated by the Illinois State Police.
9    (a-5) Any person who was otherwise convicted of or
10received a disposition of court supervision for any other
11offense under the Criminal Code of 1961 or the Criminal Code of
122012 or who was found guilty or given supervision for such a
13violation under the Juvenile Court Act of 1987, may,
14regardless of the sentence imposed, be required by an order of
15the court to submit specimens of blood, saliva, or tissue to
16the Illinois State Police in accordance with the provisions of
17this Section.
18    (b) Any person required by paragraphs (a)(1), (a)(1.5),
19(a)(2), (a)(3.5), and (a-5) to provide specimens of blood,
20saliva, or tissue shall provide specimens of blood, saliva, or
21tissue within 45 days after sentencing or disposition at a
22collection site designated by the Illinois State Police.
23    (c) Any person required by paragraphs (a)(3), (a)(4), and
24(a)(4.5) to provide specimens of blood, saliva, or tissue
25shall be required to provide such specimens prior to final
26discharge or within 6 months from August 13, 2009 (the

 

 

HB4844 Engrossed- 1991 -LRB103 39009 AMC 69146 b

1effective date of Public Act 96-426), whichever is sooner.
2These specimens shall be placed into the State or national DNA
3database, to be used in accordance with other provisions of
4this Act, by the Illinois State Police.
5    (c-5) Any person required by paragraph (a-3) to provide
6specimens of blood, saliva, or tissue shall, where feasible,
7be required to provide the specimens before being accepted for
8conditioned residency in Illinois under the interstate compact
9or agreement, but no later than 45 days after arrival in this
10State.
11    (c-5.2) Unless it is determined that a registered sex
12offender has previously submitted a specimen of blood, saliva,
13or tissue that has been placed into the State DNA database, a
14person registering as a sex offender shall be required to
15submit a specimen at the time of his or her initial
16registration pursuant to the Sex Offender Registration Act or,
17for a person registered as a sex offender on or prior to
18January 1, 2012 (the effective date of Public Act 97-383),
19within one year of January 1, 2012 (the effective date of
20Public Act 97-383) or at the time of his or her next required
21registration.
22    (c-6) The Illinois State Police may determine which type
23of specimen or specimens, blood, saliva, or tissue, is
24acceptable for submission to the Division of Forensic Services
25for analysis. The Illinois State Police may require the
26submission of fingerprints from anyone required to give a

 

 

HB4844 Engrossed- 1992 -LRB103 39009 AMC 69146 b

1specimen under this Act.
2    (d) The Illinois State Police shall provide all equipment
3and instructions necessary for the collection of blood
4specimens. The collection of specimens shall be performed in a
5medically approved manner. Only a physician authorized to
6practice medicine, a registered nurse or other qualified
7person trained in venipuncture may withdraw blood for the
8purposes of this Act. The specimens shall thereafter be
9forwarded to the Illinois State Police, Division of Forensic
10Services, for analysis and categorizing into genetic marker
11groupings.
12    (d-1) The Illinois State Police shall provide all
13equipment and instructions necessary for the collection of
14saliva specimens. The collection of saliva specimens shall be
15performed in a medically approved manner. Only a person
16trained in the instructions promulgated by the Illinois State
17Police on collecting saliva may collect saliva for the
18purposes of this Section. The specimens shall thereafter be
19forwarded to the Illinois State Police, Division of Forensic
20Services, for analysis and categorizing into genetic marker
21groupings.
22    (d-2) The Illinois State Police shall provide all
23equipment and instructions necessary for the collection of
24tissue specimens. The collection of tissue specimens shall be
25performed in a medically approved manner. Only a person
26trained in the instructions promulgated by the Illinois State

 

 

HB4844 Engrossed- 1993 -LRB103 39009 AMC 69146 b

1Police on collecting tissue may collect tissue for the
2purposes of this Section. The specimens shall thereafter be
3forwarded to the Illinois State Police, Division of Forensic
4Services, for analysis and categorizing into genetic marker
5groupings.
6    (d-5) To the extent that funds are available, the Illinois
7State Police shall contract with qualified personnel and
8certified laboratories for the collection, analysis, and
9categorization of known specimens, except as provided in
10subsection (n) of this Section.
11    (d-6) Agencies designated by the Illinois State Police and
12the Illinois State Police may contract with third parties to
13provide for the collection or analysis of DNA, or both, of an
14offender's blood, saliva, and tissue specimens, except as
15provided in subsection (n) of this Section.
16    (e) The genetic marker groupings shall be maintained by
17the Illinois State Police, Division of Forensic Services.
18    (f) The genetic marker grouping analysis information
19obtained pursuant to this Act shall be confidential and shall
20be released only to peace officers of the United States, of
21other states or territories, of the insular possessions of the
22United States, of foreign countries duly authorized to receive
23the same, to all peace officers of the State of Illinois and to
24all prosecutorial agencies, and to defense counsel as provided
25by Section 116-5 of the Code of Criminal Procedure of 1963. The
26genetic marker grouping analysis information obtained pursuant

 

 

HB4844 Engrossed- 1994 -LRB103 39009 AMC 69146 b

1to this Act shall be used only for (i) valid law enforcement
2identification purposes and as required by the Federal Bureau
3of Investigation for participation in the National DNA
4database, (ii) technology validation purposes, (iii) a
5population statistics database, (iv) quality assurance
6purposes if personally identifying information is removed, (v)
7assisting in the defense of the criminally accused pursuant to
8Section 116-5 of the Code of Criminal Procedure of 1963, or
9(vi) identifying and assisting in the prosecution of a person
10who is suspected of committing a sexual assault as defined in
11Section 1a of the Sexual Assault Survivors Emergency Treatment
12Act. Notwithstanding any other statutory provision to the
13contrary, all information obtained under this Section shall be
14maintained in a single State data base, which may be uploaded
15into a national database, and which information may be subject
16to expungement only as set forth in subsection (f-1).
17    (f-1) Upon receipt of notification of a reversal of a
18conviction based on actual innocence, or of the granting of a
19pardon pursuant to Section 12 of Article V of the Illinois
20Constitution, if that pardon document specifically states that
21the reason for the pardon is the actual innocence of an
22individual whose DNA record has been stored in the State or
23national DNA identification index in accordance with this
24Section by the Illinois State Police, the DNA record shall be
25expunged from the DNA identification index, and the Department
26shall by rule prescribe procedures to ensure that the record

 

 

HB4844 Engrossed- 1995 -LRB103 39009 AMC 69146 b

1and any specimens, analyses, or other documents relating to
2such record, whether in the possession of the Department or
3any law enforcement or police agency, or any forensic DNA
4laboratory, including any duplicates or copies thereof, are
5destroyed and a letter is sent to the court verifying the
6expungement is completed. For specimens required to be
7collected prior to conviction, unless the individual has other
8charges or convictions that require submission of a specimen,
9the DNA record for an individual shall be expunged from the DNA
10identification databases and the specimen destroyed upon
11receipt of a certified copy of a final court order for each
12charge against an individual in which the charge has been
13dismissed, resulted in acquittal, or that the charge was not
14filed within the applicable time period. The Department shall
15by rule prescribe procedures to ensure that the record and any
16specimens in the possession or control of the Department are
17destroyed and a letter is sent to the court verifying the
18expungement is completed.
19    (f-5) Any person who intentionally uses genetic marker
20grouping analysis information, or any other information
21derived from a DNA specimen, beyond the authorized uses as
22provided under this Section, or any other Illinois law, is
23guilty of a Class 4 felony, and shall be subject to a fine of
24not less than $5,000.
25    (f-6) The Illinois State Police may contract with third
26parties for the purposes of implementing Public Act 93-216

 

 

HB4844 Engrossed- 1996 -LRB103 39009 AMC 69146 b

1this amendatory Act of the 93rd General Assembly, except as
2provided in subsection (n) of this Section. Any other party
3contracting to carry out the functions of this Section shall
4be subject to the same restrictions and requirements of this
5Section insofar as applicable, as the Illinois State Police,
6and to any additional restrictions imposed by the Illinois
7State Police.
8    (g) For the purposes of this Section, "qualifying offense"
9means any of the following:
10        (1) any violation or inchoate violation of Section
11    11-1.50, 11-1.60, 11-6, 11-9.1, 11-11, 11-18.1, 12-15, or
12    12-16 of the Criminal Code of 1961 or the Criminal Code of
13    2012;
14        (1.1) any violation or inchoate violation of Section
15    9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3,
16    18-4, 18-6, 19-1, 19-2, or 19-6 of the Criminal Code of
17    1961 or the Criminal Code of 2012 for which persons are
18    convicted on or after July 1, 2001;
19        (2) any former statute of this State which defined a
20    felony sexual offense;
21        (3) (blank);
22        (4) any inchoate violation of Section 9-3.1, 9-3.4,
23    11-9.3, 12-7.3, or 12-7.4 of the Criminal Code of 1961 or
24    the Criminal Code of 2012; or
25        (5) any violation or inchoate violation of Article 29D
26    of the Criminal Code of 1961 or the Criminal Code of 2012.

 

 

HB4844 Engrossed- 1997 -LRB103 39009 AMC 69146 b

1    (g-5) (Blank).
2    (h) The Illinois State Police shall be the State central
3repository for all genetic marker grouping analysis
4information obtained pursuant to this Act. The Illinois State
5Police may promulgate rules for the form and manner of the
6collection of blood, saliva, or tissue specimens and other
7procedures for the operation of this Act. The provisions of
8the Administrative Review Law shall apply to all actions taken
9under the rules so promulgated.
10    (i)(1) A person required to provide a blood, saliva, or
11tissue specimen shall cooperate with the collection of the
12specimen and any deliberate act by that person intended to
13impede, delay or stop the collection of the blood, saliva, or
14tissue specimen is a Class 4 felony.
15    (2) In the event that a person's DNA specimen is not
16adequate for any reason, the person shall provide another DNA
17specimen for analysis. Duly authorized law enforcement and
18corrections personnel may employ reasonable force in cases in
19which an individual refuses to provide a DNA specimen required
20under this Act.
21    (j) (Blank).
22    (k) All analysis and categorization assessments provided
23under the Criminal and Traffic Assessment Assessments Act to
24the State Crime Laboratory Fund shall be regulated as follows:
25        (1) (Blank).
26        (2) (Blank).

 

 

HB4844 Engrossed- 1998 -LRB103 39009 AMC 69146 b

1        (3) Moneys deposited into the State Crime Laboratory
2    Fund shall be used by Illinois State Police crime
3    laboratories as designated by the Director of the Illinois
4    State Police. These funds shall be in addition to any
5    allocations made pursuant to existing laws and shall be
6    designated for the exclusive use of State crime
7    laboratories. These uses may include, but are not limited
8    to, the following:
9            (A) Costs incurred in providing analysis and
10        genetic marker categorization as required by
11        subsection (d).
12            (B) Costs incurred in maintaining genetic marker
13        groupings as required by subsection (e).
14            (C) Costs incurred in the purchase and maintenance
15        of equipment for use in performing analyses.
16            (D) Costs incurred in continuing research and
17        development of new techniques for analysis and genetic
18        marker categorization.
19            (E) Costs incurred in continuing education,
20        training, and professional development of forensic
21        scientists regularly employed by these laboratories.
22    (l) The failure of a person to provide a specimen, or of
23any person or agency to collect a specimen, shall in no way
24alter the obligation of the person to submit such specimen, or
25the authority of the Illinois State Police or persons
26designated by the Illinois State Police to collect the

 

 

HB4844 Engrossed- 1999 -LRB103 39009 AMC 69146 b

1specimen, or the authority of the Illinois State Police to
2accept, analyze and maintain the specimen or to maintain or
3upload results of genetic marker grouping analysis information
4into a State or national database.
5    (m) If any provision of Public Act 93-216 this amendatory
6Act of the 93rd General Assembly is held unconstitutional or
7otherwise invalid, the remainder of Public Act 93-216 this
8amendatory Act of the 93rd General Assembly is not affected.
9    (n) Neither the Illinois State Police, the Division of
10Forensic Services, nor any laboratory of the Division of
11Forensic Services may contract out forensic testing for the
12purpose of an active investigation or a matter pending before
13a court of competent jurisdiction without the written consent
14of the prosecuting agency. For the purposes of this subsection
15(n), "forensic testing" includes the analysis of physical
16evidence in an investigation or other proceeding for the
17prosecution of a violation of the Criminal Code of 1961 or the
18Criminal Code of 2012 or for matters adjudicated under the
19Juvenile Court Act of 1987, and includes the use of forensic
20databases and databanks, including DNA, firearm, and
21fingerprint databases, and expert testimony.
22    (o) Mistake does not invalidate a database match. The
23detention, arrest, or conviction of a person based upon a
24database match or database information is not invalidated if
25it is determined that the specimen was obtained or placed in
26the database by mistake.

 

 

HB4844 Engrossed- 2000 -LRB103 39009 AMC 69146 b

1    (p) This Section may be referred to as the Illinois DNA
2Database Law of 2011.
3(Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21;
4103-51, eff. 1-1-24; revised 1-2-24.)
 
5    (730 ILCS 5/5-4.5-105)
6    Sec. 5-4.5-105. SENTENCING OF INDIVIDUALS UNDER THE AGE OF
718 AT THE TIME OF THE COMMISSION OF AN OFFENSE.
8    (a) On or after January 1, 2016 (the effective date of
9Public Act 99-69) this amendatory Act of the 99th General
10Assembly, when a person commits an offense and the person is
11under 18 years of age at the time of the commission of the
12offense, the court, at the sentencing hearing conducted under
13Section 5-4-1, shall consider the following additional factors
14in mitigation in determining the appropriate sentence:
15        (1) the person's age, impetuosity, and level of
16    maturity at the time of the offense, including the ability
17    to consider risks and consequences of behavior, and the
18    presence of cognitive or developmental disability, or
19    both, if any;
20        (2) whether the person was subjected to outside
21    pressure, including peer pressure, familial pressure, or
22    negative influences;
23        (3) the person's family, home environment, educational
24    and social background, including any history of parental
25    neglect, domestic or sexual violence, sexual exploitation,

 

 

HB4844 Engrossed- 2001 -LRB103 39009 AMC 69146 b

1    physical abuse, or other childhood trauma including
2    adverse childhood experiences (or ACEs);
3        (4) the person's potential for rehabilitation or
4    evidence of rehabilitation, or both;
5        (5) the circumstances of the offense;
6        (6) the person's degree of participation and specific
7    role in the offense, including the level of planning by
8    the defendant before the offense;
9        (7) whether the person was able to meaningfully
10    participate in his or her defense;
11        (8) the person's prior juvenile or criminal history;
12        (9) the person's involvement in the child welfare
13    system;
14        (10) involvement of the person in the community;
15        (11) if a comprehensive mental health evaluation of
16    the person was conducted by a qualified mental health
17    professional, the outcome of the evaluation; and
18        (12) 12 any other information the court finds relevant
19    and reliable, including an expression of remorse, if
20    appropriate. However, if the person, on advice of counsel
21    chooses not to make a statement, the court shall not
22    consider a lack of an expression of remorse as an
23    aggravating factor.
24    (b) The trial judge shall specify on the record its
25consideration of the factors under subsection (a) of this
26Section.

 

 

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1    (c) Notwithstanding any other provision of law, if the
2court determines by clear and convincing evidence that the
3individual against whom the person is convicted of committing
4the offense previously committed a crime under Section 10-9,
5Section 11-1.20, Section 11-1.30, Section 11-1.40, Section
611-1.50, Section 11-1.60, Section 11-6, Section 11-6.5,
7Section 11-6.6, Section 11-9.1, Section 11-14.3, Section
811-14.4 or Section 11-18.1 of the under Criminal Code of 2012
9against the person within 3 years before the offense in which
10the person was convicted, the court may, in its discretion:
11        (1) transfer the person to juvenile court for
12    sentencing under Section 5-710 of the Juvenile Court Act
13    of 1987;
14        (2) depart from any mandatory minimum sentence,
15    maximum sentence, or sentencing enhancement; or
16        (3) suspend any portion of an otherwise applicable
17    sentence.
18    (d) Subsection (c) shall be construed as prioritizing the
19successful treatment and rehabilitation of persons under 18
20years of age who are sex crime victims who commit acts of
21violence against their abusers. It is the General Assembly's
22intent that these persons be viewed as victims and provided
23treatment and services in the community and in the , juvenile
24or family court system.
25    (e) Except as provided in subsections (f) and (g) (d), the
26court may sentence the defendant to any disposition authorized

 

 

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1for the class of the offense of which he or she was found
2guilty as described in Article 4.5 of this Code, and may, in
3its discretion, decline to impose any otherwise applicable
4sentencing enhancement based upon firearm possession,
5possession with personal discharge, or possession with
6personal discharge that proximately causes great bodily harm,
7permanent disability, permanent disfigurement, or death to
8another person.
9    (f) Notwithstanding any other provision of law, if the
10defendant is convicted of first degree murder and would
11otherwise be subject to sentencing under clause (iii), (iv),
12(v), or (vii) of subparagraph (c) of paragraph (1) of
13subsection (a) of Section 5-8-1 of this Code based on the
14category of persons identified therein, the court shall impose
15a sentence of not less than 40 years of imprisonment, except
16for persons convicted of first degree murder where subsection
17(c) applies. In addition, the court may, in its discretion,
18decline to impose the sentencing enhancements based upon the
19possession or use of a firearm during the commission of the
20offense included in subsection (d) of Section 5-8-1.
21    (g) (d) Fines and assessments, such as fees or
22administrative costs, shall not be ordered or imposed against
23a minor subject to this Code or against the minor's parent,
24guardian, or legal custodian. For the purposes of this
25subsection (g) this amendatory Act of the 103rd General
26Assembly, "minor" has the meaning provided in Section 1-3 of

 

 

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1the Juvenile Court Act of 1987 and includes any minor under the
2age of 18 transferred to adult court or excluded from juvenile
3court jurisdiction under Article V of the Juvenile Court Act
4of 1987.
5(Source: P.A. 103-191, eff. 1-1-24; 103-379, eff. 7-28-23;
6revised 9-14-23.)
 
7    (730 ILCS 5/5-6-3)  (from Ch. 38, par. 1005-6-3)
8    Sec. 5-6-3. Conditions of probation and of conditional
9discharge.
10    (a) The conditions of probation and of conditional
11discharge shall be that the person:
12        (1) not violate any criminal statute of any
13    jurisdiction;
14        (2) report to or appear in person before such person
15    or agency as directed by the court. To comply with the
16    provisions of this paragraph (2), in lieu of requiring the
17    person on probation or conditional discharge to appear in
18    person for the required reporting or meetings, the officer
19    may utilize technology, including cellular and other
20    electronic communication devices or platforms, that allow
21    for communication between the supervised person and the
22    officer in accordance with standards and guidelines
23    established by the Administrative Office of the Illinois
24    Courts;
25        (3) refrain from possessing a firearm or other

 

 

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1    dangerous weapon where the offense is a felony or, if a
2    misdemeanor, the offense involved the intentional or
3    knowing infliction of bodily harm or threat of bodily
4    harm;
5        (4) not leave the State without the consent of the
6    court or, in circumstances in which the reason for the
7    absence is of such an emergency nature that prior consent
8    by the court is not possible, without the prior
9    notification and approval of the person's probation
10    officer. Transfer of a person's probation or conditional
11    discharge supervision to another state is subject to
12    acceptance by the other state pursuant to the Interstate
13    Compact for Adult Offender Supervision;
14        (5) permit the probation officer to visit him at his
15    home or elsewhere to the extent necessary to discharge his
16    duties;
17        (6) perform no less than 30 hours of community service
18    and not more than 120 hours of community service, if
19    community service is available in the jurisdiction and is
20    funded and approved by the county board where the offense
21    was committed, where the offense was related to or in
22    furtherance of the criminal activities of an organized
23    gang and was motivated by the offender's membership in or
24    allegiance to an organized gang. The community service
25    shall include, but not be limited to, the cleanup and
26    repair of any damage caused by a violation of Section

 

 

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1    21-1.3 of the Criminal Code of 1961 or the Criminal Code of
2    2012 and similar damage to property located within the
3    municipality or county in which the violation occurred.
4    When possible and reasonable, the community service should
5    be performed in the offender's neighborhood. For purposes
6    of this Section, "organized gang" has the meaning ascribed
7    to it in Section 10 of the Illinois Streetgang Terrorism
8    Omnibus Prevention Act. The court may give credit toward
9    the fulfillment of community service hours for
10    participation in activities and treatment as determined by
11    court services. Community service shall not interfere with
12    the school hours, school-related activities, or work
13    commitments of the minor or the minor's parent, guardian,
14    or legal custodian;
15        (7) if he or she is at least 17 years of age and has
16    been sentenced to probation or conditional discharge for a
17    misdemeanor or felony in a county of 3,000,000 or more
18    inhabitants and has not been previously convicted of a
19    misdemeanor or felony, may be required by the sentencing
20    court to attend educational courses designed to prepare
21    the defendant for a high school diploma and to work toward
22    a high school diploma or to work toward passing high
23    school equivalency testing or to work toward completing a
24    vocational training program approved by the court. The
25    person on probation or conditional discharge must attend a
26    public institution of education to obtain the educational

 

 

HB4844 Engrossed- 2007 -LRB103 39009 AMC 69146 b

1    or vocational training required by this paragraph (7). The
2    court shall revoke the probation or conditional discharge
3    of a person who willfully fails to comply with this
4    paragraph (7). The person on probation or conditional
5    discharge shall be required to pay for the cost of the
6    educational courses or high school equivalency testing if
7    a fee is charged for those courses or testing. The court
8    shall resentence the offender whose probation or
9    conditional discharge has been revoked as provided in
10    Section 5-6-4. This paragraph (7) does not apply to a
11    person who has a high school diploma or has successfully
12    passed high school equivalency testing. This paragraph (7)
13    does not apply to a person who is determined by the court
14    to be a person with a developmental disability or
15    otherwise mentally incapable of completing the educational
16    or vocational program;
17        (8) if convicted of possession of a substance
18    prohibited by the Cannabis Control Act, the Illinois
19    Controlled Substances Act, or the Methamphetamine Control
20    and Community Protection Act after a previous conviction
21    or disposition of supervision for possession of a
22    substance prohibited by the Cannabis Control Act or
23    Illinois Controlled Substances Act or after a sentence of
24    probation under Section 10 of the Cannabis Control Act,
25    Section 410 of the Illinois Controlled Substances Act, or
26    Section 70 of the Methamphetamine Control and Community

 

 

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1    Protection Act and upon a finding by the court that the
2    person is addicted, undergo treatment at a substance abuse
3    program approved by the court;
4        (8.5) if convicted of a felony sex offense as defined
5    in the Sex Offender Management Board Act, the person shall
6    undergo and successfully complete sex offender treatment
7    by a treatment provider approved by the Board and
8    conducted in conformance with the standards developed
9    under the Sex Offender Management Board Act;
10        (8.6) if convicted of a sex offense as defined in the
11    Sex Offender Management Board Act, refrain from residing
12    at the same address or in the same condominium unit or
13    apartment unit or in the same condominium complex or
14    apartment complex with another person he or she knows or
15    reasonably should know is a convicted sex offender or has
16    been placed on supervision for a sex offense; the
17    provisions of this paragraph do not apply to a person
18    convicted of a sex offense who is placed in a Department of
19    Corrections licensed transitional housing facility for sex
20    offenders;
21        (8.7) if convicted for an offense committed on or
22    after June 1, 2008 (the effective date of Public Act
23    95-464) that would qualify the accused as a child sex
24    offender as defined in Section 11-9.3 or 11-9.4 of the
25    Criminal Code of 1961 or the Criminal Code of 2012,
26    refrain from communicating with or contacting, by means of

 

 

HB4844 Engrossed- 2009 -LRB103 39009 AMC 69146 b

1    the Internet, a person who is not related to the accused
2    and whom the accused reasonably believes to be under 18
3    years of age; for purposes of this paragraph (8.7),
4    "Internet" has the meaning ascribed to it in Section
5    16-0.1 of the Criminal Code of 2012; and a person is not
6    related to the accused if the person is not: (i) the
7    spouse, brother, or sister of the accused; (ii) a
8    descendant of the accused; (iii) a first or second cousin
9    of the accused; or (iv) a step-child or adopted child of
10    the accused;
11        (8.8) if convicted for an offense under Section 11-6,
12    11-9.1, 11-14.4 that involves soliciting for a juvenile
13    prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
14    of the Criminal Code of 1961 or the Criminal Code of 2012,
15    or any attempt to commit any of these offenses, committed
16    on or after June 1, 2009 (the effective date of Public Act
17    95-983):
18            (i) not access or use a computer or any other
19        device with Internet capability without the prior
20        written approval of the offender's probation officer,
21        except in connection with the offender's employment or
22        search for employment with the prior approval of the
23        offender's probation officer;
24            (ii) submit to periodic unannounced examinations
25        of the offender's computer or any other device with
26        Internet capability by the offender's probation

 

 

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1        officer, a law enforcement officer, or assigned
2        computer or information technology specialist,
3        including the retrieval and copying of all data from
4        the computer or device and any internal or external
5        peripherals and removal of such information,
6        equipment, or device to conduct a more thorough
7        inspection;
8            (iii) submit to the installation on the offender's
9        computer or device with Internet capability, at the
10        offender's expense, of one or more hardware or
11        software systems to monitor the Internet use; and
12            (iv) submit to any other appropriate restrictions
13        concerning the offender's use of or access to a
14        computer or any other device with Internet capability
15        imposed by the offender's probation officer;
16        (8.9) if convicted of a sex offense as defined in the
17    Sex Offender Registration Act committed on or after
18    January 1, 2010 (the effective date of Public Act 96-262),
19    refrain from accessing or using a social networking
20    website as defined in Section 17-0.5 of the Criminal Code
21    of 2012;
22        (9) if convicted of a felony or of any misdemeanor
23    violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
24    12-3.5 of the Criminal Code of 1961 or the Criminal Code of
25    2012 that was determined, pursuant to Section 112A-11.1 of
26    the Code of Criminal Procedure of 1963, to trigger the

 

 

HB4844 Engrossed- 2011 -LRB103 39009 AMC 69146 b

1    prohibitions of 18 U.S.C. 922(g)(9), physically surrender
2    at a time and place designated by the court, his or her
3    Firearm Owner's Identification Card and any and all
4    firearms in his or her possession. The Court shall return
5    to the Illinois State Police Firearm Owner's
6    Identification Card Office the person's Firearm Owner's
7    Identification Card;
8        (10) if convicted of a sex offense as defined in
9    subsection (a-5) of Section 3-1-2 of this Code, unless the
10    offender is a parent or guardian of the person under 18
11    years of age present in the home and no non-familial
12    minors are present, not participate in a holiday event
13    involving children under 18 years of age, such as
14    distributing candy or other items to children on
15    Halloween, wearing a Santa Claus costume on or preceding
16    Christmas, being employed as a department store Santa
17    Claus, or wearing an Easter Bunny costume on or preceding
18    Easter;
19        (11) if convicted of a sex offense as defined in
20    Section 2 of the Sex Offender Registration Act committed
21    on or after January 1, 2010 (the effective date of Public
22    Act 96-362) that requires the person to register as a sex
23    offender under that Act, may not knowingly use any
24    computer scrub software on any computer that the sex
25    offender uses;
26        (12) if convicted of a violation of the

 

 

HB4844 Engrossed- 2012 -LRB103 39009 AMC 69146 b

1    Methamphetamine Control and Community Protection Act, the
2    Methamphetamine Precursor Control Act, or a
3    methamphetamine related offense:
4            (A) prohibited from purchasing, possessing, or
5        having under his or her control any product containing
6        pseudoephedrine unless prescribed by a physician; and
7            (B) prohibited from purchasing, possessing, or
8        having under his or her control any product containing
9        ammonium nitrate; and
10        (13) if convicted of a hate crime involving the
11    protected class identified in subsection (a) of Section
12    12-7.1 of the Criminal Code of 2012 that gave rise to the
13    offense the offender committed, perform public or
14    community service of no less than 200 hours and enroll in
15    an educational program discouraging hate crimes that
16    includes racial, ethnic, and cultural sensitivity training
17    ordered by the court.
18    (b) The Court may in addition to other reasonable
19conditions relating to the nature of the offense or the
20rehabilitation of the defendant as determined for each
21defendant in the proper discretion of the Court require that
22the person:
23        (1) serve a term of periodic imprisonment under
24    Article 7 for a period not to exceed that specified in
25    paragraph (d) of Section 5-7-1;
26        (2) pay a fine and costs;

 

 

HB4844 Engrossed- 2013 -LRB103 39009 AMC 69146 b

1        (3) work or pursue a course of study or vocational
2    training;
3        (4) undergo medical, psychological or psychiatric
4    treatment; or treatment for drug addiction or alcoholism;
5        (5) attend or reside in a facility established for the
6    instruction or residence of defendants on probation;
7        (6) support his dependents;
8        (7) and in addition, if a minor:
9            (i) reside with his parents or in a foster home;
10            (ii) attend school;
11            (iii) attend a non-residential program for youth;
12            (iv) provide nonfinancial contributions to his own
13        support at home or in a foster home;
14            (v) with the consent of the superintendent of the
15        facility, attend an educational program at a facility
16        other than the school in which the offense was
17        committed if he or she is convicted of a crime of
18        violence as defined in Section 2 of the Crime Victims
19        Compensation Act committed in a school, on the real
20        property comprising a school, or within 1,000 feet of
21        the real property comprising a school;
22        (8) make restitution as provided in Section 5-5-6 of
23    this Code;
24        (9) perform some reasonable public or community
25    service;
26        (10) serve a term of home confinement. In addition to

 

 

HB4844 Engrossed- 2014 -LRB103 39009 AMC 69146 b

1    any other applicable condition of probation or conditional
2    discharge, the conditions of home confinement shall be
3    that the offender:
4            (i) remain within the interior premises of the
5        place designated for his confinement during the hours
6        designated by the court;
7            (ii) admit any person or agent designated by the
8        court into the offender's place of confinement at any
9        time for purposes of verifying the offender's
10        compliance with the conditions of his confinement; and
11            (iii) if further deemed necessary by the court or
12        the probation or court services department Probation
13        or Court Services Department, be placed on an approved
14        electronic monitoring device, subject to Article 8A of
15        Chapter V;
16            (iv) for persons convicted of any alcohol,
17        cannabis or controlled substance violation who are
18        placed on an approved monitoring device as a condition
19        of probation or conditional discharge, the court shall
20        impose a reasonable fee for each day of the use of the
21        device, as established by the county board in
22        subsection (g) of this Section, unless after
23        determining the inability of the offender to pay the
24        fee, the court assesses a lesser fee or no fee as the
25        case may be. This fee shall be imposed in addition to
26        the fees imposed under subsections (g) and (i) of this

 

 

HB4844 Engrossed- 2015 -LRB103 39009 AMC 69146 b

1        Section. The fee shall be collected by the clerk of the
2        circuit court, except as provided in an administrative
3        order of the Chief Judge of the circuit court. The
4        clerk of the circuit court shall pay all monies
5        collected from this fee to the county treasurer for
6        deposit in the substance abuse services fund under
7        Section 5-1086.1 of the Counties Code, except as
8        provided in an administrative order of the Chief Judge
9        of the circuit court.
10            The Chief Judge of the circuit court of the county
11        may by administrative order establish a program for
12        electronic monitoring of offenders, in which a vendor
13        supplies and monitors the operation of the electronic
14        monitoring device, and collects the fees on behalf of
15        the county. The program shall include provisions for
16        indigent offenders and the collection of unpaid fees.
17        The program shall not unduly burden the offender and
18        shall be subject to review by the Chief Judge.
19            The Chief Judge of the circuit court may suspend
20        any additional charges or fees for late payment,
21        interest, or damage to any device; and
22            (v) for persons convicted of offenses other than
23        those referenced in clause (iv) above and who are
24        placed on an approved monitoring device as a condition
25        of probation or conditional discharge, the court shall
26        impose a reasonable fee for each day of the use of the

 

 

HB4844 Engrossed- 2016 -LRB103 39009 AMC 69146 b

1        device, as established by the county board in
2        subsection (g) of this Section, unless after
3        determining the inability of the defendant to pay the
4        fee, the court assesses a lesser fee or no fee as the
5        case may be. This fee shall be imposed in addition to
6        the fees imposed under subsections (g) and (i) of this
7        Section. The fee shall be collected by the clerk of the
8        circuit court, except as provided in an administrative
9        order of the Chief Judge of the circuit court. The
10        clerk of the circuit court shall pay all monies
11        collected from this fee to the county treasurer who
12        shall use the monies collected to defray the costs of
13        corrections. The county treasurer shall deposit the
14        fee collected in the probation and court services
15        fund. The Chief Judge of the circuit court of the
16        county may by administrative order establish a program
17        for electronic monitoring of offenders, in which a
18        vendor supplies and monitors the operation of the
19        electronic monitoring device, and collects the fees on
20        behalf of the county. The program shall include
21        provisions for indigent offenders and the collection
22        of unpaid fees. The program shall not unduly burden
23        the offender and shall be subject to review by the
24        Chief Judge.
25            The Chief Judge of the circuit court may suspend
26        any additional charges or fees for late payment,

 

 

HB4844 Engrossed- 2017 -LRB103 39009 AMC 69146 b

1        interest, or damage to any device.
2        (11) comply with the terms and conditions of an order
3    of protection issued by the court pursuant to the Illinois
4    Domestic Violence Act of 1986, as now or hereafter
5    amended, or an order of protection issued by the court of
6    another state, tribe, or United States territory. A copy
7    of the order of protection shall be transmitted to the
8    probation officer or agency having responsibility for the
9    case;
10        (12) reimburse any "local anti-crime program" as
11    defined in Section 7 of the Anti-Crime Advisory Council
12    Act for any reasonable expenses incurred by the program on
13    the offender's case, not to exceed the maximum amount of
14    the fine authorized for the offense for which the
15    defendant was sentenced;
16        (13) contribute a reasonable sum of money, not to
17    exceed the maximum amount of the fine authorized for the
18    offense for which the defendant was sentenced, (i) to a
19    "local anti-crime program", as defined in Section 7 of the
20    Anti-Crime Advisory Council Act, or (ii) for offenses
21    under the jurisdiction of the Department of Natural
22    Resources, to the fund established by the Department of
23    Natural Resources for the purchase of evidence for
24    investigation purposes and to conduct investigations as
25    outlined in Section 805-105 of the Department of Natural
26    Resources (Conservation) Law;

 

 

HB4844 Engrossed- 2018 -LRB103 39009 AMC 69146 b

1        (14) refrain from entering into a designated
2    geographic area except upon such terms as the court finds
3    appropriate. Such terms may include consideration of the
4    purpose of the entry, the time of day, other persons
5    accompanying the defendant, and advance approval by a
6    probation officer, if the defendant has been placed on
7    probation or advance approval by the court, if the
8    defendant was placed on conditional discharge;
9        (15) refrain from having any contact, directly or
10    indirectly, with certain specified persons or particular
11    types of persons, including, but not limited to, members
12    of street gangs and drug users or dealers;
13        (16) refrain from having in his or her body the
14    presence of any illicit drug prohibited by the Illinois
15    Controlled Substances Act or the Methamphetamine Control
16    and Community Protection Act, unless prescribed by a
17    physician, and submit samples of his or her blood or urine
18    or both for tests to determine the presence of any illicit
19    drug;
20        (17) if convicted for an offense committed on or after
21    June 1, 2008 (the effective date of Public Act 95-464)
22    that would qualify the accused as a child sex offender as
23    defined in Section 11-9.3 or 11-9.4 of the Criminal Code
24    of 1961 or the Criminal Code of 2012, refrain from
25    communicating with or contacting, by means of the
26    Internet, a person who is related to the accused and whom

 

 

HB4844 Engrossed- 2019 -LRB103 39009 AMC 69146 b

1    the accused reasonably believes to be under 18 years of
2    age; for purposes of this paragraph (17), "Internet" has
3    the meaning ascribed to it in Section 16-0.1 of the
4    Criminal Code of 2012; and a person is related to the
5    accused if the person is: (i) the spouse, brother, or
6    sister of the accused; (ii) a descendant of the accused;
7    (iii) a first or second cousin of the accused; or (iv) a
8    step-child or adopted child of the accused;
9        (18) if convicted for an offense committed on or after
10    June 1, 2009 (the effective date of Public Act 95-983)
11    that would qualify as a sex offense as defined in the Sex
12    Offender Registration Act:
13            (i) not access or use a computer or any other
14        device with Internet capability without the prior
15        written approval of the offender's probation officer,
16        except in connection with the offender's employment or
17        search for employment with the prior approval of the
18        offender's probation officer;
19            (ii) submit to periodic unannounced examinations
20        of the offender's computer or any other device with
21        Internet capability by the offender's probation
22        officer, a law enforcement officer, or assigned
23        computer or information technology specialist,
24        including the retrieval and copying of all data from
25        the computer or device and any internal or external
26        peripherals and removal of such information,

 

 

HB4844 Engrossed- 2020 -LRB103 39009 AMC 69146 b

1        equipment, or device to conduct a more thorough
2        inspection;
3            (iii) submit to the installation on the offender's
4        computer or device with Internet capability, at the
5        subject's expense, of one or more hardware or software
6        systems to monitor the Internet use; and
7            (iv) submit to any other appropriate restrictions
8        concerning the offender's use of or access to a
9        computer or any other device with Internet capability
10        imposed by the offender's probation officer; and
11        (19) refrain from possessing a firearm or other
12    dangerous weapon where the offense is a misdemeanor that
13    did not involve the intentional or knowing infliction of
14    bodily harm or threat of bodily harm.
15    (c) The court may as a condition of probation or of
16conditional discharge require that a person under 18 years of
17age found guilty of any alcohol, cannabis or controlled
18substance violation, refrain from acquiring a driver's license
19during the period of probation or conditional discharge. If
20such person is in possession of a permit or license, the court
21may require that the minor refrain from driving or operating
22any motor vehicle during the period of probation or
23conditional discharge, except as may be necessary in the
24course of the minor's lawful employment.
25    (d) An offender sentenced to probation or to conditional
26discharge shall be given a certificate setting forth the

 

 

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1conditions thereof.
2    (e) Except where the offender has committed a fourth or
3subsequent violation of subsection (c) of Section 6-303 of the
4Illinois Vehicle Code, the court shall not require as a
5condition of the sentence of probation or conditional
6discharge that the offender be committed to a period of
7imprisonment in excess of 6 months. This 6-month limit shall
8not include periods of confinement given pursuant to a
9sentence of county impact incarceration under Section 5-8-1.2.
10    Persons committed to imprisonment as a condition of
11probation or conditional discharge shall not be committed to
12the Department of Corrections.
13    (f) The court may combine a sentence of periodic
14imprisonment under Article 7 or a sentence to a county impact
15incarceration program under Article 8 with a sentence of
16probation or conditional discharge.
17    (g) An offender sentenced to probation or to conditional
18discharge and who during the term of either undergoes
19mandatory drug or alcohol testing, or both, or is assigned to
20be placed on an approved electronic monitoring device, shall
21be ordered to pay all costs incidental to such mandatory drug
22or alcohol testing, or both, and all costs incidental to such
23approved electronic monitoring in accordance with the
24defendant's ability to pay those costs. The county board with
25the concurrence of the Chief Judge of the judicial circuit in
26which the county is located shall establish reasonable fees

 

 

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1for the cost of maintenance, testing, and incidental expenses
2related to the mandatory drug or alcohol testing, or both, and
3all costs incidental to approved electronic monitoring,
4involved in a successful probation program for the county. The
5concurrence of the Chief Judge shall be in the form of an
6administrative order. The fees shall be collected by the clerk
7of the circuit court, except as provided in an administrative
8order of the Chief Judge of the circuit court. The clerk of the
9circuit court shall pay all moneys collected from these fees
10to the county treasurer who shall use the moneys collected to
11defray the costs of drug testing, alcohol testing, and
12electronic monitoring. The county treasurer shall deposit the
13fees collected in the county working cash fund under Section
146-27001 or Section 6-29002 of the Counties Code, as the case
15may be. The Chief Judge of the circuit court of the county may
16by administrative order establish a program for electronic
17monitoring of offenders, in which a vendor supplies and
18monitors the operation of the electronic monitoring device,
19and collects the fees on behalf of the county. The program
20shall include provisions for indigent offenders and the
21collection of unpaid fees. The program shall not unduly burden
22the offender and shall be subject to review by the Chief Judge.
23A person shall not be assessed costs or fees for mandatory
24testing for drugs, alcohol, or both, if the person is an
25indigent person as defined in paragraph (2) of subsection (a)
26of Section 5-105 of the Code of Civil Procedure.

 

 

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1    The Chief Judge of the circuit court may suspend any
2additional charges or fees for late payment, interest, or
3damage to any device.
4    (h) Jurisdiction over an offender may be transferred from
5the sentencing court to the court of another circuit with the
6concurrence of both courts. Further transfers or retransfers
7of jurisdiction are also authorized in the same manner. The
8court to which jurisdiction has been transferred shall have
9the same powers as the sentencing court. The probation
10department within the circuit to which jurisdiction has been
11transferred, or which has agreed to provide supervision, may
12impose probation fees upon receiving the transferred offender,
13as provided in subsection (i). For all transfer cases, as
14defined in Section 9b of the Probation and Probation Officers
15Act, the probation department from the original sentencing
16court shall retain all probation fees collected prior to the
17transfer. After the transfer, all probation fees shall be paid
18to the probation department within the circuit to which
19jurisdiction has been transferred.
20    (i) The court shall impose upon an offender sentenced to
21probation after January 1, 1989 or to conditional discharge
22after January 1, 1992 or to community service under the
23supervision of a probation or court services department after
24January 1, 2004, as a condition of such probation or
25conditional discharge or supervised community service, a fee
26of $50 for each month of probation or conditional discharge

 

 

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1supervision or supervised community service ordered by the
2court, unless after determining the inability of the person
3sentenced to probation or conditional discharge or supervised
4community service to pay the fee, the court assesses a lesser
5fee. The court may not impose the fee on a minor who is placed
6in the guardianship or custody of the Department of Children
7and Family Services under the Juvenile Court Act of 1987 while
8the minor is in placement. The fee shall be imposed only upon
9an offender who is actively supervised by the probation and
10court services department. The fee shall be collected by the
11clerk of the circuit court. The clerk of the circuit court
12shall pay all monies collected from this fee to the county
13treasurer for deposit in the probation and court services fund
14under Section 15.1 of the Probation and Probation Officers
15Act.
16    A circuit court may not impose a probation fee under this
17subsection (i) in excess of $25 per month unless the circuit
18court has adopted, by administrative order issued by the Chief
19Judge chief judge, a standard probation fee guide determining
20an offender's ability to pay. Of the amount collected as a
21probation fee, up to $5 of that fee collected per month may be
22used to provide services to crime victims and their families.
23    The Court may only waive probation fees based on an
24offender's ability to pay. The probation department may
25re-evaluate an offender's ability to pay every 6 months, and,
26with the approval of the Director of Court Services or the

 

 

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1Chief Probation Officer, adjust the monthly fee amount. An
2offender may elect to pay probation fees due in a lump sum. Any
3offender that has been assigned to the supervision of a
4probation department, or has been transferred either under
5subsection (h) of this Section or under any interstate
6compact, shall be required to pay probation fees to the
7department supervising the offender, based on the offender's
8ability to pay.
9    Public Act 93-970 deletes the $10 increase in the fee
10under this subsection that was imposed by Public Act 93-616.
11This deletion is intended to control over any other Act of the
1293rd General Assembly that retains or incorporates that fee
13increase.
14    (i-5) In addition to the fees imposed under subsection (i)
15of this Section, in the case of an offender convicted of a
16felony sex offense (as defined in the Sex Offender Management
17Board Act) or an offense that the court or probation
18department has determined to be sexually motivated (as defined
19in the Sex Offender Management Board Act), the court or the
20probation department shall assess additional fees to pay for
21all costs of treatment, assessment, evaluation for risk and
22treatment, and monitoring the offender, based on that
23offender's ability to pay those costs either as they occur or
24under a payment plan.
25    (j) All fines and costs imposed under this Section for any
26violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle

 

 

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1Code, or a similar provision of a local ordinance, and any
2violation of the Child Passenger Protection Act, or a similar
3provision of a local ordinance, shall be collected and
4disbursed by the circuit clerk as provided under the Criminal
5and Traffic Assessment Act.
6    (k) Any offender who is sentenced to probation or
7conditional discharge for a felony sex offense as defined in
8the Sex Offender Management Board Act or any offense that the
9court or probation department has determined to be sexually
10motivated as defined in the Sex Offender Management Board Act
11shall be required to refrain from any contact, directly or
12indirectly, with any persons specified by the court and shall
13be available for all evaluations and treatment programs
14required by the court or the probation department.
15    (l) The court may order an offender who is sentenced to
16probation or conditional discharge for a violation of an order
17of protection be placed under electronic surveillance as
18provided in Section 5-8A-7 of this Code.
19    (m) Except for restitution, and assessments issued for
20adjudications under Section 5-125 of the Juvenile Court Act of
211987, fines and assessments, such as fees or administrative
22costs, authorized under this Section shall not be ordered or
23imposed on a minor subject to Article III, IV, or V of the
24Juvenile Court Act of 1987, or a minor under the age of 18
25transferred to adult court or excluded from juvenile court
26jurisdiction under Article V of the Juvenile Court Act of

 

 

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11987, or the minor's parent, guardian, or legal custodian.
2    (n) (m) A person on probation, conditional discharge, or
3supervision shall not be ordered to refrain from having
4cannabis or alcohol in his or her body unless:
5        (1) the person is under 21 years old;
6        (2) the person was sentenced to probation, conditional
7    discharge, or supervision for an offense which had as an
8    element of the offense the presence of an intoxicating
9    compound in the person's body;
10        (3) the person is participating in a problem-solving
11    court certified by the Illinois Supreme Court;
12        (4) the person has undergone a validated clinical
13    assessment and the clinical treatment plan includes
14    alcohol or cannabis testing; or
15        (5) a court ordered evaluation recommends that the
16    person refrain from using alcohol or cannabis, provided
17    the evaluation is a validated clinical assessment and the
18    recommendation originates from a clinical treatment plan.
19    If the court has made findings that alcohol use was a
20contributing factor in the commission of the underlying
21offense, the court may order a person on probation,
22conditional discharge, or supervision to refrain from having
23alcohol in his or her body during the time between sentencing
24and the completion of a validated clinical assessment,
25provided that such order shall not exceed 30 days and shall be
26terminated if the clinical treatment plan does not recommend

 

 

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1abstinence or testing, or both.
2    In this subsection (n) (m), "validated clinical
3assessment" and "clinical treatment plan" have the meanings
4ascribed to them in Section 10 of the Drug Court Treatment Act.
5    In any instance in which the court orders testing for
6cannabis or alcohol, the court shall state the reasonable
7relation the condition has to the person's crime for which the
8person was placed on probation, conditional discharge, or
9supervision.
10    (o) (n) A person on probation, conditional discharge, or
11supervision shall not be ordered to refrain from use or
12consumption of any substance lawfully prescribed by a medical
13provider or authorized by the Compassionate Use of Medical
14Cannabis Program Act, except where use is prohibited in
15paragraph (3) or (4) of subsection (n) (m).
16(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;
17103-271, eff. 1-1-24; 103-379, eff. 7-28-23; 103-391, eff.
181-1-24; revised 12-15-23.)
 
19    (730 ILCS 5/5-9-1.4)  (from Ch. 38, par. 1005-9-1.4)
20    Sec. 5-9-1.4. (a) "Crime laboratory" means any
21not-for-profit laboratory registered with the Drug Enforcement
22Administration of the United States Department of Justice,
23substantially funded by a unit or combination of units of
24local government or the State of Illinois, which regularly
25employs at least one person engaged in the analysis of

 

 

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1controlled substances, cannabis, methamphetamine, or steroids
2for criminal justice agencies in criminal matters and provides
3testimony with respect to such examinations.
4    (b) (Blank).
5    (c) (Blank).
6    (c-1) A criminal laboratory analysis assessment, or
7equivalent fine or assessment, such as fees or administrative
8costs, shall not be ordered or imposed on a minor subject to
9Article III, IV, or V of the Juvenile Court Act of 1987, or a
10minor under the age of 18 transferred to adult court or
11excluded from juvenile court jurisdiction under Article V of
12the Juvenile Court Act of 1987, or the minor's parent,
13guardian, or legal custodian.
14    (d) Notwithstanding subsection (c-1) of this Section, all
15funds provided for by this Section shall be collected by the
16clerk of the court and forwarded to the appropriate crime
17laboratory fund as provided in subsection (f).
18    (e) Crime laboratory funds shall be established as
19follows:
20        (1) Any unit of local government which maintains a
21    crime laboratory may establish a crime laboratory fund
22    within the office of the county or municipal treasurer.
23        (2) Any combination of units of local government which
24    maintains a crime laboratory may establish a crime
25    laboratory fund within the office of the treasurer of the
26    county where the crime laboratory is situated.

 

 

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1        (3) The State Crime Laboratory Fund is hereby created
2    as a special fund in the State Treasury.
3    (f) Funds shall be forwarded to the office of the
4treasurer of the unit of local government that performed the
5analysis if that unit of local government has established a
6crime laboratory fund, or to the State Crime Laboratory Fund
7if the analysis was performed by a laboratory operated by the
8Illinois State Police. If the analysis was performed by a
9crime laboratory funded by a combination of units of local
10government, the funds shall be forwarded to the treasurer of
11the county where the crime laboratory is situated if a crime
12laboratory fund has been established in that county. If the
13unit of local government or combination of units of local
14government has not established a crime laboratory fund, then
15the funds shall be forwarded to the State Crime Laboratory
16Fund.
17    (g) Moneys deposited into a crime laboratory fund created
18pursuant to paragraph (1) or (2) of subsection (e) of this
19Section shall be in addition to any allocations made pursuant
20to existing law and shall be designated for the exclusive use
21of the crime laboratory. These uses may include, but are not
22limited to, the following:
23        (1) costs incurred in providing analysis for
24    controlled substances in connection with criminal
25    investigations conducted within this State;
26        (2) purchase and maintenance of equipment for use in

 

 

HB4844 Engrossed- 2031 -LRB103 39009 AMC 69146 b

1    performing analyses; and
2        (3) continuing education, training, and professional
3    development of forensic scientists regularly employed by
4    these laboratories.
5    (h) Moneys deposited in the State Crime Laboratory Fund
6created pursuant to paragraph (3) of subsection (d) of this
7Section shall be used by State crime laboratories as
8designated by the Director of the Illinois State Police. These
9funds shall be in addition to any allocations made pursuant to
10existing law and shall be designated for the exclusive use of
11State crime laboratories or for the sexual assault evidence
12tracking system created under Section 50 of the Sexual Assault
13Evidence Submission Act. These uses may include those
14enumerated in subsection (g) of this Section.
15(Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21;
16102-813, eff. 5-13-22; 103-363, eff. 7-28-23; 103-379, eff.
177-28-23; revised 9-14-23.)
 
18    (730 ILCS 5/5-9-1.9)
19    Sec. 5-9-1.9. DUI analysis.
20    (a) "Crime laboratory" means a not-for-profit laboratory
21substantially funded by a single unit or combination of units
22of local government or the State of Illinois that regularly
23employs at least one person engaged in the DUI analysis of
24blood, other bodily substance, and urine for criminal justice
25agencies in criminal matters and provides testimony with

 

 

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1respect to such examinations.
2    "DUI analysis" means an analysis of blood, other bodily
3substance, or urine for purposes of determining whether a
4violation of Section 11-501 of the Illinois Vehicle Code has
5occurred.
6    (b) (Blank).
7    (c) (Blank).
8    (c-1) A criminal laboratory DUI analysis assessment, or
9equivalent fine or assessment, such as fees or administrative
10costs, shall not be ordered or imposed on a minor subject to
11Article III, IV, or V of the Juvenile Court Act of 1987, or a
12minor under the age of 18 transferred to adult court or
13excluded from juvenile court jurisdiction under Article V of
14the Juvenile Court Act of 1987, or the minor's parent,
15guardian, or legal custodian.
16    (d) Notwithstanding subsection (c-1), all funds provided
17for by this Section shall be collected by the clerk of the
18court and forwarded to the appropriate crime laboratory DUI
19fund as provided in subsection (f).
20    (e) Crime laboratory funds shall be established as
21follows:
22        (1) A unit of local government that maintains a crime
23    laboratory may establish a crime laboratory DUI fund
24    within the office of the county or municipal treasurer.
25        (2) Any combination of units of local government that
26    maintains a crime laboratory may establish a crime

 

 

HB4844 Engrossed- 2033 -LRB103 39009 AMC 69146 b

1    laboratory DUI fund within the office of the treasurer of
2    the county where the crime laboratory is situated.
3        (3) (Blank).
4    (f) Notwithstanding subsection (c-1), all funds shall be
5forwarded to the office of the treasurer of the unit of local
6government that performed the analysis if that unit of local
7government has established a crime laboratory DUI fund, or
8remitted to the State Treasurer for deposit into the State
9Crime Laboratory Fund if the analysis was performed by a
10laboratory operated by the Illinois State Police. If the
11analysis was performed by a crime laboratory funded by a
12combination of units of local government, the funds shall be
13forwarded to the treasurer of the county where the crime
14laboratory is situated if a crime laboratory DUI fund has been
15established in that county. If the unit of local government or
16combination of units of local government has not established a
17crime laboratory DUI fund, then the funds shall be remitted to
18the State Treasurer for deposit into the State Crime
19Laboratory Fund.
20    (g) Moneys deposited into a crime laboratory DUI fund
21created under paragraphs (1) and (2) of subsection (e) of this
22Section shall be in addition to any allocations made pursuant
23to existing law and shall be designated for the exclusive use
24of the crime laboratory. These uses may include, but are not
25limited to, the following:
26        (1) Costs incurred in providing analysis for DUI

 

 

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1    investigations conducted within this State.
2        (2) Purchase and maintenance of equipment for use in
3    performing analyses.
4        (3) Continuing education, training, and professional
5    development of forensic scientists regularly employed by
6    these laboratories.
7    (h) Moneys deposited in the State Crime Laboratory Fund
8shall be used by State crime laboratories as designated by the
9Director of the Illinois State Police. These funds shall be in
10addition to any allocations made according to existing law and
11shall be designated for the exclusive use of State crime
12laboratories. These uses may include those enumerated in
13subsection (g) of this Section.
14    (i) (Blank).
15(Source: P.A. 102-16, eff. 6-17-21; 102-145, eff. 7-23-21;
16102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-363, eff.
177-28-23; 103-379, eff. 7-28-23; revised 9-14-23.)
 
18    Section 570. The Arsonist Registration Act is amended by
19changing Section 35 as follows:
 
20    (730 ILCS 148/35)
21    Sec. 35. Duty to report change of address, school, name,
22or employment. Any person who is required to register under
23this Act shall report in person to the appropriate law
24enforcement agency with whom he or she last registered within

 

 

HB4844 Engrossed- 2035 -LRB103 39009 AMC 69146 b

1one year from the date of last registration and every year
2thereafter. If any person required to register under this Act
3changes his or her residence address, place of employment, or
4school, he or she shall, in writing, within 10 days inform the
5law enforcement agency with whom he or she last registered of
6his or her new address, change in employment, or school and
7register with the appropriate law enforcement agency within
8the time period specified in Section 10. Any person who is
9required to register under this Act and is granted a legal name
10change pursuant to subsection (b) of Section 21-101 of the
11Code of Civil Procedure shall, in writing, within 10 days
12inform the law enforcement agency with whom the person they
13last registered of the their name change. The law enforcement
14agency shall, within 3 days of receipt, notify the Illinois
15State Police and the law enforcement agency having
16jurisdiction of the new place of residence, change in
17employment, or school. If any person required to register
18under this Act establishes a residence or employment outside
19of the State of Illinois, within 10 days after establishing
20that residence or employment, he or she shall, in writing,
21inform the law enforcement agency with which he or she last
22registered of his or her out-of-state residence or employment.
23The law enforcement agency with which such person last
24registered shall, within 3 days' days notice of an address or
25employment change, notify the Illinois State Police. The
26Illinois State Police shall forward such information to the

 

 

HB4844 Engrossed- 2036 -LRB103 39009 AMC 69146 b

1out-of-state law enforcement agency having jurisdiction in the
2form and manner prescribed by the Illinois State Police.
3(Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24;
4revised 12-15-23.)
 
5    Section 575. The Sex Offender Registration Act is amended
6by changing Section 6 as follows:
 
7    (730 ILCS 150/6)
8    Sec. 6. Duty to report; change of address, school, name,
9or employment; duty to inform. A person who has been
10adjudicated to be sexually dangerous or is a sexually violent
11person and is later released, or found to be no longer sexually
12dangerous or no longer a sexually violent person and
13discharged, or convicted of a violation of this Act after July
141, 2005, shall report in person to the law enforcement agency
15with whom he or she last registered no later than 90 days after
16the date of his or her last registration and every 90 days
17thereafter and at such other times at the request of the law
18enforcement agency not to exceed 4 times a year. Such sexually
19dangerous or sexually violent person must report all new or
20changed e-mail addresses, all new or changed instant messaging
21identities, all new or changed chat room identities, and all
22other new or changed Internet communications identities that
23the sexually dangerous or sexually violent person uses or
24plans to use, all new or changed Uniform Resource Locators

 

 

HB4844 Engrossed- 2037 -LRB103 39009 AMC 69146 b

1(URLs) registered or used by the sexually dangerous or
2sexually violent person, and all new or changed blogs and
3other Internet sites maintained by the sexually dangerous or
4sexually violent person or to which the sexually dangerous or
5sexually violent person has uploaded any content or posted any
6messages or information. Any person who lacks a fixed
7residence must report weekly, in person, to the appropriate
8law enforcement agency where the sex offender is located. Any
9other person who is required to register under this Article
10shall report in person to the appropriate law enforcement
11agency with whom he or she last registered within one year from
12the date of last registration and every year thereafter and at
13such other times at the request of the law enforcement agency
14not to exceed 4 times a year. If any person required to
15register under this Article lacks a fixed residence or
16temporary domicile, he or she must notify, in person, the
17agency of jurisdiction of his or her last known address within
183 days after ceasing to have a fixed residence and if the
19offender leaves the last jurisdiction of residence, he or she,
20must within 3 days after leaving register in person with the
21new agency of jurisdiction. If any other person required to
22register under this Article changes his or her residence
23address, place of employment, telephone number, cellular
24telephone number, or school, he or she shall report in person,
25to the law enforcement agency with whom he or she last
26registered, his or her new address, change in employment,

 

 

HB4844 Engrossed- 2038 -LRB103 39009 AMC 69146 b

1telephone number, cellular telephone number, or school, all
2new or changed e-mail addresses, all new or changed instant
3messaging identities, all new or changed chat room identities,
4and all other new or changed Internet communications
5identities that the sex offender uses or plans to use, all new
6or changed Uniform Resource Locators (URLs) registered or used
7by the sex offender, and all new or changed blogs and other
8Internet sites maintained by the sex offender or to which the
9sex offender has uploaded any content or posted any messages
10or information, and register, in person, with the appropriate
11law enforcement agency within the time period specified in
12Section 3. If any person required to register under this
13Article is granted a legal name change pursuant to subsection
14(b) of Section 21-101 of the Code of Civil Procedure, the
15person they shall report, in person, within 3 days of the their
16legal name change, to the law enforcement agency with whom the
17person they last registered. If the sex offender is a child sex
18offender as defined in Section 11-9.3 or 11-9.4 of the
19Criminal Code of 1961 or the Criminal Code of 2012, the sex
20offender shall within 3 days after beginning to reside in a
21household with a child under 18 years of age who is not his or
22her own child, provided that his or her own child is not the
23victim of the sex offense, report that information to the
24registering law enforcement agency. The law enforcement agency
25shall, within 3 days of the reporting in person by the person
26required to register under this Article, notify the Illinois

 

 

HB4844 Engrossed- 2039 -LRB103 39009 AMC 69146 b

1State Police of the new place of residence, change in
2employment, telephone number, cellular telephone number, or
3school.
4    If any person required to register under this Article
5intends to establish a residence or employment outside of the
6State of Illinois, at least 10 days before establishing that
7residence or employment, he or she shall report in person to
8the law enforcement agency with which he or she last
9registered of his or her out-of-state intended residence or
10employment. The law enforcement agency with which such person
11last registered shall, within 3 days after the reporting in
12person of the person required to register under this Article
13of an address or employment change, notify the Illinois State
14Police. The Illinois State Police shall forward such
15information to the out-of-state law enforcement agency having
16jurisdiction in the form and manner prescribed by the Illinois
17State Police.
18(Source: P.A. P.A. 102-538, eff. 8-20-21; 102-1133, eff.
191-1-24; revised 12-15-23.)
 
20    Section 580. The Murderer and Violent Offender Against
21Youth Registration Act is amended by changing Section 30 as
22follows:
 
23    (730 ILCS 154/30)
24    Sec. 30. Duty to report; change of address, school, name,

 

 

HB4844 Engrossed- 2040 -LRB103 39009 AMC 69146 b

1or employment; duty to inform. Any violent offender against
2youth who is required to register under this Act shall report
3in person to the appropriate law enforcement agency with whom
4he or she last registered within one year from the date of last
5registration and every year thereafter and at such other times
6at the request of the law enforcement agency not to exceed 4
7times a year. If any person required to register under this Act
8lacks a fixed residence or temporary domicile, he or she must
9notify, in person, the agency of jurisdiction of his or her
10last known address within 5 days after ceasing to have a fixed
11residence and if the offender leaves the last jurisdiction of
12residence, he or she must, within 48 hours after leaving,
13register in person with the new agency of jurisdiction. If any
14other person required to register under this Act changes his
15or her residence address, place of employment, or school, he
16or she shall report in person to the law enforcement agency
17with whom he or she last registered of his or her new address,
18change in employment, or school and register, in person, with
19the appropriate law enforcement agency within the time period
20specified in Section 10. The law enforcement agency shall,
21within 3 days of the reporting in person by the person required
22to register under this Act, notify the Illinois State Police
23of the new place of residence, change in employment, or
24school. If any person required to register under this Act is
25granted a legal name change pursuant to subsection (b) of
26Section 21-101 of the Code of Civil Procedure, the person they

 

 

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1shall report, in person, within 5 days of receiving the their
2legal name change order, the their legal name change to the law
3enforcement agency with whom the person they last registered.
4    If any person required to register under this Act intends
5to establish a residence or employment outside of the State of
6Illinois, at least 10 days before establishing that residence
7or employment, he or she shall report in person to the law
8enforcement agency with which he or she last registered of his
9or her out-of-state intended residence or employment. The law
10enforcement agency with which such person last registered
11shall, within 3 days after the reporting in person of the
12person required to register under this Act of an address or
13employment change, notify the Illinois State Police. The
14Illinois State Police shall forward such information to the
15out-of-state law enforcement agency having jurisdiction in the
16form and manner prescribed by the Illinois State Police.
17(Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24;
18revised 12-15-23.)
 
19    Section 585. The End Youth Solitary Confinement Act is
20amended by changing Section 10 as follows:
 
21    (730 ILCS 215/10)
22    Sec. 10. Covered juvenile confinement.
23    (a) In this Act:
24    "Administrative hold" means the status assigned to a

 

 

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1covered juvenile who is temporarily being housed in a
2particular covered juvenile center and includes, but is not
3limited to: a covered juvenile awaiting transfer to another
4juvenile detention center, a covered juvenile permanently
5assigned to another juvenile detention center being
6temporarily housed for purposes of attending court, the
7covered juvenile awaiting release, and the covered juvenile
8who was transferred to the Department of Corrections by
9mistake.
10    "Behavioral hold" means the status assigned to a covered
11juvenile who is confined to the covered juvenile's own room or
12another area because he or she is engaging in dangerous
13behavior that poses a serious and immediate threat to his or
14her own safety, the safety of others, or the security of the
15juvenile detention center.
16    "Chief administrative officer" means the highest ranking
17official of a juvenile detention center.
18    "Confinement" means any instance when an individual
19covered juvenile is held for 15 minutes or more in a room,
20cell, or other area separated from other covered juveniles.
21Confinement may occur in locked or unlocked rooms.
22"Confinement" includes an administrative hold, behavioral
23hold, or investigative status. "Confinement" does not include
24medical isolation or quarantine, situations when a covered
25juvenile requests to go to his or her room, the movement of the
26covered juvenile between offices and classrooms while

 

 

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1attending school, a covered juvenile who receives individual
2counseling or other therapeutic services, or staff who are in
3ongoing continuous conversation or processing with the covered
4juvenile, such as a cool down.
5    "Covered juvenile" means any person under 21 years of age
6incarcerated in a Department of Juvenile Justice facility or
7any person under 18 years of age detained in a county facility
8under the authority of the local circuit court.
9    "Investigative status" means a status assigned to a
10covered juvenile for whom confinement is necessary for the
11efficient and effective investigation of a Tier 2 or Tier 3
12offense, as defined in the Department of Juvenile Justice's
13Administrative Directive 04.01.140.
14    "Tier 2" or "Tier 3" offense means a major rules violation
15that results in immediate disciplinary consequences that are
16assigned by the staff of a facility of the Illinois Department
17of Juvenile Justice reporting the violation.
18    (b) The use of room confinement at a youth facility for
19discipline, punishment, retaliation, or any reason other than
20as a temporary response to a juvenile's behavior that poses a
21serious and immediate risk of physical harm to any individual,
22including the juvenile, is prohibited.
23    (b-5) A covered juvenile may be placed on an
24administrative hold and confined when temporarily being housed
25in a particular juvenile detention center or for
26administrative or security purposes as personally determined

 

 

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1by the chief administrative officer.
2    (b-6) Placement on administrative hold shall be subject to
3the following time limitations:
4        (1) when the covered juvenile is awaiting transfer to
5    a youth facility or a more secure setting, the
6    administrative hold may not exceed 3 business days; and
7        (2) the administrative hold may not exceed 7 calendar
8    days when the covered juvenile is temporarily transferred
9    to a different facility for the purposes of placement
10    interviews, court appearances, or medical treatment.
11    (b-7) Whenever a covered juvenile is on an administrative
12hold, the Department shall provide the covered juvenile with
13access to the same programs and services received by covered
14juveniles in the general population. Any restrictions on
15movement or access to programs and services shall be
16documented and justified by the chief administrative officer.
17    (c) If a covered juvenile poses a serious and immediate
18risk of physical harm to any individual, including the
19juvenile, before a staff member of the facility places a
20covered juvenile in room confinement, the staff member shall
21attempt to use other less restrictive options, unless
22attempting those options poses a threat to the safety or
23security of any minor or staff.
24    (d) If a covered juvenile is placed in room confinement
25because the covered juvenile poses a serious and immediate
26risk of physical harm to himself or herself, or to others, the

 

 

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1covered juvenile shall be released:
2        (1) immediately when the covered juvenile has
3    sufficiently gained control so as to no longer engage in
4    behavior that threatens serious and immediate risk of
5    physical harm to himself or herself, or to others; or
6        (2) no more than 24 hours after being placed in room
7    confinement if a covered juvenile does not sufficiently
8    gain control as described in paragraph (1) of this
9    subsection (d) and poses a serious and immediate risk of
10    physical harm to himself or herself or others, not later
11    than:
12            (A) 3 hours after being placed in room
13        confinement, in the case of a covered juvenile who
14        poses a serious and immediate risk of physical harm to
15        others; or
16            (B) 30 minutes after being placed in room
17        confinement, in the case of a covered juvenile who
18        poses a serious and immediate risk of physical harm
19        only to himself or herself.
20    (e) If, after the applicable maximum period of confinement
21has expired, a covered juvenile continues to pose a serious
22and immediate risk of physical harm to others:
23        (1) the covered juvenile shall be transferred to
24    another facility, when available, or internal location
25    where services can be provided to the covered juvenile
26    without relying on room confinement; or

 

 

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1        (2) if a qualified mental health professional believes
2    the level of crisis service needed is not currently
3    available, a staff member of the facility shall initiate a
4    referral to a location that can meet the needs of the
5    covered juvenile.
6    (f) Each facility detaining covered juveniles shall report
7the use of each incident of room confinement to an independent
8ombudsperson for the Department of Juvenile Justice each
9month, including:
10        (1) the name of the covered juvenile;
11        (2) demographic data, including, at a minimum, age,
12    race, gender, and primary language;
13        (3) the reason for room confinement, including how
14    detention facility officials determined the covered
15    juvenile posed an immediate risk of physical harm to
16    others or to the covered juvenile him or herself;
17        (4) the length of room confinement;
18        (5) the number of covered juveniles transferred to
19    another facility or referred referral to a separate crisis
20    location covered under subsection (e); and
21        (6) the name of detention facility officials involved
22    in each instance of room confinement.
23    (g) An independent ombudsperson for the Department of
24Juvenile Justice may review a detention facility's adherence
25to this Section.
26(Source: P.A. 103-178, eff. 1-1-24; revised 12-19-23.)
 

 

 

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1    Section 590. The Code of Civil Procedure is amended by
2changing Sections 21-101, 21-102, 21-102.5, and 21-103 as
3follows:
 
4    (735 ILCS 5/21-101)  (from Ch. 110, par. 21-101)
5    Sec. 21-101. Proceedings; parties.
6    (a) If any person who is a resident of this State and has
7resided in this State for 6 months desires to change his or her
8name and to assume another name by which to be afterwards
9called and known, the person may file a petition requesting
10that relief in the circuit court of the county wherein he or
11she resides.
12    (b) A person who has been convicted of any offense for
13which a person is required to register under the Sex Offender
14Registration Act, the Murderer and Violent Offender Against
15Youth Registration Act, or the Arsonist Registration Act in
16this State or any other state and who has not been pardoned is
17not permitted to file a petition for a name change in the
18courts of this State during the period that the person is
19required to register, unless that person verifies under oath,
20as provided under Section 1-109, that the petition for the
21name change is due to marriage, religious beliefs, status as a
22victim of trafficking or gender-related identity as defined by
23the Illinois Human Rights Act. A judge may grant or deny the
24request for legal name change filed by such persons. Any such

 

 

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1persons granted a legal name change shall report the change to
2the law enforcement agency having jurisdiction of their
3current registration pursuant to the Duty to Report
4requirements specified in Section 35 of the Arsonist
5Registration Act, Section 20 of the Murderer and Violent
6Offender Against Youth Registration Act, and Section 6 of the
7Sex Offender Registration Act. For the purposes of this
8subsection, a person will not face a felony charge if the
9person's request for legal name change is denied without proof
10of perjury.
11    (b-1) A person who has been convicted of a felony offense
12in this State or any other state and whose sentence has not
13been completed, terminated, or discharged is not permitted to
14file a petition for a name change in the courts of this State
15unless that person is pardoned for the offense.
16    (c) A petitioner may include his or her spouse and adult
17unmarried children, with their consent, and his or her minor
18children where it appears to the court that it is for their
19best interest, in the petition and relief requested, and the
20court's order shall then include the spouse and children.
21Whenever any minor has resided in the family of any person for
22the space of 3 years and has been recognized and known as an
23adopted child in the family of that person, the application
24herein provided for may be made by the person having that minor
25in his or her family.
26    An order shall be entered as to a minor only if the court

 

 

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1finds by clear and convincing evidence that the change is
2necessary to serve the best interest of the child. In
3determining the best interest of a minor child under this
4Section, the court shall consider all relevant factors,
5including:
6        (1) The wishes of the child's parents and any person
7    acting as a parent who has physical custody of the child.
8        (2) The wishes of the child and the reasons for those
9    wishes. The court may interview the child in chambers to
10    ascertain the child's wishes with respect to the change of
11    name. Counsel shall be present at the interview unless
12    otherwise agreed upon by the parties. The court shall
13    cause a court reporter to be present who shall make a
14    complete record of the interview instantaneously to be
15    part of the record in the case.
16        (3) The interaction and interrelationship of the child
17    with his or her parents or persons acting as parents who
18    have physical custody of the child, step-parents,
19    siblings, step-siblings, or any other person who may
20    significantly affect the child's best interest.
21        (4) The child's adjustment to his or her home, school,
22    and community.
23    (d) If it appears to the court that the conditions and
24requirements under this Article have been complied with and
25that there is no reason why the relief requested should not be
26granted, the court, by an order to be entered of record, may

 

 

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1direct and provide that the name of that person be changed in
2accordance with the relief requested in the petition. If the
3circuit court orders that a name change be granted to a person
4who has been adjudicated or convicted of a felony or
5misdemeanor offense under the laws of this State or any other
6state for which a pardon has not been granted, or has an arrest
7for which a charge has not been filed or a pending charge on a
8felony or misdemeanor offense, a copy of the order, including
9a copy of each applicable access and review response, shall be
10forwarded to the Illinois State Police. The Illinois State
11Police shall update any criminal history transcript or
12offender registration of each person 18 years of age or older
13in the order to include the change of name as well as his or
14her former name.
15(Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24;
16revised 12-15-23.)
 
17    (735 ILCS 5/21-102)  (from Ch. 110, par. 21-102)
18    Sec. 21-102. Petition; update criminal history transcript.
19    (a) The petition shall be a statewide standardized form
20approved by the Illinois Supreme Court and shall set forth the
21name then held, the name sought to be assumed, the residence of
22the petitioner, the length of time the petitioner has resided
23in this State, and the state or country of the petitioner's
24nativity or supposed nativity. The petition shall include a
25statement, verified under oath as provided under Section 1-109

 

 

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1of this Code, whether or not the petitioner or any other person
218 years of age or older who will be subject to a change of
3name under the petition if granted: (1) has been adjudicated
4or convicted of a felony or misdemeanor offense under the laws
5of this State or any other state for which a pardon has not
6been granted; or (2) has an arrest for which a charge has not
7been filed or a pending charge on a felony or misdemeanor
8offense. The petition shall be signed by the person
9petitioning or, in case of minors, by the parent or guardian
10having the legal custody of the minor.
11    (b) If the statement provided under subsection (a) of this
12Section indicates the petitioner or any other person 18 years
13of age or older who will be subject to a change of name under
14the petition, if granted, has been adjudicated or convicted of
15a felony or misdemeanor offense under the laws of this State or
16any other state for which a pardon has not been granted, or has
17an arrest for which a charge has not been filed or a pending
18charge on a felony or misdemeanor offense, the State's
19Attorney may request the court to or the court may on its own
20motion, require the person, prior to a hearing on the
21petition, to initiate an update of his or her criminal history
22transcript with the Illinois State Police. The Illinois State
23Police Department shall allow a person to use the Access and
24Review process, established by rule in the Illinois State
25Police Department, for this purpose. Upon completion of the
26update of the criminal history transcript, the petitioner

 

 

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1shall file confirmation of each update with the court, which
2shall seal the records from disclosure outside of court
3proceedings on the petition.
4    (c) Any petition filed under subsection (a) shall include
5the following: "WARNING: If you are required to register under
6the Sex Offender Registration Act, the Murderer and Violent
7Offender Against Youth Registration Act, or the Arsonist
8Registration Act in this State or a similar law in any other
9state and have not been pardoned, you will be committing a
10felony under those respective Acts by seeking a change of name
11during the registration period UNLESS your request for legal
12name change is due to marriage, religious beliefs, status as a
13victim of trafficking or gender related identity as defined by
14the Illinois Human Rights Act.".
15(Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24;
16revised 12-15-23.)
 
17    (735 ILCS 5/21-102.5)
18    Sec. 21-102.5. Notice; objection.
19    (a) The circuit court clerk shall promptly serve a copy of
20the petition on the State's Attorney and the Illinois State
21Police if the statement provided under subsection (a) of
22Section 21-102 indicates that the petitioner, or any other
23person 18 years of age or older who will be subject to a change
24of name under the petition, has been adjudicated or convicted
25of a felony or misdemeanor offense under the laws of this State

 

 

HB4844 Engrossed- 2053 -LRB103 39009 AMC 69146 b

1or any other state for which a pardon has not been granted, or
2has an arrest for which a charge has not been filed or a
3pending charge on a felony or misdemeanor offense.
4    (b) The State's Attorney may file an objection to the
5petition. All objections shall be in writing, shall be filed
6with the circuit court clerk, shall be served upon the
7petitioner, and shall state with specificity the basis of the
8objection. Objections to a petition must be filed within 30
9days of the date of service of the petition upon the State's
10Attorney if the petitioner:
11        (1) is the defendant in a pending criminal offense
12    charge; or
13        (2) has been convicted of identity theft, aggravated
14    identity theft, felony or misdemeanor criminal sexual
15    abuse when the victim of the offense at the time of its
16    commission is under 18 years of age, felony or misdemeanor
17    sexual exploitation of a child, felony or misdemeanor
18    indecent solicitation of a child, or felony or misdemeanor
19    indecent solicitation of an adult, and has not been
20    pardoned for the conviction.
21(Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24;
22revised 12-15-23)
 
23    (735 ILCS 5/21-103)
24    Sec. 21-103. Notice by publication.
25    (a) Previous notice shall be given of the intended

 

 

HB4844 Engrossed- 2054 -LRB103 39009 AMC 69146 b

1application by publishing a notice thereof in some newspaper
2published in the municipality in which the person resides if
3the municipality is in a county with a population under
42,000,000, or if the person does not reside in a municipality
5in a county with a population under 2,000,000, or if no
6newspaper is published in the municipality or if the person
7resides in a county with a population of 2,000,000 or more,
8then in some newspaper published in the county where the
9person resides, or if no newspaper is published in that
10county, then in some convenient newspaper published in this
11State. The notice shall be inserted for 3 consecutive weeks
12after filing, the first insertion to be at least 6 weeks before
13the return day upon which the petition is to be heard, and
14shall be signed by the petitioner or, in case of a minor, the
15minor's parent or guardian, and shall set forth the return day
16of court on which the petition is to be heard and the name
17sought to be assumed.
18    (b) The publication requirement of subsection (a) shall
19not be required in any application for a change of name
20involving a minor if, before making judgment under this
21Article, reasonable notice and opportunity to be heard is
22given to any parent whose parental rights have not been
23previously terminated and to any person who has physical
24custody of the child. If any of these persons are outside this
25State, notice and opportunity to be heard shall be given under
26Section 21-104.

 

 

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1    (b-3) The publication requirement of subsection (a) shall
2not be required in any application for a change of name
3involving a person who has received a judgment of for
4dissolution of marriage or declaration of invalidity of
5marriage and wishes to change his or her name to resume the use
6of his or her former or maiden name.
7    (b-5) The court may issue an order directing that the
8notice and publication requirement be waived for a change of
9name involving a person who files with the court a statement,
10verified under oath as provided under Section 1-109 of this
11Code, that the person believes that publishing notice of the
12name change would be a hardship, including, but not limited
13to, a negative impact on the person's health or safety.
14    (b-6) In a case where waiver of the notice and publication
15requirement is sought, the petition for waiver is presumed
16granted and heard at the same hearing as the petition for name
17change. The court retains discretion to determine whether a
18hardship is shown and may order the petitioner to publish
19thereafter.
20    (c) The Director of the Illinois State Police or his or her
21designee may apply to the circuit court for an order directing
22that the notice and publication requirements of this Section
23be waived if the Director or his or her designee certifies that
24the name change being sought is intended to protect a witness
25during and following a criminal investigation or proceeding.
26    (c-1) The court may also enter a written order waiving the

 

 

HB4844 Engrossed- 2056 -LRB103 39009 AMC 69146 b

1publication requirement of subsection (a) if:
2        (i) the petitioner is 18 years of age or older; and
3        (ii) concurrent with the petition, the petitioner
4    files with the court a statement, verified under oath as
5    provided under Section 1-109 of this Code, attesting that
6    the petitioner is or has been a person protected under the
7    Illinois Domestic Violence Act of 1986, the Stalking No
8    Contact Order Act, the Civil No Contact Order Act, Article
9    112A of the Code of Criminal Procedure of 1963, a
10    condition of pretrial release under subsections (b)
11    through (d) of Section 110-10 of the Code of Criminal
12    Procedure of 1963, or a similar provision of a law in
13    another state or jurisdiction.
14    The petitioner may attach to the statement any supporting
15documents, including relevant court orders.
16    (c-2) If the petitioner files a statement attesting that
17disclosure of the petitioner's address would put the
18petitioner or any member of the petitioner's family or
19household at risk or reveal the confidential address of a
20shelter for domestic violence victims, that address may be
21omitted from all documents filed with the court, and the
22petitioner may designate an alternative address for service.
23    (c-3) Court administrators may allow domestic abuse
24advocates, rape crisis advocates, and victim advocates to
25assist petitioners in the preparation of name changes under
26subsection (c-1).

 

 

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1    (c-4) If the publication requirements of subsection (a)
2have been waived, the circuit court shall enter an order
3impounding the case.
4    (d) The maximum rate charged for publication of a notice
5under this Section may not exceed the lowest classified rate
6paid by commercial users for comparable space in the newspaper
7in which the notice appears and shall include all cash
8discounts, multiple insertion discounts, and similar benefits
9extended to the newspaper's regular customers.
10(Source: P.A. 101-81, eff. 7-12-19; 101-203, eff. 1-1-20;
11101-652, eff. 1-1-23; 102-538, eff. 8-20-21; 102-813, eff.
125-13-22; 102-1133, eff. 1-1-24; revised 12-15-23.)
 
13    Section 595. The Eminent Domain Act is amended by setting
14forth, renumbering, and changing multiple versions of Section
1525-5-105 as follows:
 
16    (735 ILCS 30/25-5-105)
17    (Section scheduled to be repealed on May 31, 2025)
18    Sec. 25-5-105. Quick-take; Menard County; Athens Blacktop.
19    (a) Quick-take proceedings under Article 20 may be used
20for a period of one year after May 31, 2025 (the effective date
21of Public Act 103-3) this amendatory Act of the 103rd General
22Assembly by Menard County for the acquisition of the following
23described property for the purpose of reconstructing the
24Athens Blacktop corridor.
 

 

 

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1    Route: FAS 574/Athens Blacktop Road
2    County: Menard
3    Parcel No.: D-18
4    P.I.N. No.: 12-28-400-006
5    Section: 09-00056-05-EG
6    Station: RT 181+94.77
7    Station: RT 188+48.97
8        A part of the Southeast Quarter of Section 28,
9    Township 18 North, Range 6 West of the Third Principal
10    Meridian, described as follows:
11        Commencing at the Northeast corner of the Southeast
12    Quarter of said Section 28; thence South 89 degrees 42
13    minutes 06 seconds West along the north line of the
14    Southeast Quarter of said Section 28, a distance of 669.81
15    feet to the northeast parcel corner and the point of
16    beginning; thence South 02 degrees 24 minutes 13 seconds
17    East along the east parcel line, 80.48 feet; thence South
18    72 degrees 55 minutes 03 seconds West, 103.39 feet; thence
19    South 89 degrees 43 minutes 40 seconds West, 150.00 feet;
20    thence North 86 degrees 08 minutes 49 seconds West, 405.10
21    feet to the west parcel line; thence North 01 degree 06
22    minutes 28 seconds West along said line, 80.89 feet to the
23    north line of the Southeast Quarter of said Section 28;
24    thence North 89 degrees 42 minutes 06 seconds East along
25    said line, 651.20 feet to the point of beginning,

 

 

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1    containing 0.860 acres, more or less of new right of way
2    and 0.621 acres, more or less of existing right of way.
 
3    Route: FAS 574/Athens Blacktop Road
4    County: Menard
5    Parcel No.: D-19
6    P.I.N. No.: 12-28-400-007
7    Section: 09-00056-05-EG
8    Station: RT 188+46.59
9    Station: RT 191+17.37
10        A part of the Southeast Quarter of Section 28,
11    Township 18 North, Range 6 West of the Third Principal
12    Meridian, described as follows:
13        Commencing at the Northeast corner of the Southeast
14    Quarter of said Section 28; thence South 89 degrees 42
15    minutes 06 seconds West along the north line of the
16    Southeast Quarter of said Section 28, a distance of 399.89
17    feet to the northeast parcel corner and the point of
18    beginning; thence South 01 degree 10 minutes 54 seconds
19    East along the east parcel line, 92.67 feet; thence South
20    80 degrees 35 minutes 32 seconds West, 17.59 feet; thence
21    South 89 degrees 43 minutes 40 seconds West, 75.00 feet;
22    thence North 00 degrees 16 minutes 20 seconds West, 45.45
23    feet to the existing southerly right of way line of Athens
24    Blacktop Road (FAS 574); thence South 89 degrees 42
25    minutes 25 seconds West along said line, 75.00 feet;

 

 

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1    thence South 72 degrees 55 minutes 03 seconds West, 105.54
2    feet to the west parcel line; thence North 02 degrees 24
3    minutes 13 seconds West along said line, 80.48 feet to the
4    north line of the Southeast Quarter of said Section 28;
5    thence North 89 degrees 42 minutes 06 seconds East along
6    said line, 269.92 feet to the point of beginning,
7    containing 0.137 acres, more or less of new right of way
8    and 0.303 acres, more or less of existing right of way.
9    (b) This Section is repealed May 31, 2025 (2 years after
10the effective date of Public Act 103-3) this amendatory Act of
11the 103rd General Assembly.
12(Source: P.A. 103-3, eff. 5-31-23; revised 7-27-23.)
 
13    (735 ILCS 30/25-5-107)
14    (Section scheduled to be repealed on June 9, 2026)
15    Sec. 25-5-107 25-5-105. Quick-take; Will County; Cedar
16Road; Francis Road.
17    (a) Quick-take proceedings under Article 20 may be used
18for a period of 2 years after June 9, 2023 (the effective date
19of Public Act 103-10) this amendatory Act of the 103rd General
20Assembly by Will County for the acquisition of the following
21described property for the purpose of road construction:
 
22Route: C.H.4 Cedar Road
23Section: 20-00051-09-CH
24County: Will

 

 

HB4844 Engrossed- 2061 -LRB103 39009 AMC 69146 b

1Parcel No: IL T0001
2Station: 109+23.08 to 110+04.95
3Index No.: 15-08-09-406-002
4THAT PART OF LOT 1 IN WILMSEN'S SUBDIVISION OF LOTS 1 AND 8 OF
5ARTHUR T. MCINTOSH AND COMPANY'S ADDITION TO NEW LENOX, A
6SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF SECTION 9, AND
7PART OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 35
8NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
9ACCORDING TO THE PLAT THEREOF RECORDED JULY 10, 1948 AS
10DOCUMENT NUMBER 642528, IN WILL COUNTY, ILLINOIS, BEARINGS AND
11DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
12EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A COMBINED FACTOR OF
130.9999586959 DESCRIBED AS FOLLOWS:
14BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE SOUTH
1501 DEGREES 30 MINUTES 42 SECONDS EAST ALONG THE EAST LINE OF
16SAID LOT 1, ALSO BEING THE WEST LINE OF CEDAR ROAD, BEING A
17LINE 33.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID
18SOUTHEAST QUARTER, 81.87 FEET; THENCE SOUTH 88 DEGREES 29
19MINUTES 18 SECONDS WEST, 5.00 FEET; THENCE NORTH 01 DEGREES 30
20MINUTES 42 SECONDS WEST ALONG A LINE 5.00 FEET WEST OF AND
21PARALLEL WITH SAID WEST LINE OF CEDAR ROAD, 48.67 FEET; THENCE
22NORTH 46 DEGREES 55 MINUTES 15 SECONDS WEST, 39.62 FEET TO THE
23NORTHERLY LINE OF SAID LOT 1, ALSO BEING THE SOUTHERLY LINE OF
24FRANCIS ROAD AS MONUMENTED AND OCCUPIED; THENCE NORTH 79
25DEGREES 17 MINUTES 03 SECONDS EAST ALONG SAID SOUTHERLY LINE
26OF FRANCIS ROAD, 33.65 FEET TO THE PLACE OF BEGINNING.

 

 

HB4844 Engrossed- 2062 -LRB103 39009 AMC 69146 b

1SAID PARCEL CONTAINING 0.020 ACRES, MORE OR LESS.
 
2Route: C.H. 64 Francis Road
3Section: 20-00051-09-CH
4County: Will
5Parcel No: IL T0001TE-A
6Station: 208+19.76 to 210+13.46
7Index No.:15-08-09-406-001
815-08-09-406-002
9THAT PART OF LOTS 1 AND 2 IN WILMSEN'S SUBDIVISION OF LOTS 1
10AND 8 OF ARTHUR T. MCINTOSH AND COMPANY'S ADDITION TO NEW
11LENOX, A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF
12SECTION 9, AND PART OF THE NORTHEAST QUARTER OF SECTION 16,
13TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL
14MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 10, 1948
15AS DOCUMENT NUMBER 642528, IN WILL COUNTY, ILLINOIS, BEARINGS
16AND DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE
17SYSTEM, EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A COMBINED
18FACTOR OF 0.9999586959, DESCRIBED AS FOLLOWS:
19COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE SOUTH
2079 DEGREES 17 MINUTES 03 SECONDS WEST ALONG THE NORTHERLY LINE
21OF SAID LOT 1, ALSO BEING THE SOUTHERLY LINE OF FRANCIS ROAD AS
22MONUMENTED AND OCCUPIED, 33.65 FEET FOR THE PLACE OF
23BEGINNING; THENCE SOUTH 46 DEGREES 55 MINUTES 15 SECONDS EAST,
246.20 FEET; THENCE SOUTH 79 DEGREES 17 MINUTES 03 SECONDS WEST
25ALONG A LINE 5.00 FEET SOUTH OF AND PARALLEL WITH SAID

 

 

HB4844 Engrossed- 2063 -LRB103 39009 AMC 69146 b

1SOUTHERLY LINE OF FRANCIS ROAD, 71.83 FEET; THENCE SOUTH 10
2DEGREES 42 MINUTES 57 SECONDS EAST, 10.00 FEET; THENCE SOUTH
379 DEGREES 17 MINUTES 03 SECONDS WEST ALONG A LINE 15.00 FEET
4SOUTH OF AND PARALLEL WITH SAID SOUTHERLY LINE OF FRANCIS
5ROAD, 33.19 FEET; THENCE NORTH 10 DEGREES 42 MINUTES 57
6SECONDS WEST, 10.00 FEET; THENCE SOUTH 79 DEGREES 17 MINUTES
703 SECONDS WEST ALONG A LINE 5.00 FEET SOUTH OF AND PARALLEL
8WITH SAID SOUTHERLY LINE OF FRANCIS ROAD, 88.67 FEET TO THE
9WEST LINE OF SAID LOT 2; THENCE NORTH 01 DEGREES 30 MINUTES 42
10SECONDS WEST ALONG SAID WEST LINE OF LOT 2, A DISTANCE OF 5.07
11FEET TO THE NORTHWEST CORNER THEREOF; THENCE NORTH 79 DEGREES
1217 MINUTES 03 SECONDS EAST ALONG SAID SOUTHERLY LINE OF
13FRANCIS ROAD, 189.22 FEET TO THE PLACE OF BEGINNING.
14SAID PARCEL CONTAINING 0.030 ACRES, MORE OR LESS.
15REVISION DATE: 05-26-2022
 
16Route: C.H.4 Cedar Road
17Section: 20-00051-09-CH
18County: Will
19Parcel No: IL T0001TE-B
20Station: 107+04.56 to 109+76.68
21Index No.: 15-08-09-406-002
2215-08-09-406-003
2315-08-09-406-004
24THAT PART OF LOTS 1, 3 AND 4 IN WILMSEN'S SUBDIVISION OF LOTS 1
25AND 8 OF ARTHUR T. MCINTOSH AND COMPANY'S ADDITION TO NEW

 

 

HB4844 Engrossed- 2064 -LRB103 39009 AMC 69146 b

1LENOX, A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF
2SECTION 9, AND PART OF THE NORTHEAST QUARTER OF SECTION 16,
3TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL
4MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 10, 1948
5AS DOCUMENT NUMBER 642528, IN WILL COUNTY, ILLINOIS, BEARINGS
6AND DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE
7SYSTEM, EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A COMBINED
8FACTOR OF 0.9999586959, DESCRIBED AS FOLLOWS:
9COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE SOUTH
1001 DEGREES 30 MINUTES 42 SECONDS EAST ALONG THE EAST LINE OF
11SAID LOT 1, ALSO BEING THE WEST LINE OF CEDAR ROAD, BEING A
12LINE 33.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE
13SOUTHEAST QUARTER OF SAID SECTION 9, A DISTANCE OF 81.87 FEET
14FOR THE PLACE OF BEGINNING; THENCE CONTINUING SOUTH 01 DEGREES
1530 MINUTES 42 SECONDS EAST ALONG SAID WEST LINE OF CEDAR ROAD,
16218.52 FEET TO THE SOUTH LINE OF SAID LOT 4; THENCE SOUTH 88
17DEGREES 55 MINUTES 56 SECONDS WEST ALONG SAID SOUTH LINE,
1810.00 FEET; THENCE NORTH 01 DEGREES 30 MINUTES 42 SECONDS WEST
19ALONG A LINE 10.00 FEET WEST OF AND PARALLEL WITH SAID WEST
20LINE OF CEDAR ROAD, 272.05 FEET; THENCE SOUTH 46 DEGREES 55
21MINUTES 15 SECONDS EAST, 7.02 FEET; THENCE SOUTH 01 DEGREES 30
22MINUTES 42 SECONDS EAST ALONG A LINE 5.00 FEET WEST OF AND
23PARALLEL WITH SAID WEST LINE OF CEDAR ROAD, 48.67 FEET; THENCE
24NORTH 88 DEGREES 29 MINUTES 18 SECONDS EAST, 5.00 FEET TO THE
25PLACE OF BEGINNING.
26SAID PARCEL CONTAINING 0.056 ACRES, MORE OR LESS.
 

 

 

HB4844 Engrossed- 2065 -LRB103 39009 AMC 69146 b

1Route: C.H.4 Cedar Road
2Section: 20-00051-09-CH
3County: Will
4Parcel No: IL T0002
5Station: 110+78.28 to 111+36.28
6Index No.: 15-08-09-402-027
7THAT PART OF LOT 1 IN SHELDON HAUCKS' SUBDIVISION, BEING A
8SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST
9QUARTER OF SECTION 9, TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE
10THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
11RECORDED JULY 30, 1955 AS DOCUMENT NUMBER 778985, IN WILL
12COUNTY, ILLINOIS, BEARINGS AND DISTANCES BASED ON THE ILLINOIS
13STATE PLANE COORDINATE SYSTEM, EAST ZONE, NAD83 (2011
14ADJUSTMENT), WITH A COMBINED FACTOR OF 0.9999586959; DESCRIBED
15AS FOLLOWS:
16BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE SOUTH
1779 DEGREES 17 MINUTES 03 SECONDS WEST ALONG THE SOUTH LINE OF
18SAID LOT 1, ALSO BEING THE NORTHERLY LINE OF FRANCIS ROAD AS
19MONUMENTED AND OCCUPIED, A DISTANCE OF 50.00 FEET; THENCE
20NORTH 38 DEGREES 53 MINUTES 10 SECONDS EAST, 76.16 FEET TO THE
21EAST LINE OF SAID LOT 1, ALSO BEING THE WEST LINE OF CEDAR
22ROAD, BEING A LINE 50 FEET WEST OF AND PARALLEL WITH THE EAST
23LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 9; THENCE SOUTH
2401 DEGREES 30 MINUTES 42 SECONDS EAST ALONG SAID WEST LINE OF
25CEDAR ROAD, 50.00 FEET TO THE PLACE OF BEGINNING.

 

 

HB4844 Engrossed- 2066 -LRB103 39009 AMC 69146 b

1SAID PARCEL CONTAINING 0.028 ACRES, MORE OR LESS.
 
2Route: C.H. 64 Francis Road
3Section: 20-00051-09-CH
4County: Will
5Parcel No: IL T0002TE-A
6Station: 209+19.56 to 210+01.42
7Index No.: 15-08-09-402-027
8THAT PART OF LOT 1 IN SHELDON HAUCKS' SUBDIVISION, BEING A
9SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST
10QUARTER OF SECTION 9, TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE
11THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
12RECORDED JULY 30, 1955 AS DOCUMENT NUMBER 778985, IN WILL
13COUNTY, ILLINOIS, BEARINGS AND DISTANCES BASED ON THE ILLINOIS
14STATE PLANE COORDINATE SYSTEM, EAST ZONE, NAD83 (2011
15ADJUSTMENT), WITH A COMBINED FACTOR OF 0.9999586959; DESCRIBED
16AS FOLLOWS:
17COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE SOUTH
1879 DEGREES 17 MINUTES 03 SECONDS WEST ALONG THE SOUTH LINE OF
19SAID LOT 1, ALSO BEING THE NORTHERLY LINE OF FRANCIS ROAD AS
20MONUMENTED AND OCCUPIED, A DISTANCE OF 50.00 FEET FOR THE
21PLACE OF BEGINNING; THENCE CONTINUING SOUTH 79 DEGREES 17
22MINUTES 03 SECONDS WEST ALONG SAID SOUTH LINE OF LOT 1, A
23DISTANCE OF 70.11 FEET; THENCE NORTH 10 DEGREES 42 MINUTES 57
24SECONDS WEST, 10.00 FEET; THENCE NORTH 79 DEGREES 17 MINUTES
2503 SECONDS EAST ALONG A LINE 10.00 FEET NORTH OF AND PARALLEL

 

 

HB4844 Engrossed- 2067 -LRB103 39009 AMC 69146 b

1WITH SAID SOUTH LINE OF LOT 1, A DISTANCE OF 81.86 FEET; THENCE
2SOUTH 38 DEGREES 53 MINUTES 10 SECONDS WEST, 15.43 FEET TO THE
3PLACE OF BEGINNING.
4SAID PARCEL CONTAINING 0.017 ACRES, MORE OR LESS.
 
5Route: C.H.4 Cedar Road
6Section: 20-00051-09-CH
7County: Will
8Parcel No: IL T0002TE-B
9Station: 111+24.53 to 111+97.97
10Index No.: 15-08-09-402-027
11THAT PART OF LOT 1 IN SHELDON HAUCKS' SUBDIVISION, BEING A
12SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST
13QUARTER OF SECTION 9, TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE
14THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
15RECORDED JULY 30, 1955 AS DOCUMENT NUMBER 778985, IN WILL
16COUNTY, ILLINOIS, BEARINGS AND DISTANCES BASED ON THE ILLINOIS
17STATE PLANE COORDINATE SYSTEM, EAST ZONE, NAD83 (2011
18ADJUSTMENT), WITH A COMBINED FACTOR OF 0.9999586959; DESCRIBED
19AS FOLLOWS:
20COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE NORTH
2101 DEGREES 30 MINUTES 42 SECONDS WEST ALONG THE EAST LINE OF
22SAID LOT 1, ALSO BEING THE WEST LINE OF CEDAR ROAD, BEING A
23LINE 50 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID
24SOUTHEAST QUARTER, A DISTANCE OF 50.00 FEET FOR THE PLACE OF
25BEGINNING; THENCE SOUTH 38 DEGREES 53 MINUTES 10 SECONDS WEST,

 

 

HB4844 Engrossed- 2068 -LRB103 39009 AMC 69146 b

115.43 FEET; THENCE NORTH 01 DEGREES 30 MINUTES 42 SECONDS WEST
2ALONG A LINE 10.00 FEET WEST OF AND PARALLEL WITH SAID WEST
3LINE OF CEDAR ROAD, A DISTANCE OF 73.44 FEET; THENCE NORTH 88
4DEGREES 29 MINUTES 18 SECONDS EAST, 10.00 FEET TO SAID WEST
5LINE OF CEDAR ROAD; THENCE SOUTH 01 DEGREES 30 MINUTES 42
6SECONDS EAST ALONG SAID WEST LINE OF CEDAR ROAD, A DISTANCE OF
761.69 FEET TO THE PLACE OF BEGINNING.
8SAID PARCEL CONTAINING 0.015 ACRES, MORE OR LESS.
 
9Route: C.H.4 Cedar Road
10Section: 20-00051-09-CH
11County: Will
12Parcel No: IL T0003
13Station: 110+82.35 to 111+62.35
14Index No.: 15-08-10-300-040
15THAT PART OF LOT 9 IN ARTHUR T. MCINTOSH AND COMPANY'S NEW
16LENOX ACRES, A SUBDIVISION IN SECTIONS 10 AND 15, TOWNSHIP 35
17NORTH, AND RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
18ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS
19DOCUMENT 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND
20DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
21EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A COMBINED FACTOR OF
220.9999586959 DESCRIBED AS FOLLOWS:
23BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 9; THENCE NORTH
2401 DEGREES 30 MINUTES 42 SECONDS WEST ALONG THE WEST LINE OF
25SAID LOT 9, BEING ALSO THE EAST RIGHT-OF-WAY LINE OF CEDAR

 

 

HB4844 Engrossed- 2069 -LRB103 39009 AMC 69146 b

1ROAD, 80.00 FEET; THENCE SOUTH 26 DEGREES 23 MINUTES 36
2SECONDS EAST, 82.17 FEET TO THE SOUTH LINE OF SAID LOT 9, BEING
3ALSO THE NORTH RIGHT-OF-WAY LINE OF FRANCIS ROAD; THENCE SOUTH
479 DEGREES 30 MINUTES 57 SECONDS WEST ALONG SAID SOUTH LINE OF
5LOT 9, A DISTANCE OF 35.00 FEET TO THE PLACE OF BEGINNING.
6SAID PARCEL CONTAINING 0.032 ACRES, MORE OR LESS.
7REVISION DATE: 05-26-2022
 
8Route: C.H.4 Cedar Road
9Section: 20-00051-09-CH
10County: Will
11Parcel No: IL T0003PE
12Station: 111+51.57 to 114+33.66
13Index No.: 15-08-10-300-040
14THAT PART OF LOTS 8 AND 9, IN ARTHUR T. MCINTOSH AND COMPANY'S
15NEW LENOX ACRES, A SUBDIVISION IN SECTIONS 10 AND 15, TOWNSHIP
1635 NORTH, AND RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
17ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS
18DOCUMENT 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND
19DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
20EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A COMBINED FACTOR OF
210.9999586959 DESCRIBED AS FOLLOWS:
22COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 9; THENCE NORTH
2301 DEGREES 30 MINUTES 42 SECONDS WEST ALONG THE WEST LINE OF
24SAID LOT 9, BEING ALSO THE EAST RIGHT-OF-WAY LINE OF CEDAR
25ROAD, 80.00 FEET FOR THE PLACE OF BEGINNING; THENCE CONTINUING

 

 

HB4844 Engrossed- 2070 -LRB103 39009 AMC 69146 b

1NORTH 01 DEGREES 30 MINUTES 42 SECONDS WEST ALONG SAID WEST
2LINES OF LOT 9 AND LOT 8, A DISTANCE OF 271.27 FEET TO THE
3SOUTH LINE OF THE NORTH 100 FEET OF SAID LOT 8; THENCE NORTH 88
4DEGREES 19 MINUTES 08 SECONDS EAST ALONG SAID SOUTH LINE,
517.00 FEET; THENCE SOUTH 01 DEGREES 30 MINUTES 42 SECONDS
6EAST, 7.00 FEET; THENCE SOUTH 88 DEGREES 19 MINUTES 08 SECONDS
7WEST, 12.00 FEET; THENCE SOUTH 01 DEGREES 30 MINUTES 42
8SECONDS EAST ALONG A LINE 5.00 FEET EAST OF AND PARALLEL WITH
9THE WEST LINE OF SAID LOT 9, A DISTANCE OF 275.06 FEET; THENCE
10NORTH 26 DEGREES 23 MINUTES 36 SECONDS WEST, 11.88 FEET TO THE
11PLACE OF BEGINNING.
12SAID PARCEL CONTAINING 0.034 ACRES, MORE OR LESS.
13REVISION DATE: 05-26-2022
 
14Route: C.H.4 Cedar Road
15Section: 20-00051-09-CH
16County: Will
17Parcel No: IL T0003TE
18Station: 110+87.81 to 114+26.66
19Index No.: 15-08-10-300-040
20THAT PART OF LOTS 8 AND 9, IN ARTHUR T. MCINTOSH AND COMPANY'S
21NEW LENOX ACRES, A SUBDIVISION IN SECTIONS 10 AND 15, TOWNSHIP
2235 NORTH, AND RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
23ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS
24DOCUMENT 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND
25DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,

 

 

HB4844 Engrossed- 2071 -LRB103 39009 AMC 69146 b

1EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A COMBINED FACTOR OF
20.9999586959 DESCRIBED AS FOLLOWS:
3COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 9; THENCE NORTH
401 DEGREES 30 MINUTES 42 SECONDS WEST ALONG THE WEST LINE OF
5SAID LOT 9, BEING ALSO THE EAST RIGHT-OF-WAY LINE OF CEDAR
6ROAD, 80.00 FEET; THENCE SOUTH 26 DEGREES 23 MINUTES 36
7SECONDS EAST, 11.88 FEET FOR THE PLACE OF BEGINNING; THENCE
8NORTH 01 DEGREES 30 MINUTES 42 SECONDS WEST ALONG A LINE 5.00
9FEET EAST OF AND PARALLEL WITH SAID WEST LINES OF LOT 9 AND LOT
108, A DISTANCE OF 275.06 FEET; THENCE NORTH 88 DEGREES 19
11MINUTES 08 SECONDS EAST, 12.00 FEET; THENCE SOUTH 01 DEGREES
1230 MINUTES 42 SECONDS EAST ALONG A LINE 17.00 FEET EAST OF AND
13PARALLEL WITH THE WEST LINE OF SAID LOT 9, A DISTANCE OF 257.47
14FEET; THENCE SOUTH 26 DEGREES 23 MINUTES 36 SECONDS EAST,
1576.04 FEET; THENCE NORTH 79 DEGREES 30 MINUTES 57 SECONDS EAST
16ALONG A LINE 10.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH
17LINE OF SAID LOT 9, BEING ALSO THE NORTH RIGHT-OF-WAY LINE OF
18FRANCIS ROAD, 198.02 FEET; THENCE SOUTH 02 DEGREE 14 MINUTES
1914 SECONDS EAST, 10.10 FEET TO SAID SOUTH LINE OF LOT 9; THENCE
20SOUTH 79 DEGREES 30 MINUTES 57 SECONDS WEST ALONG SAID SOUTH
21LINE OF LOT 9, A DISTANCE OF 212.75 FEET; THENCE NORTH 26
22DEGREES 23 MINUTES 36 SECONDS WEST, 70.28 FEET TO THE PLACE OF
23BEGINNING.
24SAID PARCEL CONTAINING 0.151 ACRES, MORE OR LESS.
25REVISION DATE: 05-26-2022
 

 

 

HB4844 Engrossed- 2072 -LRB103 39009 AMC 69146 b

1Route: C.H. 64 Francis Road
2Section: 20-00051-09-CH
3County: Will
4Parcel No: IL T0004
5Station: 213+68.59 to 214+69.31
6Index No.: 15-08-10-300-037
7THE SOUTH 5.00 FEET OF THAT PART OF LOT 9 IN ARTHUR T. MCINTOSH
8AND COMPANY'S NEW LENOX ACRES, A SUBDIVISION IN SECTIONS 10
9AND 15, TOWNSHIP 35 NORTH, AND RANGE 11 EAST OF THE THIRD
10PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED
11JULY 16, 1927 AS DOCUMENT 408969, IN WILL COUNTY, ILLINOIS,
12BEARINGS AND DISTANCES BASED ON THE ILLINOIS STATE PLANE
13COORDINATE SYSTEM, EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A
14COMBINED FACTOR OF 0.9999586959 DESCRIBED AS FOLLOWS:
15COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID LOT 9 AND
16RUNNING SOUTHWESTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 9,
17311.53 FEET TO THE POINT OF BEGINNING; THENCE NORTH 175 FEET,
18THENCE SOUTHWESTERLY ON A LINE PARALLEL WITH THE SOUTHERLY
19LINE OF SAID LOT 9, 100 FEET, THENCE SOUTH 175 FEET TO THE
20SOUTHERLY LINE OF SAID LOT 9, THENCE NORTHEASTERLY ALONG THE
21SOUTHERLY LINE OF SAID LOT 9, 100 FEET TO THE POINT OF
22BEGINNING.
23SAID PARCEL CONTAINING 0.011 ACRES, MORE OR LESS.
24REVISION DATE: 05-26-2022
 
25Route: C.H. 64 Francis Road

 

 

HB4844 Engrossed- 2073 -LRB103 39009 AMC 69146 b

1Section: 20-00051-09-CH
2County: Will
3Parcel No: IL T0005
4Station: 214+68.59 to 215+00.84
5Index No.: 15-08-10-300-047
6THE SOUTHERLY 5 FEET (MEASURING 31.53 FEET) OF LOT 9 OF THAT
7PART OF LOTS 8 AND 9 IN ARTHUR T. MCINTOSH AND COMPANY'S NEW
8LENOX ACRES, A SUBDIVISION IN SECTIONS 10 AND 15, TOWNSHIP 35
9NORTH, AND RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
10ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS
11DOCUMENT 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND
12DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
13EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A COMBINED FACTOR OF
140.9999586959 DESCRIBED AS FOLLOWS:
15BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 8; THENCE SOUTH
16ALONG THE EAST LINE OF SAID LOTS 8 AND 9 TO A POINT 175 FEET
17NORTH OF THE SOUTHEAST CORNER OF SAID LOT 9; THENCE
18SOUTHWESTERLY 280 FEET PARALLEL WITH THE SOUTHWESTERLY LINE OF
19SAID LOT 9; THENCE SOUTH 175 FEET PARALLEL WITH SAID EAST LINE
20TO THE SOUTHERLY LINE OF SAID LOT 9; THENCE SOUTHWESTERLY
2131.53 FEET ALONG SAID SOUTHERLY LINE; THENCE NORTH 175 FEET
22PARALLEL WITH SAID EAST LINE; THENCE SOUTHWESTERLY 100 FEET
23PARALLEL WITH SAID SOUTHERLY LINE; THENCE NORTH PARALLEL WITH
24SAID EAST LINE TO A POINT 100 FEET SOUTH OF THE NORTH LINE OF
25SAID LOT 8; THENCE WEST PARALLEL WITH SAID NORTH LINE TO A
26POINT 175 FEET EAST OF THE WEST LINE OF SAID LOT 8; THENCE

 

 

HB4844 Engrossed- 2074 -LRB103 39009 AMC 69146 b

1NORTH 100 FEET PARALLEL WITH SAID WEST LINE TO THE NORTH LINE
2OF SAID LOT 8; THENCE EAST ALONG SAID NORTH LINE TO THE POINT
3OF BEGINNING, IN WILL COUNTY, ILLINOIS.
4SAID PARCEL CONTAINING 0.004 ACRES (158 SQUARE FEET), MORE OR
5LESS.
 
6Route: C.H. 64 Francis Road
7Section: 20-00051-09-CH
8County: Will
9Parcel No: IL T0005TE
10Station: 214+69.31 to 215+02.29
11Index No.: 15-08-10-300-047
12THE NORTHERLY 10 FEET OF THE SOUTHERLY 15 FEET (MEASURING
1331.53 FEET) OF LOT 9 OF THAT PART OF LOTS 8 AND 9 IN ARTHUR T.
14MCINTOSH AND COMPANY'S NEW LENOX ACRES, A SUBDIVISION IN
15SECTIONS 10 AND 15, TOWNSHIP 35 NORTH, AND RANGE 11 EAST OF THE
16THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
17RECORDED JULY 16, 1927 AS DOCUMENT 408969, IN WILL COUNTY,
18ILLINOIS, BEARINGS AND DISTANCES BASED ON THE ILLINOIS STATE
19PLANE COORDINATE SYSTEM, EAST ZONE, NAD83 (2011 ADJUSTMENT)
20WITH A COMBINED FACTOR OF 0.9999586959 DESCRIBED AS FOLLOWS:
21BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 8; THENCE SOUTH
22ALONG THE EAST LINE OF SAID LOTS 8 AND 9 TO A POINT 175 FEET
23NORTH OF THE SOUTHEAST CORNER OF SAID LOT 9; THENCE
24SOUTHWESTERLY 280 FEET PARALLEL WITH THE SOUTHWESTERLY LINE OF
25SAID LOT 9; THENCE SOUTH 175 FEET PARALLEL WITH SAID EAST LINE

 

 

HB4844 Engrossed- 2075 -LRB103 39009 AMC 69146 b

1TO THE SOUTHERLY LINE OF SAID LOT 9; THENCE SOUTHWESTERLY
231.53 FEET ALONG SAID SOUTHERLY LINE; THENCE NORTH 175 FEET
3PARALLEL WITH SAID EAST LINE; THENCE SOUTHWESTERLY 100 FEET
4PARALLEL WITH SAID SOUTHERLY LINE; THENCE NORTH PARALLEL WITH
5SAID EAST LINE TO A POINT 100 FEET SOUTH OF THE NORTH LINE OF
6SAID LOT 8; THENCE WEST PARALLEL WITH SAID NORTH LINE TO A
7POINT 175 FEET EAST OF THE WEST LINE OF SAID LOT 8; THENCE
8NORTH 100 FEET PARALLEL WITH SAID WEST LINE TO THE NORTH LINE
9OF SAID LOT 8; THENCE EAST ALONG SAID NORTH LINE TO THE POINT
10OF BEGINNING, IN WILL COUNTY, ILLINOIS.
11SAID PARCEL CONTAINING 0.007 ACRES (315 SQUARE FEET), MORE OR
12LESS.
13REVISION DATE: 06-30-2022
 
14Route: C.H. 64 Francis Road
15Section: 20-00051-09-CH
16County: Will
17Parcel No: IL T0006
18Station: 215+80.12 to 216+71.09
19Index No.: 15-08-10-300-014
20THE SOUTH 5.00 FEET OF THAT PART OF LOT 9 IN ARTHUR T. MCINTOSH
21AND COMPANY'S NEW LENOX ACRES, A SUBDIVISION IN SECTIONS 10
22AND 15, TOWNSHIP 35 NORTH, AND RANGE 11 EAST OF THE THIRD
23PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED
24JULY 16, 1927 AS DOCUMENT 408969, IN WILL COUNTY, ILLINOIS,
25BEARINGS AND DISTANCES BASED ON THE ILLINOIS STATE PLANE

 

 

HB4844 Engrossed- 2076 -LRB103 39009 AMC 69146 b

1COORDINATE SYSTEM, EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A
2COMBINED FACTOR OF 0.9999586959 DESCRIBED AS FOLLOWS:
3BEGINNING 110 FEET WESTERLY OF THE SOUTHEAST CORNER OF LOT 9 ON
4THE SOUTHERLY LINE OF SAID LOT 9; THENCE CONTINUING WESTERLY
5ALONG SAID SOUTHERLY LINE 90 FEET; THENCE NORTH 175 FEET TO A
6POINT; THENCE EASTERLY ALONG A LINE PARALLEL TO SAID SOUTHERLY
7LINE 90 FEET; THENCE SOUTH 175 FEET TO THE POINT OF BEGINNING.
8SAID PARCEL CONTAINING 0.010 ACRES (451 SQUARE FEET), MORE OR
9LESS.
10REVISION DATE: 06-30-2022
 
11Route: C.H. 64 Francis Road
12Section: 20-00051-09-CH
13County: Will
14Parcel No: IL T0006TE
15Station: 215+80.84 to 216+15.15
16Index No.: 15-08-10-300-014
17THAT PART OF LOT 9 IN ARTHUR T. MCINTOSH AND COMPANY'S NEW
18LENOX ACRES, A SUBDIVISION IN SECTIONS 10 AND 15, TOWNSHIP 35
19NORTH, AND RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
20ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS
21DOCUMENT 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND
22DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
23EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A COMBINED FACTOR OF
240.9999586959 DESCRIBED AS FOLLOWS:
25COMMENCING 200 FEET WESTERLY OF THE SOUTHEAST CORNER OF SAID

 

 

HB4844 Engrossed- 2077 -LRB103 39009 AMC 69146 b

1LOT 9 ON THE SOUTHERLY LINE OF SAID LOT 9, SAID SOUTHERLY LINE
2BEARING SOUTH 79 DEGREES 30 MINUTES 57 SECONDS EAST; THENCE
3NORTH 02 DEGREES 14 MINUTES 14 SECONDS WEST, 5.05 FEET FOR THE
4PLACE OF BEGINNING; THENCE CONTINUING NORTH 02 DEGREES 14
5MINUTES 14 SECONDS WEST, 10.10 FEET; THENCE NORTH 79 DEGREES
630 MINUTES 57 SECONDS EAST ALONG A LINE 15.00 FEET NORTH OF AND
7PARALLEL WITH SAID SOUTHERLY LINE OF LOT 9, A DISTANCE OF 32.85
8FEET; THENCE SOUTH 10 DEGREES 29 MINUTES 03 SECONDS EAST,
910.00 FEET; THENCE SOUTH 79 DEGREES 30 MINUTES 57 SECONDS EAST
10ALONG A LINE 5.00 FEET NORTH OF AND PARALLEL WITH SAID
11SOUTHERLY LINE OF LOT 9, A DISTANCE OF 34.30 FEET TO THE PLACE
12OF BEGINNING.
13SAID PARCEL CONTAINING 0.008 ACRES (336 SQUARE FEET), MORE OR
14LESS.
 
15Route: C.H. 64 Francis Road
16Section: 20-00051-09-CH
17County: Will
18Parcel No: IL T0007
19Station: 216+70.37 to 217+81.42
20Index No.: 15-08-10-300-038
21THE SOUTH 5.00 FEET OF THAT PART OF LOT 9 IN ARTHUR T. MCINTOSH
22AND COMPANY'S NEW LENOX ACRES, A SUBDIVISION IN SECTIONS 10
23AND 15, TOWNSHIP 35 NORTH, AND RANGE 11 EAST OF THE THIRD
24PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED
25JULY 16, 1927 AS DOCUMENT 408969, IN WILL COUNTY, ILLINOIS,

 

 

HB4844 Engrossed- 2078 -LRB103 39009 AMC 69146 b

1BEARINGS AND DISTANCES BASED ON THE ILLINOIS STATE PLANE
2COORDINATE SYSTEM, EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A
3COMBINED FACTOR OF 0.9999586959 DESCRIBED AS FOLLOWS:
4COMMENCING AT THE SOUTHEAST CORNER OF LOT 9; THENCE NORTH
5ALONG THE EAST LINE OF SAID LOT 9, A DISTANCE OF 175 FEET;
6THENCE WESTERLY 110 FEET ON A LINE PARALLEL WITH THE SOUTH LINE
7OF LOT 9 TO A POINT; THENCE SOUTH 175 FEET TO A POINT ON THE
8SOUTHERLY LINE OF SAID LOT 9 THAT IS 110 FEET WESTERLY OF THE
9SOUTHEAST CORNER OF SAID LOT 9; THENCE EASTERLY 110 FEET TO THE
10POINT OF BEGINNING.
11SAID PARCEL CONTAINING 0.013 ACRES, MORE OR LESS.
12REVISION DATE: 06-30-2022
 
13Route: C.H.64 Francis Road
14Section: 20-00051-09-CH
15County: Will
16Parcel No: IL T0008
17Station: 217+80.66 to 218+48.30
18Index No.: 15-08-10-300-044
19THAT PART OF LOT 32 IN ARTHUR T. MCINTOSH AND COMPANY'S NEW
20LENOX ACRES, A SUBDIVISION IN SECTIONS 10 AND 15, TOWNSHIP 35
21NORTH, AND RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
22ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS
23DOCUMENT 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND
24DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
25EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A COMBINED FACTOR OF

 

 

HB4844 Engrossed- 2079 -LRB103 39009 AMC 69146 b

10.9999586959 DESCRIBED AS FOLLOWS:
2BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 32; THENCE NORTH
301 DEGREES 30 MINUTES 42 SECONDS WEST ALONG THE WEST LINE OF
4SAID LOT 32, A DISTANCE OF 5.06 FEET; THENCE NORTH 79 DEGREES
530 MINUTES 57 SECONDS EAST ALONG A LINE 5.00 FEET NORTH OF AND
6PARALLEL WITH THE SOUTH LINE OF SAID LOT 32, A DISTANCE OF
766.85 FEET; THENCE SOUTH 01 DEGREES 34 MINUTES 09 SECONDS
8EAST, 5.06 FEET TO THE SOUTH LINE OF SAID LOT 32; THENCE SOUTH
979 DEGREES 30 MINUTES 57 SECONDS WEST ALONG SAID SOUTH LINE OF
10LOT 32, ALSO BEING THE NORTH RIGHT-OF-WAY LINE OF FRANCIS
11ROAD, 66.85 FEET TO THE PLACE OF BEGINNING.
12SAID PARCEL CONTAINING 0.008 ACRES (334 SQUARE FEET), MORE OR
13LESS.
14REVISION DATE: 05-26-2022
 
15Route: C.H.64 Francis Road
16Section: 20-00051-09-CH
17County: Will
18Parcel No: IL T0009
19Station: 218+47.52 to 218+96.30
20Index No.: 15-08-10-300-022
21THE SOUTH 5.00 FEET OF THAT PART OF LOT 32 IN ARTHUR T.
22MCINTOSH AND COMPANY'S NEW LENOX ACRES, A SUBDIVISION IN
23SECTIONS 10 AND 15, TOWNSHIP 35 NORTH, AND RANGE 11 EAST OF THE
24THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
25RECORDED JULY 16, 1927 AS DOCUMENT 408969, IN WILL COUNTY,

 

 

HB4844 Engrossed- 2080 -LRB103 39009 AMC 69146 b

1ILLINOIS, BEARINGS AND DISTANCES BASED ON THE ILLINOIS STATE
2PLANE COORDINATE SYSTEM, EAST ZONE, NAD83 (2011 ADJUSTMENT)
3WITH A COMBINED FACTOR OF 0.9999586959 DESCRIBED AS FOLLOWS:
4THE WEST 112.25 FEET, EXCEPT THE NORTH 300 FEET AND EXCEPT THE
5WEST 62.25 FEET THEREOF, OF SAID LOT 32.
6SAID PARCEL CONTAINING 0.006 ACRES (240 SQUARE FEET), MORE OR
7LESS.
8REVISION DATE: 05-26-2022
 
9Route: C.H.4 Cedar Road
10Section: 20-00051-09-CH
11County: Will
12Parcel No: IL T0010
13Station: 123+28.62 to 126+13.30
14Index No.: 15-08-10-300-060
15THAT PART OF LOTS 1 AND 2 IN ARTHUR T. MCINTOSH'S NEW LENOX
16ACRES, BEING A SUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION
1710 AND PART OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 35
18NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
19ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS
20DOCUMENT NUMBER 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND
21DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
22EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF
230.9999586959, DESCRIBED AS FOLLOWS:
24BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE NORTH
2588 DEGREES 19 MINUTES 08 SECONDS EAST ALONG THE NORTH LINE OF

 

 

HB4844 Engrossed- 2081 -LRB103 39009 AMC 69146 b

1SAID LOT 1, ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF LENOX
2STREET, A DISTANCE OF 50.00 FEET; THENCE SOUTH 43 DEGREES 24
3MINUTES 13 SECONDS WEST, 46.74 FEET; THENCE SOUTH 01 DEGREES
430 MINUTES 42 SECONDS EAST ALONG A LINE 17.00 FEET EAST OF AND
5PARALLEL WITH THE WEST LINES OF SAID LOTS 1 AND 2, ALSO BEING
6THE EAST RIGHT-OF-WAY LINE OF CEDAR ROAD, A DISTANCE OF 251.69
7FEET TO THE SOUTH LINE OF LOT 2; THENCE SOUTH 88 DEGREES 19
8MINUTES 08 SECONDS WEST ALONG SAID SOUTH LINE, 17.00 FEET TO
9THE SOUTHWEST CORNER OF SAID LOT 2; THENCE NORTH 01 DEGREES 30
10MINUTES 42 SECONDS WEST ALONG SAID WEST LINES OF LOTS 1 AND 2,
11ALSO BEING SAID RIGHT-OF-WAY LINE, 284.69 FEET TO THE PLACE OF
12BEGINNING.
13SAID PARCEL CONTAINING 0.124 ACRES, MORE OR LESS.
14REVISION DATE: 05-26-2022
 
15Route: C.H.4 Cedar Road
16Section: 20-00051-09-CH
17County: Will
18Parcel No: IL T0012
19Station: 123+15.53 to 126+46.31
20Index No.: 15-08-09-400-002
21THAT PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
22SECTION 9, TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD
23PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS, BEARINGS AND
24DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
25EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF

 

 

HB4844 Engrossed- 2082 -LRB103 39009 AMC 69146 b

10.9999586959; DESCRIBED AS FOLLOWS:
2BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF
3SECTION 9; THENCE SOUTH 01 DEGREES 30 MINUTES 42 SECONDS EAST
4ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER, 330.77 FEET TO
5THE SOUTH LINE OF THE NORTH HALF OF THE NORTH HALF OF THE
6NORTHEAST QUARTER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 88
7DEGREES 39 MINUTES 31 SECONDS WEST ALONG SAID SOUTH LINE OF THE
8NORTH HALF OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE
9SOUTHEAST QUARTER, 55.00 FEET; THENCE NORTH 01 DEGREES 30
10MINUTES 42 SECONDS WEST ALONG A LINE 55.00 FEET WEST OF AND
11PARALLEL WITH THE EAST LINE OF SAID SOUTHEAST QUARTER, 165.39
12FEET; THENCE NORTH 88 DEGREES 39 MINUTES 31 SECONDS EAST
13PARALLEL WITH SAID SOUTH LINE OF THE NORTH HALF OF THE NORTH
14HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, 22.00
15FEET; THENCE NORTH 01 DEGREES 30 MINUTES 42 SECONDS WEST ALONG
16A LINE 33.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF
17SAID SOUTHEAST QUARTER, 165.37 FEET TO THE NORTH LINE OF SAID
18SOUTHEAST QUARTER; THENCE NORTH 88 DEGREES 37 MINUTES 32
19SECONDS EAST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER,
2033.00 FEET TO THE PLACE OF BEGINNING, IN WILL COUNTY,
21ILLINOIS.
22SAID PARCEL CONTAINING 0.333 ACRES, MORE OR LESS, OF WHICH
230.250 ACRES, MORE OR LESS, WAS PREVIOUSLY USED FOR ROADWAY
24PURPOSES.
25REVISION DATE: 05-26-2022
26REVISION DATE: 06-30-2022
 

 

 

HB4844 Engrossed- 2083 -LRB103 39009 AMC 69146 b

1Route: C.H.4 Cedar Road
2Section: 20-00051-09-CH
3County: Will
4Parcel No: IL T0012TE
5Station: 124+80.92 to 126+46.32
6Index No.: 15-08-09-400-002
7THAT PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
8SECTION 9, TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD
9PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS, BEARINGS AND
10DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
11EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF
120.9999586959; DESCRIBED AS FOLLOWS:
13THE WEST 5.00 FEET OF THE EAST 38.00 FEET OF THE NORTH HALF OF
14THE NORTH HALF OF SAID NORTHEAST QUARTER OF THE SOUTHEAST
15QUARTER (EXCEPT THE SOUTH 165.39 FEET THEREOF), IN WILL
16COUNTY, ILLINOIS.
17SAID PARCEL CONTAINING 0.019 ACRES, MORE OR LESS.
 
18Route: C.H.4 Cedar Road
19Section: 20-00051-09-CH
20County: Will
21Parcel No: IL T0013TE
22Station: 122+32.87 to 123+15.61
23Index No.: 15-08-09-400-003
24THAT PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF

 

 

HB4844 Engrossed- 2084 -LRB103 39009 AMC 69146 b

1SECTION 9, TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD
2PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS, BEARINGS AND
3DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
4EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF
50.9999586959; DESCRIBED AS FOLLOWS:
6THE WEST 10.00 FEET OF THE EAST 43.00 FEET OF THE NORTH QUARTER
7OF THE SOUTH HALF OF THE NORTH HALF OF SAID NORTHEAST QUARTER
8OF THE SOUTHEAST QUARTER, IN WILL COUNTY, ILLINOIS.
9SAID PARCEL CONTAINING 0.019 ACRES, MORE OR LESS.
 
10Route: C.H.4 Cedar Road
11Section: 20-00051-09-CH
12County: Will
13Parcel No: IL T0014TE
14Station: 121+69.62 to 123+28.62
15Index No.: 15-08-10-300-061
16THE WEST 5.00 FEET OF LOT 3 IN ARTHUR T. MCINTOSH'S NEW LENOX
17ACRES, BEING A SUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION
1810 AND PART OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 35
19NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
20ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS
21DOCUMENT NUMBER 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND
22DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
23EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF
240.9999586959.
25SAID PARCEL CONTAINING 0.018 ACRES, MORE OR LESS.

 

 

HB4844 Engrossed- 2085 -LRB103 39009 AMC 69146 b

1REVISION DATE: 05-26-2022
 
2Route: C.H.4 Cedar Road
3Section: 20-00051-09-CH
4County: Will
5Parcel No: IL T0015TE
6Station: 121+50.19 to 122+32.94
7Index No.: 15-08-09-400-004
8THAT PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
9SECTION 9, TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD
10PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS, BEARINGS AND
11DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
12EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF
130.9999586959; DESCRIBED AS FOLLOWS:
14THE NORTH 31.00 FEET OF THE WEST 25.00 FEET OF THE EAST 58.00
15FEET TOGETHER WITH THE WEST 5.00 FEET OF THE EAST 38.00 FEET
16(EXCEPT THE NORTH 31.00 FEET THEREOF) OF THE SOUTH HALF OF THE
17NORTH HALF OF THE SOUTH HALF OF THE NORTH HALF OF SAID
18NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, IN WILL COUNTY,
19ILLINOIS.
20SAID PARCEL CONTAINING 0.024 ACRES, MORE OR LESS.
 
21Route: C.H.4 Cedar Road
22Section: 20-00051-09-CH
23County: Will
24Parcel No: IL T0016TE

 

 

HB4844 Engrossed- 2086 -LRB103 39009 AMC 69146 b

1Station: 120+10.63 to 121+69.62
2Index No.: 15-08-10-300-058
3THE WEST 5.00 FEET OF LOT 4 IN ARTHUR T. MCINTOSH'S NEW LENOX
4ACRES, BEING A SUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION
510 AND PART OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 35
6NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
7ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS
8DOCUMENT NUMBER 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND
9DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
10EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF
110.9999586959.
12SAID PARCEL CONTAINING 0.018 ACRES, MORE OR LESS.
13REVISION DATE: 05-26-2022
 
14Route: C.H.4 Cedar Road
15Section: 20-00051-09-CH
16County: Will
17Parcel No: IL T0017TE
18Station: 118+51.61 to 120+10.61
19Index No.: 15-08-10-300-057
2015-08-10-300-006
21THE WEST 5.00 FEET OF LOT 5 IN ARTHUR T. MCINTOSH'S NEW LENOX
22ACRES, BEING A SUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION
2310 AND PART OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 35
24NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
25ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS

 

 

HB4844 Engrossed- 2087 -LRB103 39009 AMC 69146 b

1DOCUMENT NUMBER 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND
2DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
3EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF
40.9999586959.
5SAID PARCEL CONTAINING 0.018 ACRES, MORE OR LESS.
 
6Route: C.H.4 Cedar Road
7Section: 20-00051-09-CH
8County: Will
9Parcel No: IL T0018TE
10Station: 116+92.61 to 118+51.63
11Index No.: 15-08-10-300-007
12THE WEST 5.00 FEET OF LOT 6 IN ARTHUR T. MCINTOSH'S NEW LENOX
13ACRES, BEING A SUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION
1410 AND PART OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 35
15NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
16ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS
17DOCUMENT NUMBER 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND
18DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
19EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF
200.9999586959
21SAID PARCEL CONTAINING 0.018 ACRES, MORE OR LESS.
 
22Route: C.H.4 Cedar Road
23Section: 20-00051-09-CH
24County: Will

 

 

HB4844 Engrossed- 2088 -LRB103 39009 AMC 69146 b

1Parcel No: IL T0019TE
2Station: 118+89.42 to 119+84.84
3Index No.: 15-08-09-400-013
4THAT PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
5SECTION 9, TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD
6PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS, BEARINGS AND
7DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
8EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF
90.9999586959; DESCRIBED AS FOLLOWS:
10THE NORTH 44.00 FEET OF THE WEST 20.00 FEET OF THE EAST 53.00
11FEET TOGETHER WITH THE WEST 7.00 FEET OF THE EAST 40.00 FEET
12(EXCEPT THE NORTH 44.00 FEET THEREOF) OF THE NORTH HALF OF THE
13NORTH HALF OF THE SOUTH HALF OF SAID NORTHEAST QUARTER OF THE
14SOUTHEAST QUARTER, IN WILL COUNTY, ILLINOIS.
15SAID PARCEL CONTAINING 0.028 ACRES, MORE OR LESS.
 
16Route: C.H.4 Cedar Road
17Section: 20-00051-09-CH
18County: Will
19Parcel No: IL T0020TE
20Station: 116+54.05 to 118+89.42
21Index No.: 15-08-09-400-010
2215-08-09-400-011
23THAT PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
24SECTION 9, TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD
25PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS, BEARINGS AND

 

 

HB4844 Engrossed- 2089 -LRB103 39009 AMC 69146 b

1DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
2EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF
30.9999586959; DESCRIBED AS FOLLOWS:
4THE WEST 7.00 FEET OF THE EAST 40.00 FEET OF THE SOUTH HALF OF
5THE NORTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF
6THE SOUTHEAST QUARTER OF SAID SECTION 9; TOGETHER WITH THE
7WEST 7.00 FEET OF THE EAST 40.00 FEET OF THE SOUTH 70 FEET OF
8THE NORTH HALF OF THE NORTH HALF OF THE SOUTH HALF OF THE
9NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 9,
10ALL IN TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL
11MERIDIAN, IN WILL COUNTY, ILLINOIS.
12SAID PARCEL CONTAINING 0.038 ACRES, MORE OR LESS.
 
13Route: C.H.4 Cedar Road
14Section: 20-00051-09-CH
15County: Will
16Parcel No: IL T0021PE
17Station: 114+33.61 to 114+36.66
18Index No.: 15-08-10-300-011
19THE SOUTH 3 FEET OF THE WEST 17 FEET OF THE NORTH 100 FEET OF
20THE WEST 175 FEET OF LOT 8, IN ARTHUR T. MCINTOSH'S NEW LENOX
21ACRES, BEING A SUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION
2210 AND PART OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 35
23NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
24ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS
25DOCUMENT NUMBER 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND

 

 

HB4844 Engrossed- 2090 -LRB103 39009 AMC 69146 b

1DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
2EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF
30.9999586959
4SAID PARCEL CONTAINING 0.001 ACRES (51 SQUARE FEET), MORE OR
5LESS.
6REVISION DATE: 05-26-2022
 
7Route: C.H.4 Cedar Road
8Section: 20-00051-09-CH
9County: Will
10Parcel No: IL T0021TE
11Station: 114+36.61 to 115+33.63
12Index No.: 15-08-10-300-011
13THE WEST 5.00 FEET OF THE NORTH 97 FEET OF THE WEST 175 FEET OF
14LOT 8, IN ARTHUR T. MCINTOSH'S NEW LENOX ACRES, BEING A
15SUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION 10 AND PART OF
16THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 35 NORTH, RANGE
1711 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT
18THEREOF RECORDED JULY 16, 1927 AS DOCUMENT NUMBER 408969, IN
19WILL COUNTY, ILLINOIS, BEARINGS AND DISTANCES BASED ON THE
20ILLINOIS STATE PLANE COORDINATE SYSTEM, EAST ZONE, NAD83 (2011
21ADJUSTMENT), WITH A COMBINED FACTOR OF 0.9999586959
22SAID PARCEL CONTAINING 0.011 ACRES, MORE OR LESS.
 
23Route: C.H. 64 Francis Road
24Section: 20-00051-09-CH

 

 

HB4844 Engrossed- 2091 -LRB103 39009 AMC 69146 b

1County: Will
2Parcel No: IL T0022TE
3Station: 202+31.49 to 203+55.08
4Index No.: 15-08-09-405-002
5THE NORTHERLY 5.00 FEET OF LOT 14 IN WILMSEN'S SUBDIVISION OF
6LOTS 1 AND 8 OF ARTHUR T. MCINTOSH AND COMPANY'S ADDITION TO
7NEW LENOX, A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF
8SECTION 9, AND PART OF THE NORTHEAST QUARTER OF SECTION 16,
9TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL
10MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 10, 1948
11AS DOCUMENT NUMBER 642528, IN WILL COUNTY, ILLINOIS.
12SAID PARCEL CONTAINING 0.014 ACRES, MORE OR LESS.
 
13Route: C.H. 64 Francis Road
14Section: 20-00051-09-CH
15County: Will
16Parcel No: IL T0023TE
17Station: 203+54.27 to 204+77.86
18Index No.: 15-08-09-405-003
19THE NORTHERLY 10.00 FEET OF LOT 12 IN WILMSEN'S SUBDIVISION OF
20LOTS 1 AND 8 OF ARTHUR T. MCINTOSH AND COMPANY'S ADDITION TO
21NEW LENOX, A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF
22SECTION 9, AND PART OF THE NORTHEAST QUARTER OF SECTION 16,
23TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL
24MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 10, 1948
25AS DOCUMENT NUMBER 642528, IN WILL COUNTY, ILLINOIS.

 

 

HB4844 Engrossed- 2092 -LRB103 39009 AMC 69146 b

1SAID PARCEL CONTAINING 0.028 ACRES, MORE OR LESS.
 
2Route: C.H. 64 Francis Road
3Section: 20-00051-09-CH
4County: Will
5Parcel No: IL T0024TE
6Station: 204+77.86 to 206+00.14
7Index No.: 15-08-09-405-004
8THE NORTHERLY 10.00 FEET OF LOT 10 IN WILMSEN'S SUBDIVISION OF
9LOTS 1 AND 8 OF ARTHUR T. MCINTOSH AND COMPANY'S ADDITION TO
10NEW LENOX, A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF
11SECTION 9, AND PART OF THE NORTHEAST QUARTER OF SECTION 16,
12TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL
13MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 10, 1948
14AS DOCUMENT NUMBER 642528, IN WILL COUNTY, ILLINOIS.
15SAID PARCEL CONTAINING 0.028 ACRES, MORE OR LESS.
 
16Route: C.H. 64 Francis Road
17Section: 20-00051-09-CH
18County: Will
19Parcel No: IL T0025TE
20Station: 206+00.14 to 207+53.71
21Index No.: 15-08-09-405-009
22THAT PART OF LOT 9 IN WILMSEN'S SUBDIVISION OF LOTS 1 AND 8 OF
23ARTHUR T. MCINTOSH AND COMPANY'S ADDITION TO NEW LENOX, A
24SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF SECTION 9, AND

 

 

HB4844 Engrossed- 2093 -LRB103 39009 AMC 69146 b

1PART OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 35
2NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
3ACCORDING TO THE PLAT THEREOF RECORDED JULY 10, 1948 AS
4DOCUMENT NUMBER 642528, IN WILL COUNTY, ILLINOIS, BEARINGS AND
5DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
6EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF
70.9999586959; DESCRIBED AS FOLLOWS:
8BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 9; THENCE SOUTH
901 DEGREES 30 MINUTES 42 SECONDS EAST ALONG THE EAST LINE OF
10SAID LOT 9, A DISTANCE OF 10.13 FEET; THENCE SOUTH 79 DEGREES
1117 MINUTES 03 SECONDS WEST ALONG A LINE 10.00 FEET SOUTH OF AND
12PARALLEL WITH THE NORTHERLY LINE OF SAID LOT 9, ALSO BEING THE
13SOUTHERLY LINE OF FRANCIS ROAD, 64.43 FEET; THENCE SOUTH 10
14DEGREES 42 MINUTES 57 SECONDS EAST, 5.00 FEET; THENCE SOUTH 79
15DEGREES 17 MINUTES 03 SECONDS WEST ALONG A LINE 15.00 FEET
16SOUTH OF AND PARALLEL WITH THE SAID SOUTHERLY LINE OF FRANCIS
17ROAD, 25.00 FEET; THENCE NORTH 10 DEGREES 42 MINUTES 57
18SECONDS WEST, 5.00 FEET; THENCE SOUTH 79 DEGREES 17 MINUTES 03
19SECONDS WEST ALONG A LINE 10.00 FEET SOUTH OF AND PARALLEL WITH
20THE SAID SOUTHERLY LINE OF FRANCIS ROAD, 62.53 FEET TO THE WEST
21LINE OF SAID LOT 9; THENCE NORTH 01 DEGREES 30 MINUTES 42
22SECONDS WEST ALONG SAID WEST LINE, 10.13 FEET TO SAID
23NORTHERLY LINE OF LOT 9, ALSO BEING SAID SOUTHERLY LINE OF
24FRANCIS ROAD; THENCE NORTH 79 DEGREES 17 MINUTES 03 SECONDS
25EAST ALONG SAID SOUTHERLY LINE OF FRANCIS ROAD, 151.96 FEET TO
26THE PLACE OF BEGINNING.

 

 

HB4844 Engrossed- 2094 -LRB103 39009 AMC 69146 b

1SAID PARCEL CONTAINING 0.038 ACRES, MORE OR LESS.
2REVISION DATE: 05-26-2022
 
3Route: C.H. 4 Cedar Road
4Section: 20-00051-09-CH
5County: Will
6Parcel No: IL T0026TE
7Station: 107+73.63 to 108+08.64
8Index No.: 15-08-10-301-0073
9THE NORTH 35 FEET OF THE SOUTH 55.25 FEET OF LOT 11 (EXCEPT THE
10WEST 17 FEET THEREOF) IN ARTHUR T. MCINTOSH AND COMPANY'S NEW
11LENOX ACRES, A SUBDIVISION IN SECTIONS 10 AND 15, TOWNSHIP 35
12NORTH, AND RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
13ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS
14DOCUMENT 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND
15DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
16EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A COMBINED FACTOR OF
170.9999586959.
18SAID PARCEL CONTAINING 0.004 ACRES (175 SQUARE FEET), MORE OR
19LESS.
20REVISION DATE: 05-26-2022
 
21Route: C.H. 64 Francis Road
22Section: 20-00051-09-CH
23County: Will
24Parcel No: IL T0027TE

 

 

HB4844 Engrossed- 2095 -LRB103 39009 AMC 69146 b

1Station: 216+52.49 to 217+35.06
2Index No.: 15-08-10-301-005
3THE NORTHERLY 10.00 FEET OF THE EAST 80 FEET OF THE WEST 617
4FEET OF LOT 10 IN ARTHUR T. MCINTOSH AND COMPANY'S NEW LENOX
5ACRES, A SUBDIVISION IN SECTIONS 10 AND 15, TOWNSHIP 35 NORTH,
6AND RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING
7TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS DOCUMENT 408969,
8IN WILL COUNTY, ILLINOIS, BEARINGS AND DISTANCES BASED ON THE
9ILLINOIS STATE PLANE COORDINATE SYSTEM, EAST ZONE, NAD83 (2011
10ADJUSTMENT) WITH A COMBINED FACTOR OF 0.9999586959.
11SAID PARCEL CONTAINING 0.018 ACRES, MORE OR LESS.
12REVISION DATE: 05-26-2022
 
13Route: C.H. 64 Francis Road
14Section: 20-00051-09-CH
15County: Will
16Parcel No: IL T0028TE
17Station: 217+33.45 to 218+43.47
18Index No.: 15-08-10-301-067
19THE NORTHERLY 10.00 FEET OF THE EAST 34.75 FEET OF LOT 10 AND
20LOT 35 (EXCEPT THE EAST 270.03 FEET THEREOF) IN ARTHUR T.
21MCINTOSH AND COMPANY'S NEW LENOX ACRES, A SUBDIVISION IN
22SECTIONS 10 AND 15, TOWNSHIP 35 NORTH, AND RANGE 11 EAST OF THE
23THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
24RECORDED JULY 16, 1927 AS DOCUMENT 408969, IN WILL COUNTY,
25ILLINOIS, BEARINGS AND DISTANCES BASED ON THE ILLINOIS STATE

 

 

HB4844 Engrossed- 2096 -LRB103 39009 AMC 69146 b

1PLANE COORDINATE SYSTEM, EAST ZONE, NAD83 (2011 ADJUSTMENT)
2WITH A COMBINED FACTOR OF 0.9999586959.
3SAID PARCEL CONTAINING 0.025 ACRES, MORE OR LESS.
4REVISION DATE: 05-26-2022
 
5Route: C.H. 64 Francis Road
6Section: 20-00051-09-CH
7County: Will
8Parcel No: IL T0029TE
9Station: 218+41.89 to 218+83.97
10Index No.: 15-08-10-301-068
11THE NORTHERLY 10.00 FEET OF THE WEST 40.00 FEET OF THE EAST
12270.00 FEET OF LOT 35, AS MEASURED ALONG THE SOUTH LINE OF SAID
13LOT 35, IN ARTHUR T. MCINTOSH AND COMPANY'S NEW LENOX ACRES, A
14SUBDIVISION IN SECTIONS 10 AND 15, TOWNSHIP 35 NORTH, AND
15RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO
16THE PLAT THEREOF RECORDED JULY 16, 1927 AS DOCUMENT 408969, IN
17WILL COUNTY, ILLINOIS, BEARINGS AND DISTANCES BASED ON THE
18ILLINOIS STATE PLANE COORDINATE SYSTEM, EAST ZONE, NAD83 (2011
19ADJUSTMENT) WITH A COMBINED FACTOR OF 0.9999586959.
20SAID PARCEL CONTAINING 0.009 ACRES (405 SQUARE FEET), MORE OR
21LESS.
22REVISION DATE: 05-26-2022
23REVISION DATE: 06-30-2022
24    (b) This Section is repealed on June 9, 2026 (3 years after
25the effective date of Public Act 103-10) this amendatory Act

 

 

HB4844 Engrossed- 2097 -LRB103 39009 AMC 69146 b

1of the 103rd General Assembly.
2(Source: P.A. 103-10, eff. 6-9-23; revised 7-27-23.)
 
3    Section 600. The Illinois False Claims Act is amended by
4changing Section 6 as follows:
 
5    (740 ILCS 175/6)  (from Ch. 127, par. 4106)
6    Sec. 6. Subpoenas.
7    (a) In general.
8        (1) Issuance and service. Whenever the Attorney
9    General has reason to believe that any person may be in
10    possession, custody, or control of any documentary
11    material or information relevant to an investigation, the
12    Attorney General may, before commencing a civil proceeding
13    under this Act or making an election under paragraph (4)
14    of subsection (b) of Section 4, issue in writing and cause
15    to be served upon such person, a subpoena requiring such
16    person:
17            (A) to produce such documentary material for
18        inspection and copying,
19            (B) to answer, in writing, written interrogatories
20        with respect to such documentary material or
21        information,
22            (C) to give oral testimony concerning such
23        documentary material or information, or
24            (D) to furnish any combination of such material,

 

 

HB4844 Engrossed- 2098 -LRB103 39009 AMC 69146 b

1        answers, or testimony.
2    The Attorney General may issue subpoenas under this
3    subsection (a). Whenever a subpoena is an express demand
4    for any product of discovery, the Attorney General shall
5    cause to be served, in any manner authorized by this
6    Section, a copy of such demand upon the person from whom
7    the discovery was obtained and shall notify the person to
8    whom such demand is issued of the date on which such copy
9    was served. Any information obtained by the Attorney
10    General under this Section may be shared with any qui tam
11    relator if the Attorney General determines it necessary as
12    part of any Illinois False Claims Act investigation.
13        (1.5) Where a subpoena requires the production of
14    documentary material, the respondent shall produce the
15    original of the documentary material, provided, however,
16    that the Attorney General may agree that copies may be
17    substituted for the originals. All documentary material
18    kept or stored in electronic form, including electronic
19    mail, shall be produced in native format, as kept in the
20    normal course of business, or as otherwise directed by the
21    Attorney General. The production of documentary material
22    shall be made at the respondent's expense.
23        (2) Contents and deadlines. Each subpoena issued under
24    paragraph (1):
25            (A) Shall state the nature of the conduct
26        constituting an alleged violation that is under

 

 

HB4844 Engrossed- 2099 -LRB103 39009 AMC 69146 b

1        investigation and the applicable provision of law
2        alleged to be violated.
3            (B) Shall identify the individual causing the
4        subpoena to be served and to whom communications
5        regarding the subpoena should be directed.
6            (C) Shall state the date, place, and time at which
7        the person is required to appear, produce written
8        answers to interrogatories, produce documentary
9        material or give oral testimony. The date shall not be
10        less than 10 days from the date of service of the
11        subpoena. Compliance with the subpoena shall be at the
12        Office of the Attorney General in either the
13        Springfield or Chicago location or at other location
14        by agreement.
15            (D) If the subpoena is for documentary material or
16        interrogatories, shall describe the documents or
17        information requested with specificity.
18            (E) Shall notify the person of the right to be
19        assisted by counsel.
20            (F) Shall advise that the person has 20 days from
21        the date of service or up until the return date
22        specified in the demand, whichever date is earlier, to
23        move, modify, or set aside the subpoena pursuant to
24        subparagraph (j)(2)(A) of this Section.
25    (b) Protected material or information.
26        (1) In general. A subpoena issued under subsection (a)

 

 

HB4844 Engrossed- 2100 -LRB103 39009 AMC 69146 b

1    may not require the production of any documentary
2    material, the submission of any answers to written
3    interrogatories, or the giving of any oral testimony if
4    such material, answers, or testimony would be protected
5    from disclosure under:
6            (A) the standards applicable to subpoenas or
7        subpoenas duces tecum issued by a court of this State
8        to aid in a grand jury investigation; or
9            (B) the standards applicable to discovery requests
10        under the Code of Civil Procedure, to the extent that
11        the application of such standards to any such subpoena
12        is appropriate and consistent with the provisions and
13        purposes of this Section.
14        (2) Effect on other orders, rules, and laws. Any such
15    subpoena which is an express demand for any product of
16    discovery supersedes any inconsistent order, rule, or
17    provision of law (other than this Section) preventing or
18    restraining disclosure of such product of discovery to any
19    person. Disclosure of any product of discovery pursuant to
20    any such subpoena does not constitute a waiver of any
21    right or privilege which the person making such disclosure
22    may be entitled to invoke to resist discovery of trial
23    preparation materials.
24    (c) Service in general. Any subpoena issued under
25subsection (a) may be served by any person so authorized by the
26Attorney General or by any person authorized to serve process

 

 

HB4844 Engrossed- 2101 -LRB103 39009 AMC 69146 b

1on individuals within Illinois, through any method prescribed
2in the Code of Civil Procedure or as otherwise set forth in
3this Act.
4    (d) Service upon legal entities and natural persons.
5        (1) Legal entities. Service of any subpoena issued
6    under subsection (a) or of any petition filed under
7    subsection (j) may be made upon a partnership,
8    corporation, association, or other legal entity by:
9            (A) delivering an executed copy of such subpoena
10        or petition to any partner, executive officer,
11        managing agent, general agent, or registered agent of
12        the partnership, corporation, association, or entity;
13            (B) delivering an executed copy of such subpoena
14        or petition to the principal office or place of
15        business of the partnership, corporation, association,
16        or entity; or
17            (C) depositing an executed copy of such subpoena
18        or petition in the United States mails by registered
19        or certified mail, with a return receipt requested,
20        addressed to such partnership, corporation,
21        association, or entity as its principal office or
22        place of business.
23        (2) Natural person. Service of any such subpoena or
24    petition may be made upon any natural person by:
25            (A) delivering an executed copy of such subpoena
26        or petition to the person; or

 

 

HB4844 Engrossed- 2102 -LRB103 39009 AMC 69146 b

1            (B) depositing an executed copy of such subpoena
2        or petition in the United States mails by registered
3        or certified mail, with a return receipt requested,
4        addressed to the person at the person's residence or
5        principal office or place of business.
6    (e) Proof of service. A verified return by the individual
7serving any subpoena issued under subsection (a) or any
8petition filed under subsection (j) setting forth the manner
9of such service shall be proof of such service. In the case of
10service by registered or certified mail, such return shall be
11accompanied by the return post office receipt of delivery of
12such subpoena.
13    (f) Documentary material.
14        (1) Sworn certificates. The production of documentary
15    material in response to a subpoena served under this
16    Section shall be made under a sworn certificate, in such
17    form as the subpoena designates, by:
18            (A) in the case of a natural person, the person to
19        whom the subpoena is directed, or
20            (B) in the case of a person other than a natural
21        person, a person having knowledge of the facts and
22        circumstances relating to such production and
23        authorized to act on behalf of such person.
24    The certificate shall state that all of the documentary
25    material required by the demand and in the possession,
26    custody, or control of the person to whom the subpoena is

 

 

HB4844 Engrossed- 2103 -LRB103 39009 AMC 69146 b

1    directed has been produced and made available to the
2    Attorney General.
3        (2) Production of materials. Any person upon whom any
4    subpoena for the production of documentary material has
5    been served under this Section shall make such material
6    available for inspection and copying to the Attorney
7    General at the place designated in the subpoena, or at
8    such other place as the Attorney General and the person
9    thereafter may agree and prescribe in writing, or as the
10    court may direct under subsection (j)(1). Such material
11    shall be made so available on the return date specified in
12    such subpoena, or on such later date as the Attorney
13    General may prescribe in writing. Such person may, upon
14    written agreement between the person and the Attorney
15    General, substitute copies for originals of all or any
16    part of such material.
17    (g) Interrogatories. Each interrogatory in a subpoena
18served under this Section shall be answered separately and
19fully in writing under oath and shall be submitted under a
20sworn certificate, in such form as the subpoena designates by:
21        (1) in the case of a natural person, the person to whom
22    the subpoena is directed, or
23        (2) in the case of a person other than a natural
24    person, the person or persons responsible for answering
25    each interrogatory.
26If any interrogatory is objected to, the reasons for the

 

 

HB4844 Engrossed- 2104 -LRB103 39009 AMC 69146 b

1objection shall be stated in the certificate instead of an
2answer. The certificate shall state that all information
3required by the subpoena and in the possession, custody,
4control, or knowledge of the person to whom the demand is
5directed has been submitted. To the extent that any
6information is not furnished, the information shall be
7identified and reasons set forth with particularity regarding
8the reasons why the information was not furnished.
9    (h) Oral examinations.
10        (1) Procedures. The examination of any person pursuant
11    to a subpoena for oral testimony served under this Section
12    shall be taken before an officer authorized to administer
13    oaths and affirmations by the laws of this State or of the
14    place where the examination is held. The officer before
15    whom the testimony is to be taken shall put the witness on
16    oath or affirmation and shall, personally or by someone
17    acting under the direction of the officer and in the
18    officer's presence, record the testimony of the witness.
19    The testimony shall be taken stenographically and shall be
20    transcribed. When the testimony is fully transcribed, the
21    officer before whom the testimony is taken shall promptly
22    transmit a certified copy of the transcript of the
23    testimony in accordance with the instructions of the
24    Attorney General. This subsection shall not preclude the
25    taking of testimony by any means authorized by, and in a
26    manner consistent with, the Code of Civil Procedure.

 

 

HB4844 Engrossed- 2105 -LRB103 39009 AMC 69146 b

1        (2) Persons present. The investigator conducting the
2    examination shall exclude from the place where the
3    examination is held all persons except the person giving
4    the testimony, the attorney for and any other
5    representative of the person giving the testimony, the
6    attorney for the State, any person who may be agreed upon
7    by the attorney for the State and the person giving the
8    testimony, the officer before whom the testimony is to be
9    taken, and any stenographer taking such testimony.
10        (3) Where testimony taken. The oral testimony of any
11    person taken pursuant to a subpoena served under this
12    Section shall be taken in the county within which such
13    person resides, is found, or transacts business, or in
14    such other place as may be agreed upon by the Attorney
15    General and such person.
16        (4) Transcript of testimony. When the testimony is
17    fully transcribed, the Attorney General or the officer
18    before whom the testimony is taken shall afford the
19    witness, who may be accompanied by counsel, a reasonable
20    opportunity to review and correct the transcript, in
21    accordance with the rules applicable to deposition
22    witnesses in civil cases. Upon payment of reasonable
23    charges, the Attorney General shall furnish a copy of the
24    transcript to the witness, except that the Attorney
25    General may, for good cause, limit the witness to
26    inspection of the official transcript of the witness'

 

 

HB4844 Engrossed- 2106 -LRB103 39009 AMC 69146 b

1    testimony.
2        (5) Conduct of oral testimony.
3            (A) Any person compelled to appear for oral
4        testimony under a subpoena issued under subsection (a)
5        may be accompanied, represented, and advised by
6        counsel, who may raise objections based on matters of
7        privilege in accordance with the rules applicable to
8        depositions in civil cases. If such person refuses to
9        answer any question, a petition may be filed in
10        circuit court under subsection (j)(1) for an order
11        compelling such person to answer such question.
12            (B) If such person refuses any question on the
13        grounds of the privilege against self-incrimination,
14        the testimony of such person may be compelled in
15        accordance with Article 106 of the Code of Criminal
16        Procedure of 1963.
17        (6) Witness fees and allowances. Any person appearing
18    for oral testimony under a subpoena issued under
19    subsection (a) shall be entitled to the same fees and
20    allowances which are paid to witnesses in the circuit
21    court.
22    (i) Custodians of documents, answers, and transcripts.
23        (1) Designation. The Attorney General or his or her
24    delegate shall serve as custodian of documentary material,
25    answers to interrogatories, and transcripts of oral
26    testimony received under this Section.

 

 

HB4844 Engrossed- 2107 -LRB103 39009 AMC 69146 b

1        (2) Except as otherwise provided in this Section, no
2    documentary material, answers to interrogatories, or
3    transcripts of oral testimony, or copies thereof, while in
4    the possession of the custodian, shall be available for
5    examination by any individual, except as determined
6    necessary by the Attorney General and subject to the
7    conditions imposed by him or her for effective enforcement
8    of the laws of this State, or as otherwise provided by
9    court order.
10        (3) Conditions for return of material. If any
11    documentary material has been produced by any person in
12    the course of any investigation pursuant to a subpoena
13    under this Section and:
14            (A) any case or proceeding before the court or
15        grand jury arising out of such investigation, or any
16        proceeding before any State agency involving such
17        material, has been completed, or
18            (B) no case or proceeding in which such material
19        may be used has been commenced within a reasonable
20        time after completion of the examination and analysis
21        of all documentary material and other information
22        assembled in the course of such investigation,
23    the custodian shall, upon written request of the person
24    who produced such material, return to such person any such
25    material which has not passed into the control of any
26    court, grand jury, or agency through introduction into the

 

 

HB4844 Engrossed- 2108 -LRB103 39009 AMC 69146 b

1    record of such case or proceeding.
2    (j) Judicial proceedings.
3        (1) Petition for enforcement. Whenever any person
4    fails to comply with any subpoena issued under subsection
5    (a), or whenever satisfactory copying or reproduction of
6    any material requested in such demand cannot be done and
7    such person refuses to surrender such material, the
8    Attorney General may file, in the circuit court of any
9    county in which such person resides, is found, or
10    transacts business, or the circuit court of the county in
11    which an action filed pursuant to Section 4 of this Act is
12    pending if the action relates to the subject matter of the
13    subpoena and serve upon such person a petition for an
14    order of such court for the enforcement of the subpoena.
15        (2) Petition to modify or set aside subpoena.
16            (A) Any person who has received a subpoena issued
17        under subsection (a) may file, in the circuit court of
18        any county within which such person resides, is found,
19        or transacts business, and serve upon the Attorney
20        General a petition for an order of the court to modify
21        or set aside such subpoena. In the case of a petition
22        addressed to an express demand for any product of
23        discovery, a petition to modify or set aside such
24        demand may be brought only in the circuit court of the
25        county in which the proceeding in which such discovery
26        was obtained is or was last pending. Any petition

 

 

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1        under this subparagraph (A) must be filed:
2                (i) within 20 days after the date of service
3            of the subpoena, or at any time before the return
4            date specified in the subpoena, whichever date is
5            earlier, or
6                (ii) within such longer period as may be
7            prescribed in writing by the Attorney General.
8            (B) The petition shall specify each ground upon
9        which the petitioner relies in seeking relief under
10        subparagraph (A), and may be based upon any failure of
11        the subpoena to comply with the provisions of this
12        Section or upon any constitutional or other legal
13        right or privilege of such person. During the pendency
14        of the petition in the court, the court may stay, as it
15        deems proper, the running of the time allowed for
16        compliance with the subpoena, in whole or in part,
17        except that the person filing the petition shall
18        comply with any portion of the subpoena not sought to
19        be modified or set aside.
20        (3) Petition to modify or set aside demand for product
21    of discovery. In the case of any subpoena issued under
22    subsection (a) which is an express demand for any product
23    of discovery, the person from whom such discovery was
24    obtained may file, in the circuit court of the county in
25    which the proceeding in which such discovery was obtained
26    is or was last pending, a petition for an order of such

 

 

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1    court to modify or set aside those portions of the
2    subpoena requiring production of any such product of
3    discovery, subject to the same terms, conditions, and
4    limitations set forth in subparagraph (j)(2) of this
5    Section.
6        (4) Jurisdiction. Whenever any petition is filed in
7    any circuit court under this subsection (j), such court
8    shall have jurisdiction to hear and determine the matter
9    so presented, and to enter such orders as may be required
10    to carry out the provisions of this Section. Any final
11    order so entered shall be subject to appeal in the same
12    manner as appeals of other final orders in civil matters.
13    Any disobedience of any final order entered under this
14    Section by any court shall be punished as a contempt of the
15    court.
16    (k) Disclosure exemption. Any documentary material,
17answers to written interrogatories, or oral testimony provided
18under any subpoena issued under subsection (a) shall be exempt
19from disclosure under the Illinois Administrative Procedure
20Act.
21(Source: P.A. 103-145, eff. 10-1-23; revised 9-20-23.)
 
22    Section 605. The Good Samaritan Act is amended by changing
23Section 42 as follows:
 
24    (745 ILCS 49/42)

 

 

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1    Sec. 42. Optometrists; exemption from civil liability for
2emergency care. Any optometrist or any person licensed as an a
3optometrist in any other state or territory of the United
4States who in good faith provides emergency care without fee
5to a victim of an accident at the scene of an accident shall
6not, as a result of his or her acts or omissions, except
7willful or wanton misconduct on the part of the person, in
8providing the care, be liable for civil damages.
9(Source: P.A. 90-413, eff. 1-1-98; revised 9-20-23.)
 
10    Section 610. The Emancipation of Minors Act is amended by
11changing Section 2 as follows:
 
12    (750 ILCS 30/2)  (from Ch. 40, par. 2202)
13    Sec. 2. Purpose and policy. The purpose of this Act is to
14provide a means by which a mature minor who has demonstrated
15the ability and capacity to manage the minor's own affairs and
16to live wholly or partially independent of the minor's parents
17or guardian, may obtain the legal status of an emancipated
18person with power to enter into valid legal contracts.
19    This Act is not intended to interfere with the integrity
20of the family or the rights of parents and their children. No
21order of complete or partial emancipation may be entered under
22this Act if there is any objection by the minor. An order of
23complete or partial emancipation may be entered under this Act
24if there is an objection by the minor's parents or guardian

 

 

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1only if the court finds, in a hearing, that emancipation would
2be in the minor's best interests. This Act does not limit or
3exclude any other means either in statute or case law by which
4a minor may become emancipated.
5    (g) Beginning January 1, 2019, and annually thereafter
6through January 1, 2024, the Department of Human Services
7shall submit annual reports to the General Assembly regarding
8homeless minors older than 16 years of age but less than 18
9years of age referred to a youth transitional housing program
10for whom parental consent to enter the program is not
11obtained. The report shall include the following information:
12        (1) the number of homeless minors referred to youth
13    transitional housing programs;
14        (2) the number of homeless minors who were referred
15    but a licensed youth transitional housing program was not
16    able to provide housing and services, and what subsequent
17    steps, if any, were taken to ensure that the homeless
18    minors were referred to an appropriate and available
19    alternative placement;
20        (3) the number of homeless minors who were referred
21    but determined to be ineligible for a youth transitional
22    housing program and the reason why the homeless minors
23    were determined to be ineligible, and what subsequent
24    steps, if any, were taken to ensure that the homeless
25    minors were referred to an appropriate and available
26    alternative placement; and

 

 

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1        (4) the number of homeless minors who voluntarily left
2    the program and who were dismissed from the program while
3    they were under the age of 18, and what subsequent steps,
4    if any, were taken to ensure that the homeless minors were
5    referred to an appropriate and available alternative
6    placement.
7(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)
 
8    Section 615. The Electric Vehicle Charging Act is amended
9by changing Sections 15, 25, and 35 as follows:
 
10    (765 ILCS 1085/15)
11    Sec. 15. Definitions. As used in this Act:
12    "Affordable housing development" means (i) any housing
13that is subsidized by the federal or State government or (ii)
14any housing in which at least 20% of the dwelling units are
15subject to covenants or restrictions that require that the
16dwelling units to be sold or rented at prices that preserve
17them as affordable housing for a period of at least 10 years.
18    "Association" has the meaning set forth in subsection (o)
19of Section 2 of the Condominium Property Act or Section 1-5 of
20the Common Interest Community Association Act, as applicable.
21    "Electric vehicle" means a vehicle that is exclusively
22powered by and refueled by electricity, plugs in to charge,
23and is licensed to drive on public roadways. "Electric
24vehicle" does not include electric mopeds, electric

 

 

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1off-highway vehicles, hybrid electric vehicles, or
2extended-range electric vehicles that are equipped, fully or
3partially, with conventional fueled propulsion or auxiliary
4engines.
5    "Electric vehicle charging system" means a device that is:
6        (1) used to provide electricity to an electric
7    vehicle;
8        (2) designed to ensure that a safe connection has been
9    made between the electric grid and the electric vehicle;
10    and
11        (3) able to communicate with the vehicle's control
12    system so that electricity flows at an appropriate voltage
13    and current level. An electric vehicle charging system may
14    be wall mounted or pedestal style, may provide multiple
15    cords to connect with electric vehicles, and shall:
16            (i) be certified by Underwriters Laboratories or
17        have been granted an equivalent certification; and
18            (ii) comply with the current version of Article
19        625 of the National Electrical Code.
20    "Electric vehicle supply equipment" or "EVSE" means a
21conductor, including an ungrounded, grounded, and equipment
22grounding conductor, and electric vehicle connectors,
23attachment plugs, and all other fittings, devices, power
24outlets, and apparatuses installed specifically for the
25purpose of transferring energy between the premises wiring and
26the electric vehicle.

 

 

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1    "EV-capable" means parking spaces that have the electrical
2panel capacity and conduit installed during construction to
3support future implementation of electric vehicle charging
4with 208-volt or 240-volt or greater, 40-ampere or greater
5circuits. Each EV-capable space shall feature a continuous
6raceway or cable assembly installed between an enclosure or
7outlet located within 3 feet of the EV-capable space and a
8suitable panelboard or other onsite electrical distribution
9equipment. The electrical distribution equipment to which the
10raceway or cable assembly connects shall have sufficient
11dedicated space and spare electrical capacity for a 2-pole
12circuit breaker or set of fuses. Reserved capacity shall be no
13less than 40A 208/240V for each EV-capable space unless
14EV-capable spaces will be controlled by an energy management
15system providing load management in accordance with NFPA 70,
16shall have a minimum capacity of 4.1 kilovolt-ampere per
17space, or have a minimum capacity of 2.7 kilovolt-ampere per
18space when all of the parking spaces are designed to be
19EV-capable spaces, EV-ready spaces, or EVSE-installed spaces.
20The electrical enclosure or outlet and the electrical
21distribution equipment directory shall be marked "For future
22electric vehicle supply equipment (EVSE)." This strategy
23ensures the reduction of up-front costs for electric vehicle
24charging station installation by providing the electrical
25elements that are difficult to install during a retrofit.
26Anticipating the use of dual-head EVSE, the same circuit may

 

 

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1be used to support charging in adjacent EV-capable spaces. For
2purposes of this Act, "EV-capable" "EV capable" shall not be
3construed to require a developer or builder to install or run
4wire or cable from the electrical panel through the conduit or
5raceway to the terminus of the conduit.
6    "EV-ready" means parking spaces that are provided with a
7branch circuit and either an outlet, junction box, or
8receptacle that will support an installed EVSE. Each branch
9circuit serving EV-ready spaces shall terminate at an outlet
10or enclosure, located within 3 feet of each EV-ready space it
11serves. The panelboard or other electrical distribution
12equipment directory shall designate the branch circuit as "For
13electric vehicle supply equipment (EVSE)" and the outlet or
14enclosure shall be marked "For electric vehicle supply
15equipment (EVSE)." The capacity of each branch circuit serving
16multiple EV-ready spaces designed to be controlled by an
17energy management system providing load management in
18accordance with NFPA 70, shall have a minimum capacity of 4.1
19kilovolt-ampere per space, or have a minimum capacity of 2.7
20kilovolt-ampere per space when all of the parking spaces are
21designed to be EV-capable spaces, EV-ready spaces, or EVSE
22spaces.
23    "EVSE-installed" means electric vehicle supply equipment
24that is fully installed from the electrical panel to the
25parking space.
26    "Large multifamily residence" means a single residential

 

 

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1building that accommodates 5 families or more.
2    "Level 1" means a 120-volt 20-ampere minimum branch
3circuit.
4    "Level 2" means a 208-volt to 240-volt 40-ampere branch
5circuit.
6    "New" means newly constructed.
7    "Reasonable restriction" means a restriction that does not
8significantly increase the cost of the electric vehicle
9charging station or electric vehicle charging system or
10significantly decrease its efficiency or specified
11performance.
12    "Single-family residence" means a detached single-family
13residence on a single lot.
14    "Small multifamily residence" means a single residential
15building that accommodates 2 to 4 families.
16(Source: P.A. 103-53, eff. 1-1-24; revised 12-22-23.)
 
17    (765 ILCS 1085/25)
18    Sec. 25. Residential requirements.
19    (a) All building permits issued 90 days after the
20effective date of this Act shall require a new, large
21multifamily residential building or a large multifamily
22residential building being renovated by a developer converting
23the property to an association to have 100% of its total
24parking spaces EV-capable. However, nothing in this Act shall
25be construed to require that in the case of a developer

 

 

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1converting the property to an association, no EV-capable or
2EV-ready mandate shall apply if it would necessitate the
3developer having to excavate an existing surface lot or other
4parking facility in order to retrofit retro-fit the parking
5lot or facility with the necessary conduit and wiring.
6    (b) The following requirements and timelines shall apply
7for affordable housing. A new construction single-family
8residence or small multifamily residence that qualifies as an
9affordable housing development under the same project
10ownership and is located on a campus with centralized parking
11areas is subject to the requirements and timelines below.
12    All building permits issued 24 months after the effective
13date of this Act shall require a new construction large
14multifamily residence that qualifies as an affordable housing
15development to have the following, unless additional
16requirements are required under a subsequently adopted
17building code:
18        (1) For permits issued 24 months after the effective
19    date of this Act, a minimum of 40% EV-capable parking
20    spaces.
21        (2) For permits issued 5 years after the effective
22    date of this Act, a minimum of 50% EV-capable parking
23    spaces.
24        (3) For permits issued 10 years after the effective
25    date of this Act, a minimum of 70% EV-capable parking
26    spaces.

 

 

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1    (d) An accessible parking space is not required by this
2Section if no accessible parking spaces are required by the
3local zoning code.
4(Source: P.A. 103-53, eff. 1-1-24; revised 12-22-23.)
 
5    (765 ILCS 1085/35)
6    Sec. 35. Electric vehicle charging system policy for
7renters.
8    (a) Notwithstanding any provision in the lease to the
9contrary and subject to subsection (b):
10        (1) a tenant may install, at the tenant's expense for
11    the tenant's own use, a level 1 receptacle or outlet, a
12    level 2 receptacle or outlet, or a level 2 electric
13    vehicle charging system on or in the leased premises;
14        (2) a landlord shall not assess or charge a tenant any
15    fee for the placement or use of an electric vehicle
16    charging system, except that:
17            (A) the landlord may:
18                (i) require reimbursement for the actual cost
19            of electricity provided by the landlord that was
20            used by the electric vehicle charging system;
21                (ii) charge a reasonable fee for access. If
22            the electric vehicle charging system is part of a
23            network for which a network fee is charged, the
24            landlord's reimbursement may include the amount of
25            the network fee. Nothing in this subparagraph

 

 

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1            requires a landlord to impose upon a tenant a fee
2            or charge other than the rental payments specified
3            in the lease; or
4                (iii) charge a security deposit to cover costs
5            to restore the property to its original condition
6            if the tenant removes the electric vehicle
7            charging system; .
8            (B) the landlord may require reimbursement for the
9        cost of the installation of the electric vehicle
10        charging system, including any additions or upgrades
11        to existing wiring directly attributable to the
12        requirements of the electric vehicle charging system,
13        if the landlord places or causes the electric vehicle
14        charging system to be placed at the request of the
15        tenant; and
16            (C) if the tenant desires to place an electric
17        vehicle charging system in an area accessible to other
18        tenants, the landlord may assess or charge the tenant
19        a reasonable fee to reserve a specific parking space
20        in which to install the electric vehicle charging
21        system.
22    (b) A landlord may require a tenant to comply with:
23        (1) bona fide safety requirements consistent with an
24    applicable building code or recognized safety standard for
25    the protection of persons and property;
26        (2) a requirement that the electric vehicle charging

 

 

HB4844 Engrossed- 2121 -LRB103 39009 AMC 69146 b

1    system be registered with the landlord within 30 days
2    after installation; or
3        (3) reasonable aesthetic provisions that govern the
4    dimensions, placement, or external appearance of an
5    electric vehicle charging system.
6    (c) A tenant may place an electric vehicle charging system
7if:
8        (1) the electric vehicle charging system is in
9    compliance with all applicable requirements adopted by a
10    landlord under subsection (b); and
11        (2) the tenant agrees, in writing, to:
12            (A) comply with the landlord's design
13        specifications for the installation of an electric
14        vehicle charging system;
15            (B) engage the services of a duly licensed and
16        registered electrical contractor familiar with the
17        installation and code requirements of an electric
18        vehicle charging system; and
19            (C) provide, within 14 days after receiving the
20        landlord's consent for the installation, a certificate
21        of insurance naming the landlord as an additional
22        insured party on the tenant's renter's insurance
23        policy for any claim related to the installation,
24        maintenance, or use of the electric vehicle charging
25        system or, at the landlord's option, reimbursement to
26        the landlord for the actual cost of any increased

 

 

HB4844 Engrossed- 2122 -LRB103 39009 AMC 69146 b

1        insurance premium amount attributable to the electric
2        vehicle charging system, notwithstanding any provision
3        to the contrary in the lease. The tenant shall provide
4        reimbursement for an increased insurance premium
5        amount within 14 days after the tenant receives the
6        landlord's invoice for the amount attributable to the
7        electric vehicle charging system.
8    (d) If the landlord consents to a tenant's installation of
9an electric vehicle charging system on property accessible to
10other tenants, including a parking space, carport, or garage
11stall, then, unless otherwise specified in a written agreement
12with the landlord:
13        (1) The tenant, and each successive tenant with
14    exclusive rights to the area where the electric vehicle
15    charging system is installed, is responsible for costs for
16    damages to the electric vehicle charging system and to any
17    other property of the landlord or another tenant resulting
18    from the installation, maintenance, repair, removal, or
19    replacement of the electric vehicle charging system.
20            (A) Costs under this paragraph shall be based on:
21                (i) an embedded submetering device; or
22                (ii) a reasonable calculation of cost, based
23            on the average miles driven, efficiency of the
24            electric vehicle calculated by the United States
25            Environmental Protection Agency, and the cost of
26            electricity for the common area.

 

 

HB4844 Engrossed- 2123 -LRB103 39009 AMC 69146 b

1            (B) The purpose of the costs under this paragraph
2        is for reasonable reimbursement of electricity usage
3        and shall not be set to deliberately exceed that
4        reasonable reimbursement.
5        (2) Each successive tenant with exclusive rights to
6    the area where the electric vehicle charging system is
7    installed shall assume responsibility for the repair,
8    maintenance, removal, and replacement of the electric
9    vehicle charging system until the electric vehicle
10    charging system is removed.
11        (3) The tenant, and each successive tenant with
12    exclusive rights to the area where the electric vehicle
13    charging system is installed, shall, at all times, have
14    and maintain an insurance policy covering the obligations
15    of the tenant under this subsection and shall name the
16    landlord as an additional insured party under the policy.
17        (4) The tenant, and each successive tenant with
18    exclusive rights to the area where the electric vehicle
19    charging system is installed, is responsible for removing
20    the system if reasonably necessary or convenient for the
21    repair, maintenance, or replacement of any property of the
22    landlord, whether or not leased to another tenant.
23    (e) An electric vehicle charging system installed at the
24tenant's cost is the property of the tenant. Upon termination
25of the lease, if the electric vehicle charging system is
26removable, the tenant may either remove it or sell it to the

 

 

HB4844 Engrossed- 2124 -LRB103 39009 AMC 69146 b

1landlord or another tenant for an agreed price. Nothing in
2this subsection requires the landlord or another tenant to
3purchase the electric vehicle charging system.
4    (f) A landlord that willfully violates this Section shall
5be liable to the tenant for actual damages, and shall pay a
6civil penalty to the tenant in an amount not to exceed $1,000.
7    (g) In any action by a tenant requesting to have an
8electric vehicle charging system installed and seeking to
9enforce compliance with this Section, the court shall award
10reasonable attorney's fees to a prevailing plaintiff.
11    (h) A tenant whose landlord is an owner in an association
12and who desires to install an electric vehicle charging
13station must obtain approval to do so through the tenant's
14landlord or owner and in accordance with those provisions of
15this Act applicable to associations.
16(Source: P.A. 103-53, eff. 1-1-24; revised 12-22-23.)
 
17    Section 620. The Illinois Human Rights Act is amended by
18changing Section 8-101 as follows:
 
19    (775 ILCS 5/8-101)
20    Sec. 8-101. Illinois Human Rights Commission.
21    (A) Creation; appointments. The Human Rights Commission is
22created to consist of 7 members appointed by the Governor with
23the advice and consent of the Senate. No more than 4 members
24shall be of the same political party. The Governor shall

 

 

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1designate one member as chairperson. All appointments shall be
2in writing and filed with the Secretary of State as a public
3record.
4    (B) Terms. Of the members first appointed, 4 shall be
5appointed for a term to expire on the third Monday of January,
62021, and 3 (including the Chairperson) shall be appointed for
7a term to expire on the third Monday of January, 2023.
8    Notwithstanding any provision of this Section to the
9contrary, the term of office of each member of the Illinois
10Human Rights Commission is abolished on January 19, 2019.
11Incumbent members holding a position on the Commission that
12was created by Public Act 84-115 and whose terms, if not for
13Public Act 100-1066 this amendatory Act of the 100th General
14Assembly, would have expired January 18, 2021 shall continue
15to exercise all of the powers and be subject to all of the
16duties of members of the Commission until June 30, 2019 or
17until their respective successors are appointed and qualified,
18whichever is earlier.
19    Thereafter, each member shall serve for a term of 4 years
20and until the member's successor is appointed and qualified;
21except that any member chosen to fill a vacancy occurring
22otherwise than by expiration of a term shall be appointed only
23for the unexpired term of the member whom the member shall
24succeed and until the member's successor is appointed and
25qualified.
26    (C) Vacancies.

 

 

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1        (1) In the case of vacancies on the Commission during
2    a recess of the Senate, the Governor shall make a
3    temporary appointment until the next meeting of the Senate
4    when the Governor shall appoint a person to fill the
5    vacancy. Any person so nominated and confirmed by the
6    Senate shall hold office for the remainder of the term and
7    until the person's successor is appointed and qualified.
8        (2) If the Senate is not in session at the time this
9    Act takes effect, the Governor shall make temporary
10    appointments to the Commission as in the case of
11    vacancies.
12        (3) Vacancies in the Commission shall not impair the
13    right of the remaining members to exercise all the powers
14    of the Commission. Except when authorized by this Act to
15    proceed through a 3 member panel, a majority of the
16    members of the Commission then in office shall constitute
17    a quorum.
18    (D) Compensation. On and after January 19, 2019, the
19Chairperson of the Commission shall be compensated at the rate
20of $125,000 per year, or as set by the Compensation Review
21Board, whichever is greater, during the Chairperson's service
22as Chairperson, and each other member shall be compensated at
23the rate of $119,000 per year, or as set by the Compensation
24Review Board, whichever is greater. In addition, all members
25of the Commission shall be reimbursed for expenses actually
26and necessarily incurred by them in the performance of their

 

 

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1duties.
2    (E) Notwithstanding the general supervisory authority of
3the Chairperson, each commissioner, unless appointed to the
4special temporary panel created under subsection (H), has the
5authority to hire and supervise a staff attorney. The staff
6attorney shall report directly to the individual commissioner.
7    (F) A formal training program for newly appointed
8commissioners shall be implemented. The training program shall
9include the following:
10        (1) substantive and procedural aspects of the office
11    of commissioner;
12        (2) current issues in employment and housing
13    discrimination and public accommodation law and practice;
14        (3) orientation to each operational unit of the Human
15    Rights Commission;
16        (4) observation of experienced hearing officers and
17    commissioners conducting hearings of cases, combined with
18    the opportunity to discuss evidence presented and rulings
19    made;
20        (5) the use of hypothetical cases requiring the newly
21    appointed commissioner to issue judgments as a means of
22    evaluating knowledge and writing ability;
23        (6) writing skills; and
24        (7) professional and ethical standards.
25    A formal and ongoing professional development program
26including, but not limited to, the above-noted areas shall be

 

 

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1implemented to keep commissioners informed of recent
2developments and issues and to assist them in maintaining and
3enhancing their professional competence. Each commissioner
4shall complete 20 hours of training in the above-noted areas
5during every 2 years the commissioner remains in office.
6    (G) Commissioners must meet one of the following
7qualifications:
8        (1) licensed to practice law in the State of Illinois;
9        (2) at least 3 years of experience as a hearing
10    officer at the Human Rights Commission; or
11        (3) at least 4 years of professional experience
12    working for or dealing with individuals or corporations
13    affected by this Act or similar laws in other
14    jurisdictions, including, but not limited to, experience
15    with a civil rights advocacy group, a fair housing group,
16    a community organization, a trade association, a union, a
17    law firm, a legal aid organization, an employer's human
18    resources department, an employment discrimination
19    consulting firm, a community affairs organization, or a
20    municipal human relations agency.
21    The Governor's appointment message, filed with the
22Secretary of State and transmitted to the Senate, shall state
23specifically how the experience of a nominee for commissioner
24meets the requirement set forth in this subsection. The
25Chairperson must have public or private sector management and
26budget experience, as determined by the Governor.

 

 

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1    Each commissioner shall devote full time to the
2commissioner's duties and any commissioner who is an attorney
3shall not engage in the practice of law, nor shall any
4commissioner hold any other office or position of profit under
5the United States or this State or any municipal corporation
6or political subdivision of this State, nor engage in any
7other business, employment, or vocation.
8    (H) (Blank).
9(Source: P.A. 102-1129, eff. 2-10-23; 103-326, eff. 1-1-24;
10revised 12-15-23.)
 
11    Section 622. The Business Corporation Act of 1983 is
12amended by changing Section 1.80 as follows:
 
13    (805 ILCS 5/1.80)  (from Ch. 32, par. 1.80)
14    Sec. 1.80. Definitions. As used in this Act, unless the
15context otherwise requires, the words and phrases defined in
16this Section shall have the meanings set forth herein.
17    (a) "Corporation" or "domestic corporation" means a
18corporation subject to the provisions of this Act, except a
19foreign corporation.
20    (b) "Foreign corporation" means a corporation for profit
21organized under laws other than the laws of this State, but
22shall not include a banking corporation organized under the
23laws of another state or of the United States, a foreign
24banking corporation organized under the laws of a country

 

 

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1other than the United States and holding a certificate of
2authority from the Commissioner of Banks and Real Estate
3issued pursuant to the Foreign Banking Office Act, or a
4banking corporation holding a license from the Commissioner of
5Banks and Real Estate issued pursuant to the Foreign Bank
6Representative Office Act.
7    (c) "Articles of incorporation" means the original
8articles of incorporation, including the articles of
9incorporation of a new corporation set forth in the articles
10of consolidation, and all amendments thereto, whether
11evidenced by articles of amendment, articles of merger,
12articles of exchange, statement of correction affecting
13articles, resolution establishing series of shares or a
14statement of cancellation under Section 9.05. Restated
15articles of incorporation shall supersede the original
16articles of incorporation and all amendments thereto prior to
17the effective date of filing the articles of amendment
18incorporating the restated articles of incorporation.
19    (d) "Subscriber" means one who subscribes for shares in a
20corporation, whether before or after incorporation.
21    (e) "Incorporator" means one of the signers of the
22original articles of incorporation.
23    (f) "Shares" means the units into which the proprietary
24interests in a corporation are divided.
25    (g) "Shareholder" means one who is a holder of record of
26shares in a corporation.

 

 

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1    (h) "Certificate" representing shares means a written
2instrument executed by the proper corporate officers, as
3required by Section 6.35 of this Act, evidencing the fact that
4the person therein named is the holder of record of the share
5or shares therein described. If the corporation is authorized
6to issue uncertificated shares in accordance with Section 6.35
7of this Act, any reference in this Act to shares represented by
8a certificate shall also refer to uncertificated shares and
9any reference to a certificate representing shares shall also
10refer to the written notice in lieu of a certificate provided
11for in Section 6.35.
12    (i) "Authorized shares" means the aggregate number of
13shares of all classes which the corporation is authorized to
14issue.
15    (j) "Paid-in capital" means the sum of the cash and other
16consideration received, less expenses, including commissions,
17paid or incurred by the corporation, in connection with the
18issuance of shares, plus any cash and other consideration
19contributed to the corporation by or on behalf of its
20shareholders, plus amounts added or transferred to paid-in
21capital by action of the board of directors or shareholders
22pursuant to a share dividend, share split, or otherwise, minus
23reductions as provided elsewhere in this Act. Irrespective of
24the manner of designation thereof by the laws under which a
25foreign corporation is or may be organized, paid-in capital of
26a foreign corporation shall be determined on the same basis

 

 

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1and in the same manner as paid-in capital of a domestic
2corporation, for the purpose of computing license fees,
3franchise taxes and other charges imposed by this Act.
4    (k) "Net assets", for the purpose of determining the right
5of a corporation to purchase its own shares and of determining
6the right of a corporation to declare and pay dividends and
7make other distributions to shareholders is equal to the
8difference between the assets of the corporation and the
9liabilities of the corporation.
10    (l) "Registered office" means that office maintained by
11the corporation in this State, the address of which is on file
12in the office of the Secretary of State, at which any process,
13notice or demand required or permitted by law may be served
14upon the registered agent of the corporation.
15    (m) "Insolvent" means that a corporation is unable to pay
16its debts as they become due in the usual course of its
17business.
18    (n) "Anniversary" means that day each year exactly one or
19more years after:
20        (1) the date of filing the articles of incorporation
21    prescribed by Section 2.10 of this Act, in the case of a
22    domestic corporation;
23        (2) the date of filing the application for authority
24    prescribed by Section 13.15 of this Act, in the case of a
25    foreign corporation; or
26        (3) the date of filing the articles of consolidation

 

 

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1    prescribed by Section 11.25 of this Act in the case of a
2    consolidation, unless the plan of consolidation provides
3    for a delayed effective date, pursuant to Section 11.40.
4    (o) "Anniversary month" means the month in which the
5anniversary of the corporation occurs.
6    (p) "Extended filing month" means the month (if any) which
7shall have been established in lieu of the corporation's
8anniversary month in accordance with Section 14.01.
9    (q) "Taxable year" means that 12-month 12 month period
10commencing with the first day of the anniversary month of a
11corporation through the last day of the month immediately
12preceding the next occurrence of the anniversary month of the
13corporation, except that in the case of a corporation that has
14established an extended filing month "taxable year" means that
1512-month 12 month period commencing with the first day of the
16extended filing month through the last day of the month
17immediately preceding the next occurrence of the extended
18filing month.
19    (r) "Fiscal year" means the 12-month 12 month period with
20respect to which a corporation ordinarily files its federal
21income tax return.
22    (s) "Close corporation" means a corporation organized
23under or electing to be subject to Article 2A of this Act, the
24articles of incorporation of which contain the provisions
25required by Section 2.10, and either the corporation's
26articles of incorporation or an agreement entered into by all

 

 

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1of its shareholders provide that all of the issued shares of
2each class shall be subject to one or more of the restrictions
3on transfer set forth in Section 6.55 of this Act.
4    (t) "Common shares" means shares which have no preference
5over any other shares with respect to distribution of assets
6on liquidation or with respect to payment of dividends.
7    (u) "Delivered", for the purpose of determining if any
8notice required by this Act is effective, means:
9        (1) transferred or presented to someone in person; or
10        (2) deposited in the United States Mail addressed to
11    the person at his, her or its address as it appears on the
12    records of the corporation, with sufficient first-class
13    postage prepaid thereon.
14    (v) "Property" means gross assets including, without
15limitation, all real, personal, tangible, and intangible
16property.
17    (w) "Taxable period" means that 12-month period commencing
18with the first day of the second month preceding the
19corporation's anniversary month in the preceding year and
20prior to the first day of the second month immediately
21preceding its anniversary month in the current year, except
22that, in the case of a corporation that has established an
23extended filing month, "taxable period" means that 12-month
24period ending with the last day of its fiscal year immediately
25preceding the extended filing month. In the case of a newly
26formed domestic corporation or a newly registered foreign

 

 

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1corporation that had not commenced transacting business in
2this State prior to obtaining authority, "taxable period"
3means that period commencing with the filing of the articles
4of incorporation or, in the case of a foreign corporation, of
5filing of the application for authority, and prior to the
6first day of the second month immediately preceding its
7anniversary month in the next succeeding year.
8    (x) "Treasury shares" mean (1) shares of a corporation
9that have been issued, have been subsequently acquired by and
10belong to the corporation, and have not been cancelled or
11restored to the status of authorized but unissued shares and
12(2) shares (i) declared and paid as a share dividend on the
13shares referred to in clause (1) or this clause (2), or (ii)
14issued in a share split of the shares referred to in clause (1)
15or this clause (2). Treasury shares shall be deemed to be
16"issued" shares but not "outstanding" shares. Treasury shares
17may not be voted, directly or indirectly, at any meeting or
18otherwise. Shares converted into or exchanged for other shares
19of the corporation shall not be deemed to be treasury shares.
20    (y) "Gross amount of business" means gross receipts, from
21whatever source derived.
22    (z) "Open data" means data that is expressed in a
23machine-readable form and that is made freely available to the
24public under an open license, without registration
25requirement, and without any other restrictions that would
26impede its use or reuse.

 

 

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1(Source: P.A. 102-49, eff. 1-1-22; revised 1-20-24.)
 
2    Section 625. The General Not For Profit Corporation Act of
31986 is amended by changing Section 103.05 as follows:
 
4    (805 ILCS 105/103.05)  (from Ch. 32, par. 103.05)
5    Sec. 103.05. Purposes and authority of corporations;
6particular purposes; exemptions.
7    (a) Not-for-profit corporations may be organized under
8this Act for any one or more of the following or similar
9purposes:
10        (1) Charitable.
11        (2) Benevolent.
12        (3) Eleemosynary.
13        (4) Educational.
14        (5) Civic.
15        (6) Patriotic.
16        (7) Political.
17        (8) Religious.
18        (9) Social.
19        (10) Literary.
20        (11) Athletic.
21        (12) Scientific.
22        (13) Research.
23        (14) Agricultural.
24        (15) Horticultural.

 

 

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1        (16) Soil improvement.
2        (17) Crop improvement.
3        (18) Livestock or poultry improvement.
4        (19) Professional, commercial, industrial, or trade
5    association.
6        (20) Promoting the development, establishment, or
7    expansion of industries.
8        (21) Electrification on a cooperative basis.
9        (22) Telephone service on a mutual or cooperative
10    basis.
11        (23) Ownership and operation of water supply
12    facilities for drinking and general domestic use on a
13    mutual or cooperative basis.
14        (24) Ownership or administration of residential
15    property on a cooperative basis.
16        (25) Administration and operation of property owned on
17    a condominium basis or by a homeowner association.
18        (26) Administration and operation of an organization
19    on a cooperative basis producing or furnishing goods,
20    services, or facilities primarily for the benefit of its
21    members who are consumers of those goods, services, or
22    facilities.
23        (27) Operation of a community mental health board or
24    center organized pursuant to the Community Mental Health
25    Act for the purpose of providing direct patient services.
26        (28) Provision of debt management services as

 

 

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1    authorized by the Debt Management Service Act.
2        (29) Promotion, operation, and administration of a
3    ridesharing arrangement as defined in Section 1-176.1 of
4    the Illinois Vehicle Code.
5        (30) The administration and operation of an
6    organization for the purpose of assisting low-income
7    consumers in the acquisition of utility and telephone
8    services.
9        (31) Any purpose permitted to be exempt from taxation
10    under Sections 501(c) or 501(d) of the United States
11    Internal Revenue Code, as now in or hereafter amended.
12        (32) Any purpose that would qualify for tax-deductible
13    gifts under the Section 170(c) of the United States
14    Internal Revenue Code, as now or hereafter amended. Any
15    such purpose is deemed to be charitable under subsection
16    (a)(1) of this Section.
17        (33) Furnishing of natural gas on a cooperative basis.
18        (34) Ownership and operation of agriculture-based
19    biogas (anaerobic digester) systems on a cooperative basis
20    including the marketing and sale of products produced from
21    these, including, but not limited to, methane gas,
22    electricity, and compost.
23        (35) Ownership and operation of a hemophilia program,
24    including comprehensive hemophilia diagnostic treatment
25    centers, under Section 501(a)(2) of the Social Security
26    Act. The hemophilia program may employ physicians, other

 

 

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1    health care professionals, and staff. The program and the
2    corporate board may not exercise control over, direct, or
3    interfere with a physician's exercise and execution of his
4    or her professional judgment in the provision of care or
5    treatment.
6        (36) Engineering for conservation services associated
7    with wetland restoration or mitigation, flood mitigation,
8    groundwater recharge, and natural infrastructure.
9    Non-profit engineering for conservation services may not
10    be procured by qualifications based selection criteria for
11    contracts with the Department of Transportation, the
12    Illinois State Toll Highway Authority, or Cook County,
13    except as a subcontractor or subconsultant.
14    (b) A corporation may be organized hereunder to serve in
15an area that adjoins or borders (except for any intervening
16natural watercourse) an area located in an adjoining state
17intended to be similarly served, and the corporation may join
18any corporation created by the adjoining state having an
19identical purpose and organized as a not-for-profit
20corporation. Whenever any corporation organized under this Act
21so joins with a foreign corporation having an identical
22purpose, the corporation shall be permitted to do business in
23Illinois as one corporation; provided (1) that the name, bylaw
24provisions, officers, and directors of each corporation are
25identical, (2) that the foreign corporation complies with the
26provisions of this Act relating to the admission of foreign

 

 

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1corporation, and (3) that the Illinois corporation files a
2statement with the Secretary of State indicating that it has
3joined with a foreign corporation setting forth the name
4thereof and the state of its incorporation.
5(Source: P.A. 103-66, eff. 6-9-23; revised 9-21-23.)
 
6    Section 630. The Consumer Fraud and Deceptive Business
7Practices Act is amended by setting forth, renumbering, and
8changing multiple versions of Section 2BBBB as follows:
 
9    (815 ILCS 505/2BBBB)
10    Sec. 2BBBB. Deceptive practices related to limited
11services pregnancy centers.
12    (a) As used in this Section:
13    "Abortion" means the use of any instrument, medicine,
14drug, or any other substance or device to terminate the
15pregnancy of an individual known to be pregnant with an
16intention other than to increase the probability of a live
17birth, to preserve the life or health of the child after live
18birth, or to remove a dead fetus, as defined in Section 1-10 of
19the Reproductive Health Act.
20    "Affiliates" has the meaning given to the term "hospital
21affiliate" as defined in subsection (b) of Section 10.8 of the
22Hospital Licensing Act.
23    "Emergency contraception" means one or more prescription
24drugs (i) used separately or in combination for the purpose of

 

 

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1preventing pregnancy, (ii) administered to or
2self-administered by a patient within a medically recommended
3amount of time after sexual intercourse, and (iii) dispensed
4for such purpose in accordance with professional standards of
5practice.
6    "Limited services pregnancy center" means an organization
7or facility, including a mobile facility, that:
8        (1) does not directly provide abortions or provide or
9    prescribe emergency contraception, or provide referrals
10    for abortions or emergency contraception, and has no
11    affiliation with any organization or provider who provides
12    abortions or provides or prescribes emergency
13    contraception; and
14        (2) has a primary purpose to offer or provide
15    pregnancy-related services to an individual who is or has
16    reason to believe the individual may be pregnant, whether
17    or not a fee is charged for such services.
18"Limited services pregnancy center" does not include:
19        (1) a health care professional licensed by the
20    Department of Financial and Professional Regulation;
21        (2) a hospital licensed under the Hospital Licensing
22    Act and its affiliates; or
23        (3) a hospital licensed under the University of
24    Illinois Hospital Act and its affiliates.
25"Limited services pregnancy center" includes an organization
26or facility that has employees, volunteers, or agents who are

 

 

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1health care professionals licensed by the Department of
2Financial and Professional Regulation.
3    "Pregnancy-related services" means any medical service, or
4health counseling service, related to the prevention,
5preservation, or termination of pregnancy, including, but not
6limited to, contraception and contraceptive counseling,
7pregnancy testing, pregnancy diagnosis, pregnancy options
8counseling, limited obstetric ultrasound, obstetric
9ultrasound, obstetric sonogram, sexually transmitted
10infections testing, and prenatal care.
11    (b) A limited services pregnancy center shall not engage
12in unfair methods of competition or unfair or deceptive acts
13or practices, including the use or employment of any
14deception, fraud, false pretense, false promise, or
15misrepresentation, or the concealment, suppression, or
16omission of any material fact, with the intent that others
17rely upon the concealment, suppression, or omission of such
18material fact:
19        (1) to interfere with or prevent an individual from
20    seeking to gain entry or access to a provider of abortion
21    or emergency contraception;
22        (2) to induce an individual to enter or access the
23    limited services pregnancy center;
24        (3) in advertising, soliciting, or otherwise offering
25    pregnancy-related services; or
26        (4) in conducting, providing, or performing

 

 

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1    pregnancy-related services.
2    (c) A violation of this Section constitutes a violation of
3this Act.
4(Source: P.A. 103-270, eff. 7-27-23.)
 
5    (815 ILCS 505/2CCCC)
6    Sec. 2CCCC 2BBBB. Violations of the Vision Care Plan
7Regulation Act. Any person who violates the Vision Care Plan
8Regulation Act commits an unlawful practice within the meaning
9of this Act.
10(Source: P.A. 103-482, eff. 8-4-23; revised 9-26-23.)
 
11    (815 ILCS 505/2DDDD)
12    Sec. 2DDDD 2BBBB. Sale and marketing of firearms.
13    (a) As used in this Section:
14    "Firearm" has the meaning set forth in Section 1.1 of the
15Firearm Owners Identification Card Act.
16    "Firearm accessory" means an attachment or device designed
17or adapted to be inserted into, affixed onto, or used in
18conjunction with a firearm that is designed, intended, or
19functions to alter or enhance (i) the firing capabilities of a
20firearm, frame, or receiver, (ii) the lethality of the
21firearm, or (iii) a shooter's ability to hold and use a
22firearm.
23    "Firearm ammunition" has the meaning set forth in Section
241.1 of the Firearm Owners Identification Card Act.

 

 

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1    "Firearm industry member" means a person, firm,
2corporation, company, partnership, society, joint stock
3company, or any other entity or association engaged in the
4design, manufacture, distribution, importation, marketing,
5wholesale, or retail sale of firearm-related products,
6including sales by mail, telephone, or Internet or in-person
7sales.
8    "Firearm-related product" means a firearm, firearm
9ammunition, a firearm precursor part, a firearm component, or
10a firearm accessory that meets any of the following
11conditions:
12        (1) the item is sold, made, or distributed in
13    Illinois;
14        (2) the item is intended to be sold or distributed in
15    Illinois; or
16        (3) the item is or was possessed in Illinois, and it
17    was reasonably foreseeable that the item would be
18    possessed in Illinois.
19    "Straw purchaser" means a person who (i) knowingly
20purchases or attempts to purchase a firearm-related product
21with intent to deliver that firearm-related product to another
22person who is prohibited by federal or State law from
23possessing a firearm-related product or (ii) intentionally
24provides false or misleading information on a Bureau of
25Alcohol, Tobacco, Firearms and Explosives firearms transaction
26record form to purchase a firearm-related product with the

 

 

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1intent to deliver that firearm-related product to another
2person.
3    "Unlawful paramilitary or private militia" means a group
4of armed individuals, organized privately, in violation of the
5Military Code of Illinois and Section 2 of Article XII of the
6Illinois Constitution.
7    (b) It is an unlawful practice within the meaning of this
8Act for any firearm industry member, through the sale,
9manufacturing, importing, or marketing of a firearm-related
10product, to do any of the following:
11        (1) Knowingly create, maintain, or contribute to a
12    condition in Illinois that endangers the safety or health
13    of the public by conduct either unlawful in itself or
14    unreasonable under all circumstances, including failing to
15    establish or utilize reasonable controls. Reasonable
16    controls include reasonable procedures, safeguards, and
17    business practices that are designed to:
18            (A) prevent the sale or distribution of a
19        firearm-related product to a straw purchaser, a person
20        prohibited by law from possessing a firearm, or a
21        person who the firearm industry member has reasonable
22        cause to believe is at substantial risk of using a
23        firearm-related product to harm themselves or another
24        individual or of possessing or using a firearm-related
25        product unlawfully;
26            (B) prevent the loss or theft of a firearm-related

 

 

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1        product from the firearm industry member; or
2            (C) comply with all provisions of applicable
3        local, State, and federal law, and do not otherwise
4        promote the unlawful manufacture, sale, possession,
5        marketing, or use of a firearm-related product.
6        (2) Advertise, market, or promote a firearm-related
7    product in a manner that reasonably appears to support,
8    recommend, or encourage individuals to engage in unlawful
9    paramilitary or private militia activity in Illinois, or
10    individuals who are not in the National Guard, United
11    States armed forces reserves, United States armed forces,
12    or any duly authorized military organization to use a
13    firearm-related product for a military-related purpose in
14    Illinois.
15        (3) Except as otherwise provided, advertise, market,
16    promote, design, or sell any firearm-related product in a
17    manner that reasonably appears to support, recommend, or
18    encourage persons under 18 years of age to unlawfully
19    purchase or possess or use a firearm-related product in
20    Illinois.
21            (A) In determining whether the conduct of a
22        firearm industry member, as described in this
23        paragraph, reasonably appears to support, recommend,
24        or encourage persons under 18 years of age to
25        unlawfully purchase a firearm-related product, a court
26        shall consider the totality of the circumstances,

 

 

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1        including, but not limited to, whether the marketing,
2        advertising promotion, design, or sale:
3                (i) uses caricatures that reasonably appear to
4            be minors or cartoon characters;
5                (ii) offers brand name merchandise for minors,
6            including, but not limited to, clothing, toys,
7            games, or stuffed animals, that promotes a firearm
8            industry member or firearm-related product;
9                (iii) offers firearm-related products in
10            sizes, colors, or designs that are specifically
11            designed to be used by, or appeal to, minors;
12                (iv) is part of a marketing, advertising, or
13            promotion campaign designed with the intent to
14            appeal to minors;
15                (v) uses images or depictions of minors in
16            advertising or marketing, or promotion materials,
17            to depict the use of firearm-related products; or
18                (vi) is placed in a publication created for
19            the purpose of reaching an audience that is
20            predominantly composed of minors and not intended
21            for a more general audience composed of adults.
22            (B) This paragraph does not apply to
23        communications or promotional materials regarding
24        lawful recreational activity with a firearm, such as,
25        but not limited to, practice shooting at targets on
26        established public or private target ranges or

 

 

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1        hunting, trapping, or fishing in accordance with the
2        Wildlife Code or the Fish and Aquatic Life Code.
3        (4) Otherwise engage in unfair methods of competition
4    or unfair or deceptive acts or practices declared unlawful
5    under Section 2 of this Act.
6    (c) Paragraphs (2), (3), and (4) of subsection (b) are
7declarative of existing law and shall not be construed as new
8enactments. The provisions of these paragraphs shall apply to
9all actions commenced or pending on or after August 14, 2023
10(the effective date of Public Act 103-559) this amendatory Act
11of the 103rd General Assembly.
12    (d) The provisions of this Section are severable under
13Section 1.31 of the Statute on Statutes.
14(Source: P.A. 103-559, eff. 8-14-23; revised 9-26-23.)
 
15    Section 635. The Minimum Wage Law is amended by changing
16Section 12 as follows:
 
17    (820 ILCS 105/12)
18    Sec. 12. (a) If any employee is paid by his or her employer
19less than the wage to which he or she is entitled under the
20provisions of this Act, the employee may recover in a civil
21action treble the amount of any such underpayments together
22with costs and such reasonable attorney's fees as may be
23allowed by the Court, and damages of 5% of the amount of any
24such underpayments for each month following the date of

 

 

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1payment during which such underpayments remain unpaid. Any
2agreement between the employee and the employer to work for
3less than such wage is no defense to such action. At the
4request of the employee or on motion of the Director of Labor,
5the Department of Labor may make an assignment of such wage
6claim in trust for the assigning employee and may bring any
7legal action necessary to collect such claim, and the employer
8shall be required to pay the costs incurred in collecting such
9claim. Every such action shall be brought within 3 years from
10the date of the underpayment. Such employer shall be liable to
11the Department of Labor for a penalty in an amount of up to 20%
12of the total employer's underpayment where the employer's
13conduct is proven by a preponderance of the evidence to be
14willful, repeated, or with reckless disregard of this Act or
15any rule adopted under this Act. Such employer shall be liable
16to the Department for an additional penalty of $1,500. All
17administrative penalties ordered under this Act shall be paid
18by certified check, money order, or by an electronic payment
19system designated by the Department for such purposes, and
20shall be made payable to or deposited into the Department's
21Wage Theft Enforcement Fund. Such employer shall be
22additionally liable to the employee for damages in the amount
23of 5% of the amount of any such underpayments for each month
24following the date of payment during which such underpayments
25remain unpaid. These penalties and damages may be recovered in
26a civil action brought by the Director of Labor in any circuit

 

 

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1court. In any such action, the Director of Labor shall be
2represented by the Attorney General.
3    If an employee collects damages of 5% of the amount of
4underpayments as a result of an action brought by the Director
5of Labor, the employee may not also collect those damages in a
6private action brought by the employee for the same violation.
7If an employee collects damages of 5% of the amount of
8underpayments in a private action brought by the employee, the
9employee may not also collect those damages as a result of an
10action brought by the Director of Labor for the same
11violation.
12    (b) If an employee has not collected damages under
13subsection (a) for the same violation, the Director is
14authorized to supervise the payment of the unpaid minimum
15wages and the unpaid overtime compensation owing to any
16employee or employees under Sections 4 and 4a of this Act and
17may bring any legal action necessary to recover the amount of
18the unpaid minimum wages and unpaid overtime compensation and
19an equal additional amount as damages, and the employer shall
20be required to pay the costs incurred in collecting such
21claim. Such employer shall be additionally liable to the
22Department of Labor for up to 20% of the total employer's
23underpayment where the employer's conduct is proven by a
24preponderance of the evidence to be willful, repeated, or with
25reckless disregard of this Act or any rule adopted under this
26Act. Such employer shall be liable to the Department of Labor

 

 

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1for an additional penalty of $1,500, payable to the
2Department's Wage Theft Enforcement Fund. The action shall be
3brought within 5 years from the date of the failure to pay the
4wages or compensation. Any sums thus recovered by the Director
5on behalf of an employee pursuant to this subsection shall be
6deposited into the Department of Labor Special State Trust
7Fund, from which the Department shall disburse the sums owed
8to the employee or employees. The Department shall conduct a
9good faith search to find all employees for whom it has
10recovered unpaid minimum wages or unpaid overtime
11compensation. All disbursements authorized under this Section
12shall be made by certified check, money order, or an
13electronic payment system designated by the Department.
14    (c) The Department shall hold any moneys due to employees
15that it is unable to locate in the Department of Labor Special
16State Trust Fund for no less than 3 years after the moneys were
17collected.
18    Beginning November 1, 2023, or as soon as is practical,
19and each November 1 thereafter, the Department shall report
20any moneys due to employees who cannot be located and that have
21been held by the Department in the Department of Labor Special
22State Trust Fund for 3 or more years and moneys due to
23employees who are deceased to the State Treasurer as required
24by the Revised Uniform Unclaimed Property Act. The Department
25shall not be required to provide the notice required under
26Section 15-501 of the Revised Uniform Unclaimed Property Act.

 

 

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1    Beginning July 1, 2023, or as soon as is practical, and
2each July 1 thereafter, the Department shall direct the State
3Comptroller and State Treasurer to transfer from the
4Department of Labor Special State Trust Fund the balance of
5the moneys due to employees who cannot be located and that have
6been held by the Department in the Department of Labor Special
7State Trust Fund for 3 or more years and moneys due to
8employees who are deceased as follows: (i) 15% to the Wage
9Theft Enforcement Fund and (ii) 85% to the Unclaimed Property
10Trust Fund.
11    The Department may use moneys in the Wage Theft
12Enforcement Fund for the purposes described in Section 14 of
13the Illinois Wage Payment and Collection Act.
14    (d) The Department may adopt rules to implement and
15administer this Section.
16(Source: P.A. 103-182, eff. 6-30-23; 103-201, eff. 1-1-24;
17revised 12-15-23.)
 
18    Section 640. The Equal Pay Act of 2003 is amended by
19changing Section 30 as follows:
 
20    (820 ILCS 112/30)
21    (Text of Section before amendment by P.A. 103-539)
22    Sec. 30. Violations; fines and penalties.
23    (a) If an employee is paid by his or her employer less than
24the wage to which he or she is entitled in violation of Section

 

 

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110 or 11 of this Act, the employee may recover in a civil
2action the entire amount of any underpayment together with
3interest, compensatory damages if the employee demonstrates
4that the employer acted with malice or reckless indifference,
5punitive damages as may be appropriate, injunctive relief as
6may be appropriate, and the costs and reasonable attorney's
7fees as may be allowed by the court and as necessary to make
8the employee whole. At the request of the employee or on a
9motion of the Director, the Department may make an assignment
10of the wage claim in trust for the assigning employee and may
11bring any legal action necessary to collect the claim, and the
12employer shall be required to pay the costs incurred in
13collecting the claim. Every such action shall be brought
14within 5 years from the date of the underpayment. For purposes
15of this Act, "date of the underpayment" means each time wages
16are underpaid.
17    (a-5) If an employer violates subsection (b), (b-5),
18(b-10), or (b-20) of Section 10, the employee may recover in a
19civil action any damages incurred, special damages not to
20exceed $10,000, injunctive relief as may be appropriate, and
21costs and reasonable attorney's fees as may be allowed by the
22court and as necessary to make the employee whole. If special
23damages are available, an employee may recover compensatory
24damages only to the extent such damages exceed the amount of
25special damages. Such action shall be brought within 5 years
26from the date of the violation.

 

 

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1    (b) The Director is authorized to supervise the payment of
2the unpaid wages under subsection (a) or damages under
3subsection (b), (b-5), (b-10), or (b-20) of Section 10 owing
4to any employee or employees under this Act and may bring any
5legal action necessary to recover the amount of unpaid wages,
6damages, and penalties or to seek injunctive relief, and the
7employer shall be required to pay the costs. Any sums
8recovered by the Director on behalf of an employee under this
9Section shall be paid to the employee or employees affected.
10    (c) Employers who violate any provision of this Act or any
11rule adopted under the Act are subject to a civil penalty,
12payable to the Department, for each employee affected as
13follows:
14        (1) An employer with fewer than 4 employees: first
15    offense, a fine not to exceed $500; second offense, a fine
16    not to exceed $2,500; third or subsequent offense, a fine
17    not to exceed $5,000.
18        (2) An employer with between 4 and 99 employees: first
19    offense, a fine not to exceed $2,500; second offense, a
20    fine not to exceed $3,000; third or subsequent offense, a
21    fine not to exceed $5,000.
22        (3) An employer with 100 or more employees who
23    violates any Section of this Act except for Section 11
24    shall be fined up to $10,000 per employee affected. An
25    employer with 100 or more employees that is a business as
26    defined under Section 11 and commits a violation of

 

 

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1    Section 11 shall be fined up to $10,000.
2    Before any imposition of a penalty under this subsection,
3an employer with 100 or more employees who violates item (b) of
4Section 11 and inadvertently fails to file an initial
5application or recertification shall be provided 30 calendar
6days by the Department to submit the application or
7recertification.
8    An employer or person who violates subsection (b), (b-5),
9(b-10), (b-20), or (c) of Section 10 is subject to a civil
10penalty not to exceed $5,000 for each violation for each
11employee affected, payable to the Department.
12    (d) In determining the amount of the penalty, the
13appropriateness of the penalty to the size of the business of
14the employer charged and the gravity of the violation shall be
15considered. The penalty may be recovered in a civil action
16brought by the Director in any circuit court.
17(Source: P.A. 102-36, eff. 6-25-21; 103-201, eff. 1-1-24.)
 
18    (Text of Section after amendment by P.A. 103-539)
19    Sec. 30. Violations; fines and penalties.
20    (a) If an employee is paid by his or her employer less than
21the wage to which he or she is entitled in violation of Section
2210 or 11 of this Act, the employee may recover in a civil
23action the entire amount of any underpayment together with
24interest, compensatory damages if the employee demonstrates
25that the employer acted with malice or reckless indifference,

 

 

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1punitive damages as may be appropriate, injunctive relief as
2may be appropriate, and the costs and reasonable attorney's
3fees as may be allowed by the court and as necessary to make
4the employee whole. At the request of the employee or on a
5motion of the Director, the Department may make an assignment
6of the wage claim in trust for the assigning employee and may
7bring any legal action necessary to collect the claim, and the
8employer shall be required to pay the costs incurred in
9collecting the claim. Every such action shall be brought
10within 5 years from the date of the underpayment. For purposes
11of this Act, "date of the underpayment" means each time wages
12are underpaid.
13    (a-5) If an employer violates subsection (b), (b-5),
14(b-10), or (b-20) of Section 10, the employee may recover in a
15civil action any damages incurred, special damages not to
16exceed $10,000, injunctive relief as may be appropriate, and
17costs and reasonable attorney's fees as may be allowed by the
18court and as necessary to make the employee whole. If special
19damages are available, an employee may recover compensatory
20damages only to the extent such damages exceed the amount of
21special damages. Such action shall be brought within 5 years
22from the date of the violation.
23    (b) The Director is authorized to supervise the payment of
24the unpaid wages under subsection (a) or damages under
25subsection (b), (b-5), (b-10), or (b-20) of Section 10 owing
26to any employee or employees under this Act and may bring any

 

 

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1legal action necessary to recover the amount of unpaid wages,
2damages, and penalties or to seek injunctive relief, and the
3employer shall be required to pay the costs. Any sums
4recovered by the Director on behalf of an employee under this
5Section shall be paid to the employee or employees affected.
6    (c) Employers who violate any provision of this Act or any
7rule adopted under the Act, except for a violation of
8subsection (b-25) of Section 10, are subject to a civil
9penalty, payable to the Department, for each employee affected
10as follows:
11        (1) An employer with fewer than 4 employees: first
12    offense, a fine not to exceed $500; second offense, a fine
13    not to exceed $2,500; third or subsequent offense, a fine
14    not to exceed $5,000.
15        (2) An employer with between 4 and 99 employees: first
16    offense, a fine not to exceed $2,500; second offense, a
17    fine not to exceed $3,000; third or subsequent offense, a
18    fine not to exceed $5,000.
19        (3) An employer with 100 or more employees who
20    violates any Section of this Act except for Section 11
21    shall be fined up to $10,000 per employee affected. An
22    employer with 100 or more employees that is a business as
23    defined under Section 11 and commits a violation of
24    Section 11 shall be fined up to $10,000.
25    Before any imposition of a penalty under this subsection,
26an employer with 100 or more employees who violates item (b) of

 

 

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1Section 11 and inadvertently fails to file an initial
2application or recertification shall be provided 30 calendar
3days by the Department to submit the application or
4recertification.
5    An employer or person who violates subsection (b), (b-5),
6(b-10), (b-20), or (c) of Section 10 is subject to a civil
7penalty not to exceed $5,000 for each violation for each
8employee affected, payable to the Department.
9    (c-5) The Department may initiate investigations of
10alleged violations of subsection (b-25) of Section 10 upon
11receiving a complaint from any person that claims to be
12aggrieved by a violation of that subsection or at the
13Department's discretion. Any person that claims to be
14aggrieved by a violation of subsection (b-25) of Section 10
15may submit a complaint of an alleged violation of that
16subsection to the Department within one year after the date of
17the violation. If the Department has determined that a
18violation has occurred, it shall issue to the employer a
19notice setting forth the violation, the applicable penalty as
20described in subsections (c-10) and (c-15), and the period to
21cure the violation as described in subsection (c-10).
22    (c-7) A job posting found to be in violation of subsection
23(b-25) of Section 10 shall be considered as one violating job
24posting regardless of the number of duplicative postings that
25list the job opening.
26    (c-10) The penalties for a job posting or batch of

 

 

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1postings that are active at the time the Department issues a
2notice of violation for violating subsection (b-25) of Section
310 are as follows:
4        (1) For a first offense, following a cure period of 14
5    days to remedy the violation, a fine not to exceed $500 at
6    the discretion of the Department. A first offense may be
7    either a single job posting that violates subsection
8    (b-25) of Section 10 or multiple job postings that violate
9    subsection (b-25) of Section 10 and are identified at the
10    same time by the Department. The Department shall have
11    discretion to waive any civil penalty under this
12    paragraph.
13        (2) For a second offense, following a cure period of 7
14    days to remedy the violation, a fine not to exceed $2,500
15    at the discretion of the Department. A second offense is a
16    single job posting that violates subsection (b-25) of
17    Section 10. The Department shall have discretion to waive
18    any civil penalty under this paragraph.
19        (3) For a third or subsequent offense, no cure period,
20    a fine not to exceed $10,000 at the discretion of the
21    Department. A third or subsequent offense is a single job
22    posting that violates subsection (b-25) of Section 10. The
23    Department shall have discretion to waive any civil
24    penalty under this paragraph. If a company has had a third
25    offense, it shall incur automatic penalties without a cure
26    period for a period of 5 years, at the completion of which

 

 

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1    any future offense shall count as a first offense. The
2    5-year period shall restart if, during that period, an
3    employer receives a subsequent notice of violation from
4    the Department.
5    (c-15) The penalties for a job posting or batch of job
6postings that are not active at the time the Department issues
7a notice of violation for violating subsection (b-25) of
8Section 10 are as follows:
9        (1) For a first offense, a fine not to exceed $250 at
10    the discretion of the Department. A first offense may be
11    either a single job posting that violates subsection
12    (b-25) of Section 10 or multiple job postings that violate
13    subsection (b-25) of Section 10 and are identified at the
14    same time by the Department. The Department shall have
15    discretion to waive any civil penalty under this
16    paragraph.
17        (2) For a second offense, a fine not to exceed $2,500
18    at the discretion of the Department. A second offense is a
19    single job posting that violates subsection (b-25) of
20    Section 10. The Department shall have discretion to waive
21    any civil penalty under this paragraph.
22        (3) For a third or subsequent offense, a fine not to
23    exceed $10,000 at the discretion of the Department. A
24    third or subsequent offense is a single job posting that
25    violates subsection (b-25) of Section 10. The Department
26    shall have discretion to waive any civil penalty under

 

 

HB4844 Engrossed- 2161 -LRB103 39009 AMC 69146 b

1    this paragraph.
2    For the purposes of this subsection, the Department,
3during its investigation of a complaint, shall make a
4determination as to whether a job posting is not active by
5considering the totality of the circumstances, including, but
6not limited to: (i) whether a position has been filled; (ii)
7the length of time a posting has been accessible to the public;
8(iii) the existence of a date range for which a given position
9is active; and (iv) whether the violating posting is for a
10position for which the employer is no longer accepting
11applications.
12    (d) In determining the amount of the penalty under this
13Section, the appropriateness of the penalty to the size of the
14business of the employer charged and the gravity of the
15violation shall be considered. The penalty may be recovered in
16a civil action brought by the Director in any circuit court.
17(Source: P.A. 102-36, eff. 6-25-21; 103-201, eff. 1-1-24;
18103-539, eff. 1-1-25; revised 9-27-23.)
 
19    Section 645. The Prevailing Wage Act is amended by
20changing Section 2 as follows:
 
21    (820 ILCS 130/2)
22    Sec. 2. This Act applies to the wages of laborers,
23mechanics and other workers employed in any public works, as
24hereinafter defined, by any public body and to anyone under

 

 

HB4844 Engrossed- 2162 -LRB103 39009 AMC 69146 b

1contracts for public works. This includes any maintenance,
2repair, assembly, or disassembly work performed on equipment
3whether owned, leased, or rented.
4    As used in this Act, unless the context indicates
5otherwise:
6    "Public works" means all fixed works constructed or
7demolished by any public body, or paid for wholly or in part
8out of public funds. "Public works" as defined herein includes
9all projects financed in whole or in part with bonds, grants,
10loans, or other funds made available by or through the State or
11any of its political subdivisions, including but not limited
12to: bonds issued under the Industrial Project Revenue Bond Act
13(Article 11, Division 74 of the Illinois Municipal Code), the
14Industrial Building Revenue Bond Act, the Illinois Finance
15Authority Act, the Illinois Sports Facilities Authority Act,
16or the Build Illinois Bond Act; loans or other funds made
17available pursuant to the Build Illinois Act; loans or other
18funds made available pursuant to the Riverfront Development
19Fund under Section 10-15 of the River Edge Redevelopment Zone
20Act; or funds from the Fund for Illinois' Future under Section
216z-47 of the State Finance Act, funds for school construction
22under Section 5 of the General Obligation Bond Act, funds
23authorized under Section 3 of the School Construction Bond
24Act, funds for school infrastructure under Section 6z-45 of
25the State Finance Act, and funds for transportation purposes
26under Section 4 of the General Obligation Bond Act. "Public

 

 

HB4844 Engrossed- 2163 -LRB103 39009 AMC 69146 b

1works" also includes (i) all projects financed in whole or in
2part with funds from the Environmental Protection Agency under
3the Illinois Renewable Fuels Development Program Act for which
4there is no project labor agreement; (ii) all work performed
5pursuant to a public private agreement under the Public
6Private Agreements for the Illiana Expressway Act or the
7Public-Private Agreements for the South Suburban Airport Act;
8(iii) all projects undertaken under a public-private agreement
9under the Public-Private Partnerships for Transportation Act
10or the Department of Natural Resources World Shooting and
11Recreational Complex Act; and (iv) all transportation
12facilities undertaken under a design-build contract or a
13Construction Manager/General Contractor contract under the
14Innovations for Transportation Infrastructure Act. "Public
15works" also includes all projects at leased facility property
16used for airport purposes under Section 35 of the Local
17Government Facility Lease Act. "Public works" also includes
18the construction of a new wind power facility by a business
19designated as a High Impact Business under Section
205.5(a)(3)(E) and the construction of a new utility-scale solar
21power facility by a business designated as a High Impact
22Business under Section 5.5(a)(3)(E-5) of the Illinois
23Enterprise Zone Act. "Public works" also includes electric
24vehicle charging station projects financed pursuant to the
25Electric Vehicle Act and renewable energy projects required to
26pay the prevailing wage pursuant to the Illinois Power Agency

 

 

HB4844 Engrossed- 2164 -LRB103 39009 AMC 69146 b

1Act. "Public works" also includes power washing projects by a
2public body or paid for wholly or in part out of public funds
3in which steam or pressurized water, with or without added
4abrasives or chemicals, is used to remove paint or other
5coatings, oils or grease, corrosion, or debris from a surface
6or to prepare a surface for a coating. "Public works" does not
7include work done directly by any public utility company,
8whether or not done under public supervision or direction, or
9paid for wholly or in part out of public funds. "Public works"
10also includes construction projects performed by a third party
11contracted by any public utility, as described in subsection
12(a) of Section 2.1, in public rights-of-way, as defined in
13Section 21-201 of the Public Utilities Act, whether or not
14done under public supervision or direction, or paid for wholly
15or in part out of public funds. "Public works" also includes
16construction projects that exceed 15 aggregate miles of new
17fiber optic cable, performed by a third party contracted by
18any public utility, as described in subsection (b) of Section
192.1, in public rights-of-way, as defined in Section 21-201 of
20the Public Utilities Act, whether or not done under public
21supervision or direction, or paid for wholly or in part out of
22public funds. "Public works" also includes any corrective
23action performed pursuant to Title XVI of the Environmental
24Protection Act for which payment from the Underground Storage
25Tank Fund is requested. "Public works" also includes all
26construction projects involving fixtures or permanent

 

 

HB4844 Engrossed- 2165 -LRB103 39009 AMC 69146 b

1attachments affixed to light poles that are owned by a public
2body, including street light poles, traffic light poles, and
3other lighting fixtures, whether or not done under public
4supervision or direction, or paid for wholly or in part out of
5public funds, unless the project is performed by employees
6employed directly by the public body. "Public works" also
7includes work performed subject to the Mechanical Insulation
8Energy and Safety Assessment Act. "Public works" also includes
9the removal, hauling, and transportation of biosolids, lime
10sludge, and lime residue from a water treatment plant or
11facility and the disposal of biosolids, lime sludge, and lime
12residue removed from a water treatment plant or facility at a
13landfill. "Public works" does not include projects undertaken
14by the owner at an owner-occupied single-family residence or
15at an owner-occupied unit of a multi-family residence. "Public
16works" does not include work performed for soil and water
17conservation purposes on agricultural lands, whether or not
18done under public supervision or paid for wholly or in part out
19of public funds, done directly by an owner or person who has
20legal control of those lands.
21    "Construction" means all work on public works involving
22laborers, workers or mechanics. This includes any maintenance,
23repair, assembly, or disassembly work performed on equipment
24whether owned, leased, or rented.
25    "Locality" means the county where the physical work upon
26public works is performed, except (1) that if there is not

 

 

HB4844 Engrossed- 2166 -LRB103 39009 AMC 69146 b

1available in the county a sufficient number of competent
2skilled laborers, workers and mechanics to construct the
3public works efficiently and properly, "locality" includes any
4other county nearest the one in which the work or construction
5is to be performed and from which such persons may be obtained
6in sufficient numbers to perform the work and (2) that, with
7respect to contracts for highway work with the Department of
8Transportation of this State, "locality" may at the discretion
9of the Secretary of the Department of Transportation be
10construed to include two or more adjacent counties from which
11workers may be accessible for work on such construction.
12    "Public body" means the State or any officer, board or
13commission of the State or any political subdivision or
14department thereof, or any institution supported in whole or
15in part by public funds, and includes every county, city,
16town, village, township, school district, irrigation, utility,
17reclamation improvement or other district and every other
18political subdivision, district or municipality of the state
19whether such political subdivision, municipality or district
20operates under a special charter or not.
21    "Labor organization" means an organization that is the
22exclusive representative of an employer's employees recognized
23or certified pursuant to the National Labor Relations Act.
24    The terms "general prevailing rate of hourly wages",
25"general prevailing rate of wages" or "prevailing rate of
26wages" when used in this Act mean the hourly cash wages plus

 

 

HB4844 Engrossed- 2167 -LRB103 39009 AMC 69146 b

1annualized fringe benefits for training and apprenticeship
2programs approved by the U.S. Department of Labor, Bureau of
3Apprenticeship and Training, health and welfare, insurance,
4vacations and pensions paid generally, in the locality in
5which the work is being performed, to employees engaged in
6work of a similar character on public works.
7(Source: P.A. 102-9, eff. 1-1-22; 102-444, eff. 8-20-21;
8102-673, eff. 11-30-21; 102-813, eff. 5-13-22; 102-1094, eff.
96-15-22; 103-8, eff. 6-7-23; 103-327, eff. 1-1-24; 103-346,
10eff. 1-1-24; 103-359, eff. 7-28-23; 103-447, eff. 8-4-23;
11revised 12-15-23.)
 
12    Section 650. The Day and Temporary Labor Services Act is
13amended by changing Section 45 as follows:
 
14    (820 ILCS 175/45)
15    Sec. 45. Registration; Department of Labor.
16    (a) A day and temporary labor service agency which is
17located, operates or transacts business within this State
18shall register with the Department of Labor in accordance with
19rules adopted by the Department for day and temporary labor
20service agencies and shall be subject to this Act and any rules
21adopted under this Act. Each day and temporary labor service
22agency shall provide proof of an employer account number
23issued by the Department of Employment Security for the
24payment of unemployment insurance contributions as required

 

 

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1under the Unemployment Insurance Act, and proof of valid
2workers' compensation insurance in effect at the time of
3registration covering all of its employees. If, at any time, a
4day and temporary labor service agency's workers' compensation
5insurance coverage lapses, the agency shall have an
6affirmative duty to report the lapse of such coverage to the
7Department and the agency's registration shall be suspended
8until the agency's workers' compensation insurance is
9reinstated. The Department may assess each day and temporary
10labor service agency a non-refundable registration fee not
11exceeding $3,000 per year per agency and a non-refundable fee
12not to exceed $750 for each branch office or other location
13where the agency regularly contracts with day or temporary
14laborers for services. The fee may be paid by check, money
15order, or the State Treasurer's E-Pay program or any successor
16program, and the Department may not refuse to accept a check on
17the basis that it is not a certified check or a cashier's
18check. The Department may charge an additional fee to be paid
19by a day and temporary labor service agency if the agency, or
20any person on the agency's behalf, issues or delivers a check
21to the Department that is not honored by the financial
22institution upon which it is drawn. The Department shall also
23adopt rules for violation hearings and penalties for
24violations of this Act or the Department's rules in
25conjunction with the penalties set forth in this Act.
26    (a-1) At the time of registration with the Department of

 

 

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1Labor each year, the day and temporary labor service agency
2shall submit to the Department of Labor a report containing
3the information identified in paragraph (9) of subsection (a)
4of Section 12, broken down by branch office, in the aggregate
5for all day or temporary laborers assigned within Illinois and
6subject to this Act during the preceding year. This
7information shall be submitted on a form created by the
8Department of Labor. The Department of Labor shall aggregate
9the information submitted by all registering day and temporary
10labor service agencies by removing identifying data and shall
11have the information available to the public only on a
12municipal and county basis. As used in this paragraph,
13"identifying data" means any and all information that: (i)
14provides specific information on individual worker identity;
15(ii) identifies the service agency in any manner; and (iii)
16identifies clients utilizing the day and temporary labor
17service agency or any other information that can be traced
18back to any specific registering day and temporary labor
19service agency or its client. The information and reports
20submitted to the Department of Labor under this subsection by
21the registering day and temporary labor service agencies are
22exempt from inspection and copying under Section 7.5 of the
23Freedom of Information Act.
24    (b) It is a violation of this Act to operate a day and
25temporary labor service agency without first registering with
26the Department in accordance with subsection (a) of this

 

 

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1Section. The Department shall create and maintain at regular
2intervals on its website, accessible to the public: (1) a list
3of all registered day and temporary labor service agencies in
4the State whose registration is in good standing; (2) a list of
5day and temporary labor service agencies in the State whose
6registration has been suspended, including the reason for the
7suspension, the date the suspension was initiated, and the
8date, if known, the suspension is to be lifted; and (3) a list
9of day and temporary labor service agencies in the State whose
10registration has been revoked, including the reason for the
11revocation and the date the registration was revoked. The
12Department has the authority to assess a penalty against any
13day and temporary labor service agency that fails to register
14with the Department of Labor in accordance with this Act or any
15rules adopted under this Act of $500 for each violation. Each
16day during which a day and temporary labor service agency
17operates without registering with the Department shall be a
18separate and distinct violation of this Act.
19    (c) An applicant is not eligible to register to operate a
20day and temporary labor service agency under this Act if the
21applicant or any of its officers, directors, partners, or
22managers or any owner of 25% or greater beneficial interest:
23        (1) has been involved, as owner, officer, director,
24    partner, or manager, of any day and temporary labor
25    service agency whose registration has been revoked or has
26    been suspended without being reinstated within the 5 years

 

 

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1    immediately preceding the filing of the application; or
2        (2) is under the age of 18.
3    (d) Every agency shall post and keep posted at each
4location, in a position easily accessible to all day or
5temporary laborers s, notices as supplied and required by the
6Department containing a copy or summary of the provisions of
7the Act and a notice which informs the public of a toll-free
8telephone number for day or temporary laborers and the public
9to file wage dispute complaints and other alleged violations
10by day and temporary labor service agencies. Every day and
11temporary labor service agency employing day or temporary
12laborers who communicate with the day and temporary labor
13service agency by electronic communication shall also provide
14all required notices by email to its day or temporary laborers
15or on a website, regularly used by the employer to communicate
16work-related information, that all day or temporary laborers
17are able to regularly access, freely and without interference.
18Such notices shall be in English and any other language
19generally understood in the locale of the day and temporary
20labor service agency.
21(Source: P.A. 103-201, eff. 1-1-24; 103-437, eff. 8-4-23;
22revised 12-15-23.)
 
23    Section 655. The Paid Leave for All Workers Act is amended
24by changing Section 15 as follows:
 

 

 

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1    (820 ILCS 192/15)
2    Sec. 15. Provision of paid leave.
3    (a) An employee who works in Illinois is entitled to earn
4and use up to a minimum of 40 hours of paid leave during a
512-month period or a pro rata number of hours of paid leave
6under the provisions of subsection (b). The paid leave may be
7used by the employee for any purpose as long as the paid leave
8is taken in accordance with the provisions of this Act.
9    (b) Paid leave under this Act shall accrue at the rate of
10one hour of paid leave for every 40 hours worked up to a
11minimum of 40 hours of paid leave or such greater amount if the
12employer provides more than 40 hours. Employees who are exempt
13from the overtime requirements of the federal Fair Labor
14Standards Act (29 U.S.C. 213(a)(1)) shall be deemed to work 40
15hours in each workweek for purposes of paid leave accrual
16unless their regular workweek is less than 40 hours, in which
17case paid leave accrues based on that regular workweek.
18Employees shall determine how much paid leave they need to
19use, however employers may set a reasonable minimum increment
20for the use of paid leave not to exceed 2 hours per day. If an
21employee's scheduled workday is less than 2 hours per day, the
22employee's scheduled workday shall be used to determine the
23amount of paid leave.
24    (c) An employer may make available the minimum number of
25hours of paid leave, subject to pro rata requirements provided
26in subsection (b), to an employee on the first day of

 

 

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1employment or the first day of the 12-month period. Employers
2that provide the minimum number of hours of paid leave to an
3employee on the first day of employment or the first day of the
412-month period are not required to carryover paid leave from
512-month period to 12-month period and may require employees
6to use all paid leave prior to the end of the benefit period or
7forfeit the unused paid leave. However, under no circumstances
8shall an employee be credited with paid leave that is less than
9what the employee would have accrued under subsections (a) and
10(g) of this Section.
11    (d) The 12-month period may be any consecutive 12-month
12period designated by the employer in writing at the time of
13hire. Changes to the 12-month period may be made by the
14employer if notice is given to employees in writing prior to
15the change and the change does not reduce the eligible accrual
16rate and paid leave available to the employee. If the employer
17changes the designated 12-month period, the employer shall
18provide the employee with documentation of the balance of
19hours worked, paid leave accrued and taken, and the remaining
20paid leave balance.
21    (e) Paid leave under this Act may be taken by an employee
22for any reason of the employee's choosing. An employee is not
23required to provide an employer a reason for the leave and may
24not be required to provide documentation or certification as
25proof or in support of the leave. An employee may choose
26whether to use paid leave provided under this Act prior to

 

 

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1using any other leave provided by the employer or State law.
2    (f) Employees shall be paid their hourly rate of pay for
3paid leave. However, employees engaged in an occupation in
4which gratuities or commissions have customarily and usually
5constituted and have been recognized as part of the
6remuneration for hire purposes shall be paid by their employer
7at least the full minimum wage in the jurisdiction in which
8they are employed when paid leave is taken. This wage shall be
9treated as the employee's regular rate of pay for purposes of
10this Act.
11    (g) Paid leave under this Act shall begin to accrue at the
12commencement of employment or on the effective date of this
13Act, whichever is later. Employees shall be entitled to begin
14using paid leave 90 days following commencement of their
15employment or 90 days following the effective date of this
16Act, whichever is later.
17    (h) Paid leave under this Act shall be provided upon the
18oral or written request of an employee in accordance with the
19employer's reasonable paid leave policy notification
20requirements which may include the following:
21        (1) If use of paid leave under this Act is
22    foreseeable, the employer may require the employee to
23    provide 7 calendar days' notice before the date the leave
24    is to begin.
25        (2) If paid leave under this Act is not foreseeable,
26    the employee shall provide such notice as soon as is

 

 

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1    practicable after the employee is aware of the necessity
2    of the leave. An employer that requires notice of paid
3    leave under this Act when the leave is not foreseeable
4    shall provide a written policy that contains procedures
5    for the employee to provide notice.
6        (3) Employers shall provide employees with written
7    notice of the paid leave policy notification requirements
8    in this Section in the manner provided in Section 20 for
9    notice and posting and within 5 calendar days of any
10    change to the employer's reasonable paid leave policy
11    notification requirements.
12        (4) An employer may not require, as a condition of
13    providing paid leave under this Act, that the employee
14    search for or find a replacement worker to cover the hours
15    during which the employee takes paid leave.
16    (i) Except as provided in subsection (c), paid leave under
17this Act shall carry over annually to the extent not used by
18the employee, provided that nothing in this Act shall be
19construed to require an employer to provide more than 40 hours
20of paid leave for an employee in the 12-month period unless the
21employer agrees to do so.
22    (j) Nothing in this Section or any other Illinois law or
23rule shall be construed as requiring financial or other
24payment to an employee from an employer upon the employee's
25termination, resignation, retirement, or other separation from
26employment for paid leave accrued under this Act that has not

 

 

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1been used. Nothing in this Section or any other Illinois law or
2rule shall be construed as requiring financial or other
3reimbursements to an employee from an employer for unused paid
4leave under this Act at the end of the benefit year or any
5other time.
6    (k) If an employee is transferred to a separate division,
7entity, or location, but remains employed by the same
8employer, the employee is entitled to all paid leave accrued
9at the prior division, entity, or location and is entitled to
10use all paid leave as provided in this Section. If there is a
11separation from employment and the employee is rehired within
1212 months of separation by the same employer, previously
13accrued paid leave that had not been used by the employee shall
14be reinstated. The employee shall be entitled to use accrued
15paid leave at the commencement of employment following a
16separation from employment of 12 months or less.
17    (l) Paid leave under this Act shall not be charged or
18otherwise credited to an employee's paid time off bank or
19employee account unless the employer's policy permits such a
20credit. If the paid leave under this Act is credited to an
21employee's paid time off bank or employee vacation account
22then any unused paid leave shall be paid to the employee upon
23the employee's termination, resignation, retirement, or other
24separation to the same extent as vacation time under existing
25Illinois law or rule. Nothing in this Act shall be construed to
26waive or otherwise limit an employee's right to final

 

 

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1compensation for promised and earned, but unpaid vacation time
2or paid time off, as provided under the Illinois Wage Payment
3and Collection Act and rules. Employers shall provide
4employees with written notice of changes to the employer's
5vacation time, paid time off, or other paid leave policies
6that affect an employee's right to final compensation for such
7leave.
8    (m) During any period an employee takes leave under this
9Act, the employer shall maintain coverage for the employee and
10any family member under any group health plan for the duration
11of such leave at no less than the level and conditions of
12coverage that would have been provided if the employee had not
13taken the leave. The employer shall notify the employee that
14the employee is still responsible for paying the employee's
15share of the cost of the health care coverage, if any.
16    (n) Nothing in this Act shall be deemed to interfere with,
17impede, or in any way diminish the right of employees to
18bargain collectively with their employers through
19representatives of their own choosing in order to establish
20wages or other conditions of work in excess of the applicable
21minimum standards established in this Act. The paid leave
22requirements of this Act may be waived in a bona fide
23collective bargaining agreement, but only if the waiver is set
24forth explicitly in such agreement in clear and unambiguous
25terms.
26    Nothing in this Act shall be deemed to affect the validity

 

 

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1or change the terms of bona fide collective bargaining
2agreements in effect on January 1, 2024. After that date,
3requirements of this Act may be waived in a bona fide
4collective bargaining agreement, but only if the waiver is set
5forth explicitly in such agreement in clear and unambiguous
6terms.
7    In no event shall this Act apply to any employee working in
8the construction industry who is covered by a bona fide
9collective bargaining agreement, nor shall this Act apply to
10any employee who is covered by a bona fide collective
11bargaining agreement with an employer that provides services
12nationally and internationally of delivery, pickup, and
13transportation of parcels, documents, and freight.
14    Notwithstanding the provisions of this subsection, nothing
15in this Act shall be deemed to affect the validity or change
16the terms of a bona fide collective bargaining agreement
17applying to an employee who is employed by a State agency that
18is in effect on July 1, 2024. After that date, requirements of
19this Act may be waived in a bona fide collective bargaining
20agreement, but only if the waiver is set forth explicitly in
21such agreement in clear and unambiguous terms. As used in this
22subsection, "State agency" has the same meaning as set forth
23in Section 4 of the Forms Notice Act.
24    (o) An agreement by an employee to waive his or her rights
25under this Act is void as against public policy.
26    (p) The provisions of this Act shall not apply to any

 

 

HB4844 Engrossed- 2179 -LRB103 39009 AMC 69146 b

1employer that is covered by a municipal or county ordinance
2that is in effect on the effective date of this Act that
3requires employers to give any form of paid leave to their
4employees, including paid sick leave or paid leave.
5Notwithstanding the provisions of this subsection, any
6employer that is not required to provide paid leave to its
7employees, including paid sick leave or paid leave, under a
8municipal or county ordinance that is in effect on the
9effective date of this Act shall be subject to the provisions
10of this Act if the employer would be required to provide paid
11leave under this Act to its employees.
12    Any local ordinance that provides paid leave, including
13paid sick leave or paid leave, enacted or amended after the
14effective date of this Act must comply with the requirements
15of this Act or provide benefits, rights, and remedies that are
16greater than or equal to the benefits, rights, and remedies
17afforded under this Act.
18    An employer in a municipality or county that enacts or
19amends a local ordinance that provides paid leave, including
20paid sick leave or paid leave, after the effective date of this
21Act shall only comply with the local ordinance or ordinances
22so long as the benefits, rights, and remedies are greater than
23or equal to the benefits, rights, and remedies afforded under
24this Act.
25(Source: P.A. 102-1143, eff. 1-1-24; revised 12-22-23.)
 

 

 

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1    Section 660. The Child Labor Law is amended by changing
2Sections 17 and 17.3 as follows:
 
3    (820 ILCS 205/17)  (from Ch. 48, par. 31.17)
4    Sec. 17. It shall be the duty of the Department of Labor to
5enforce the provisions of this Act. The Department of Labor
6shall have the power to conduct investigations in connection
7with the administration and enforcement of this Act and the
8authorized officers and employees of the Department of Labor
9are hereby authorized and empowered, to visit and inspect, at
10all reasonable times and as often as possible, all places
11covered by this Act. Truant officers and other school
12officials authorized by the board of education or school
13directors shall report violations under this Act to the
14Department of Labor, and may enter any place in which children
15are, or are believed to be employed and inspect the work
16certificates on file. Such truant officers or other school
17officials also are authorized to file complaints against any
18employer found violating the provisions of this Act in case no
19complaints for such violations are pending; and when such
20complaints are filed by truant officers or other school
21officials, the State's Attorneys attorneys of this State state
22shall appear for the people, and attend to the prosecution of
23such complaints. The Department of Labor shall conduct
24hearings in accordance with the "The Illinois Administrative
25Procedure Act", approved September 22, 1975, as amended, upon

 

 

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1written complaint by an investigator of the Department of
2Labor, truant officer, or other school official, or any
3interested person of a violation of the Act or to revoke any
4certificate under this Act. After such hearing, if supported
5by the evidence, the Department of Labor may issue and cause to
6be served on any party an order to cease and desist from
7violation of the Act, take such further affirmative or other
8action as deemed reasonable to eliminate the effect of the
9violation, and may revoke any certificate issued under the Act
10and determine the amount of any civil penalty allowed by the
11Act. The Department may serve such orders by certified mail or
12by sending a copy by email to an email address previously
13designated by the party for purposes of receiving notice under
14this Act. An email address provided by the party in the course
15of the administrative proceeding shall not be used in any
16subsequent proceedings, unless the party designates that email
17address for the subsequent proceeding. The Director of Labor
18or his authorized representative may compel by subpoena, the
19attendance and testimony of witnesses and the production of
20books, payrolls, records, papers and other evidence in any
21investigation or hearing and may administer oaths to
22witnesses.
23(Source: P.A. 103-201, eff. 1-1-24; revised 1-2-24.)
 
24    (820 ILCS 205/17.3)  (from Ch. 48, par. 31.17-3)
25    Sec. 17.3. Any employer who violates any of the provisions

 

 

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1of this Act or any rule or regulation issued under the Act
2shall be subject to a civil penalty of not to exceed $5,000 for
3each such violation. In determining the amount of such
4penalty, the appropriateness of such penalty to the size of
5the business of the employer charged and the gravity of the
6violation shall be considered. The amount of such penalty,
7when finally determined, may be
8        (1) recovered in a civil action brought by the
9    Director of Labor in any circuit court, in which
10    litigation the Director of Labor shall be represented by
11    the Attorney General;
12        (2) ordered by the court, in an action brought for
13    violation under Section 19, to be paid to the Director of
14    Labor.
15    Any administrative determination by the Department of
16Labor of the amount of each penalty shall be final unless
17reviewed as provided in Section 17.1 of this Act.
18    Civil penalties recovered under this Section shall be paid
19by certified check, money order, or by an electronic payment
20system designated by the Department, and deposited into the
21Child Labor and Day and Temporary Labor Services Enforcement
22Fund, a special fund which is hereby created in the State
23treasury. Moneys in the Fund may be used, subject to
24appropriation, for exemplary programs, demonstration projects,
25and other activities or purposes related to the enforcement of
26this Act or for the activities or purposes related to the

 

 

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1enforcement of the Day and Temporary Labor Services Act, or
2for the activities or purposes related to the enforcement of
3the Private Employment Agency Act.
4(Source: P.A. 103-201, eff. 1-1-24; revised 9-21-23.)
 
5    Section 665. The Line of Duty Compensation Act is amended
6by changing Section 2 as follows:
 
7    (820 ILCS 315/2)  (from Ch. 48, par. 282)
8    Sec. 2. As used in this Act, unless the context otherwise
9requires:
10    (a) "Law enforcement officer" or "officer" means any
11person employed by the State or a local governmental entity as
12a policeman, peace officer, auxiliary policeman or in some
13like position involving the enforcement of the law and
14protection of the public interest at the risk of that person's
15life. This includes supervisors, wardens, superintendents and
16their assistants, guards and keepers, correctional officers,
17youth supervisors, parole agents, aftercare specialists,
18school teachers, and correctional counselors counsellors in
19all facilities of both the Department of Corrections and the
20Department of Juvenile Justice, while within the facilities
21under the control of the Department of Corrections or the
22Department of Juvenile Justice or in the act of transporting
23inmates or wards from one location to another or while
24performing their official duties, and all other Department of

 

 

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1Corrections Correction or Department of Juvenile Justice
2employees who have daily contact with inmates. For the
3purposes of this Act, "law enforcement officer" or "officer"
4also means a probation officer, as defined in Section 9b of the
5Probation and Probation Officers Act.
6    The death of the foregoing employees of the Department of
7Corrections or the Department of Juvenile Justice in order to
8be included herein must be by the direct or indirect willful
9act of an inmate, ward, work-releasee, parolee, aftercare
10releasee, parole violator, aftercare release violator, person
11under conditional release, or any person sentenced or
12committed, or otherwise subject to confinement in or to the
13Department of Corrections or the Department of Juvenile
14Justice.
15    (b) "Fireman" means any person employed by the State or a
16local governmental entity as, or otherwise serving as, a
17member or officer of a fire department either for the purpose
18of the prevention or control of fire or the underwater
19recovery of drowning victims, including volunteer firemen.
20    (c) "Local governmental entity" includes counties,
21municipalities, and municipal corporations.
22    (d) "State" means the State of Illinois and its
23departments, divisions, boards, bureaus, commissions,
24authorities, and colleges and universities.
25    (e) "Killed in the line of duty" means losing one's life as
26a result of injury received in the active performance of

 

 

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1duties as a law enforcement officer, civil defense worker,
2civil air patrol member, paramedic, fireman, or chaplain if
3the death occurs within one year from the date the injury was
4received and if that injury arose from violence or other
5accidental cause. In the case of a State employee, "killed in
6the line of duty" means losing one's life as a result of injury
7received in the active performance of one's duties as a State
8employee, if the death occurs within one year from the date the
9injury was received and if that injury arose from a willful act
10of violence by another State employee committed during such
11other employee's course of employment and after January 1,
121988. The term excludes death resulting from the willful
13misconduct or intoxication of the officer, civil defense
14worker, civil air patrol member, paramedic, fireman, chaplain,
15or State employee. However, the burden of proof of such
16willful misconduct or intoxication of the officer, civil
17defense worker, civil air patrol member, paramedic, fireman,
18chaplain, or State employee is on the Attorney General.
19Subject to the conditions set forth in subsection (a) with
20respect to inclusion under this Act of Department of
21Corrections and Department of Juvenile Justice employees
22described in that subsection, for the purposes of this Act,
23instances in which a law enforcement officer receives an
24injury in the active performance of duties as a law
25enforcement officer include, but are not limited to, instances
26when:

 

 

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1        (1) the injury is received as a result of a willful
2    wilful act of violence committed other than by the officer
3    and a relationship exists between the commission of such
4    act and the officer's performance of his duties as a law
5    enforcement officer, whether or not the injury is received
6    while the officer is on duty as a law enforcement officer;
7        (2) the injury is received by the officer while the
8    officer is attempting to prevent the commission of a
9    criminal act by another or attempting to apprehend an
10    individual the officer suspects has committed a crime,
11    whether or not the injury is received while the officer is
12    on duty as a law enforcement officer;
13        (3) the injury is received by the officer while the
14    officer is traveling travelling to or from his employment
15    as a law enforcement officer or during any meal break, or
16    other break, which takes place during the period in which
17    the officer is on duty as a law enforcement officer.
18    In the case of an Armed Forces member, "killed in the line
19of duty" means losing one's life while on active duty in
20connection with the September 11, 2001 terrorist attacks on
21the United States, Operation Enduring Freedom, Operation
22Freedom's Sentinel, Operation Iraqi Freedom, Operation New
23Dawn, or Operation Inherent Resolve.
24    (f) "Volunteer fireman" means a person having principal
25employment other than as a fireman, but who is carried on the
26rolls of a regularly constituted fire department either for

 

 

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1the purpose of the prevention or control of fire or the
2underwater recovery of drowning victims, the members of which
3are under the jurisdiction of the corporate authorities of a
4city, village, incorporated town, or fire protection district,
5and includes a volunteer member of a fire department organized
6under the "General Not for Profit Corporation Act", approved
7July 17, 1943, as now or hereafter amended, which is under
8contract with any city, village, incorporated town, fire
9protection district, or persons residing therein, for fire
10fighting services. "Volunteer fireman" does not mean an
11individual who volunteers assistance without being regularly
12enrolled as a fireman.
13    (g) "Civil defense worker" means any person employed by
14the State or a local governmental entity as, or otherwise
15serving as, a member of a civil defense work force, including
16volunteer civil defense work forces engaged in serving the
17public interest during periods of disaster, whether natural or
18man-made.
19    (h) "Civil air patrol member" means any person employed by
20the State or a local governmental entity as, or otherwise
21serving as, a member of the organization commonly known as the
22"Civil Air Patrol", including volunteer members of the
23organization commonly known as the "Civil Air Patrol".
24    (i) "Paramedic" means an Emergency Medical
25Technician-Paramedic certified by the Illinois Department of
26Public Health under the Emergency Medical Services (EMS)

 

 

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1Systems Act, and all other emergency medical personnel
2certified by the Illinois Department of Public Health who are
3members of an organized body or not-for-profit corporation
4under the jurisdiction of a city, village, incorporated town,
5fire protection district, or county, that provides emergency
6medical treatment to persons of a defined geographical area.
7    (j) "State employee" means any employee as defined in
8Section 14-103.05 of the Illinois Pension Code, as now or
9hereafter amended.
10    (k) "Chaplain" means an individual who:
11        (1) is a chaplain of (i) a fire department or (ii) a
12    police department or other agency consisting of law
13    enforcement officers; and
14        (2) has been designated a chaplain by (i) the fire
15    department, police department, or other agency or an
16    officer or body having jurisdiction over the department or
17    agency or (ii) a labor organization representing the
18    firemen or law enforcement officers.
19    (l) "Armed Forces member" means an Illinois resident who
20is: a member of the Armed Forces of the United States; a member
21of the Illinois National Guard while on active military
22service pursuant to an order of the President of the United
23States; or a member of any reserve component of the Armed
24Forces of the United States while on active military service
25pursuant to an order of the President of the United States.
26(Source: P.A. 102-221, eff. 1-1-22; revised 1-20-24.)
 

 

 

HB4844 Engrossed- 2189 -LRB103 39009 AMC 69146 b

1    Section 995. No acceleration or delay. Where this Act
2makes changes in a statute that is represented in this Act by
3text that is not yet or no longer in effect (for example, a
4Section represented by multiple versions), the use of that
5text does not accelerate or delay the taking effect of (i) the
6changes made by this Act or (ii) provisions derived from any
7other Public Act.
 
8    Section 996. No revival or extension. This Act does not
9revive or extend any Section or Act otherwise repealed.
 
10    Section 999. Effective date. This Act takes effect upon
11becoming law.

 

 

HB4844 Engrossed- 2190 -LRB103 39009 AMC 69146 b

1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 80/4.39
4    5 ILCS 100/5-45.35
5    5 ILCS 100/5-45.36
6    5 ILCS 100/5-45.38
7    5 ILCS 100/5-45.39
8    5 ILCS 100/5-45.40
9    5 ILCS 100/5-45.41
10    5 ILCS 100/5-45.45
11    5 ILCS 100/5-45.46
12    5 ILCS 100/5-45.47
13    5 ILCS 100/5-45.48
14    5 ILCS 100/5-45.50
15    5 ILCS 100/5-45.51
16    5 ILCS 100/5-45.52
17    5 ILCS 140/7
18    5 ILCS 140/7.5
19    5 ILCS 230/10
20    5 ILCS 375/6.11
21    5 ILCS 810/5
22    5 ILCS 840/40
23    10 ILCS 5/1A-8from Ch. 46, par. 1A-8
24    10 ILCS 5/1A-16.1
25    10 ILCS 5/24B-9.1

 

 

HB4844 Engrossed- 2191 -LRB103 39009 AMC 69146 b

1    15 ILCS 335/1A
2    15 ILCS 335/4
3    15 ILCS 510/7afrom Ch. 130, par. 107a
4    20 ILCS 5/5-222
5    20 ILCS 65/20-15
6    20 ILCS 105/4.02
7    20 ILCS 415/8afrom Ch. 127, par. 63b108a
8    20 ILCS 415/8b.3from Ch. 127, par. 63b108b.3
9    20 ILCS 415/8b.9from Ch. 127, par. 63b108b.9
10    20 ILCS 415/8b.10from Ch. 127, par. 63b108b.10
11    20 ILCS 415/9from Ch. 127, par. 63b109
12    20 ILCS 505/5
13    20 ILCS 505/5d
14    20 ILCS 505/7.4
15    20 ILCS 505/17from Ch. 23, par. 5017
16    20 ILCS 505/21
17    20 ILCS 605/605-1103
18    20 ILCS 655/5.5from Ch. 67 1/2, par. 609.1
19    20 ILCS 1305/10-75
20    20 ILCS 1305/80-45
21    20 ILCS 1370/1-80
22    20 ILCS 1405/1405-50
23    20 ILCS 1405/1405-51
24    20 ILCS 2105/2105-15
25    20 ILCS 2105/2105-368
26    20 ILCS 2105/2105-370

 

 

HB4844 Engrossed- 2192 -LRB103 39009 AMC 69146 b

1    20 ILCS 2310/2310-130
2    20 ILCS 2310/2310-720
3    20 ILCS 2310/2310-725
4    20 ILCS 2605/2605-52
5    20 ILCS 2610/16from Ch. 121, par. 307.16
6    20 ILCS 3440/13from Ch. 127, par. 2673
7    20 ILCS 3855/1-56
8    20 ILCS 3930/4from Ch. 38, par. 210-4
9    20 ILCS 3975/Act title
10    30 ILCS 5/3-2.3
11    30 ILCS 105/5.990
12    30 ILCS 105/5.991
13    30 ILCS 105/5.993
14    30 ILCS 105/5.994
15    30 ILCS 105/5.995
16    30 ILCS 105/5.996
17    30 ILCS 105/5.997
18    30 ILCS 105/5.999
19    30 ILCS 105/5.1000
20    30 ILCS 105/5.1001
21    30 ILCS 105/5.1002
22    30 ILCS 105/5.1003
23    30 ILCS 105/5.1004
24    30 ILCS 105/5.1005
25    30 ILCS 105/5.1006
26    30 ILCS 105/5.1007

 

 

HB4844 Engrossed- 2193 -LRB103 39009 AMC 69146 b

1    30 ILCS 105/5.1008
2    30 ILCS 105/5.1009
3    30 ILCS 105/5.1010
4    30 ILCS 105/5.1011
5    30 ILCS 105/6z-32
6    30 ILCS 105/6z-82
7    30 ILCS 105/8.3
8    30 ILCS 105/12-2from Ch. 127, par. 148-2
9    30 ILCS 330/11from Ch. 127, par. 661
10    30 ILCS 420/3from Ch. 127, par. 753
11    30 ILCS 425/5from Ch. 127, par. 2805
12    30 ILCS 500/1-10
13    30 ILCS 500/10-20
14    30 ILCS 559/20-15
15    30 ILCS 750/10-6from Ch. 127, par. 2710-6
16    30 ILCS 805/8.46
17    30 ILCS 805/8.47
18    35 ILCS 5/201
19    35 ILCS 5/203
20    35 ILCS 5/228
21    35 ILCS 5/237
22    35 ILCS 45/110-30
23    35 ILCS 45/110-40
24    35 ILCS 105/3-5
25    35 ILCS 110/3-5
26    35 ILCS 115/3-5

 

 

HB4844 Engrossed- 2194 -LRB103 39009 AMC 69146 b

1    35 ILCS 115/9from Ch. 120, par. 439.109
2    35 ILCS 115/12from Ch. 120, par. 439.112
3    35 ILCS 120/2-5
4    35 ILCS 120/3from Ch. 120, par. 442
5    35 ILCS 130/2from Ch. 120, par. 453.2
6    35 ILCS 735/3-3from Ch. 120, par. 2603-3
7    35 ILCS 1010/1-60
8    40 ILCS 5/15-198
9    40 ILCS 5/16-127from Ch. 108 1/2, par. 16-127
10    50 ILCS 45/30
11    50 ILCS 725/7.2
12    55 ILCS 5/3-8002from Ch. 34, par. 3-8002
13    55 ILCS 5/4-7001
14    55 ILCS 5/5-1022
15    55 ILCS 5/5-1069.3
16    65 ILCS 5/8-4-1from Ch. 24, par. 8-4-1
17    65 ILCS 5/10-4-2.3
18    70 ILCS 705/20from Ch. 127 1/2, par. 38.3
19    70 ILCS 1816/15
20    70 ILCS 2005/11
21    70 ILCS 3605/51
22    75 ILCS 10/3from Ch. 81, par. 113
23    105 ILCS 5/2-3.25d-5
24    105 ILCS 5/2-3.25o
25    105 ILCS 5/2-3.163
26    105 ILCS 5/2-3.196

 

 

HB4844 Engrossed- 2195 -LRB103 39009 AMC 69146 b

1    105 ILCS 5/2-3.198
2    105 ILCS 5/2-3.199
3    105 ILCS 5/2-3.200
4    105 ILCS 5/2-3.201
5    105 ILCS 5/2-3.202
6    105 ILCS 5/2-3.203
7    105 ILCS 5/3-11
8    105 ILCS 5/10-17a
9    105 ILCS 5/10-20.67
10    105 ILCS 5/10-20.85
11    105 ILCS 5/10-20.86
12    105 ILCS 5/10-22.3f
13    105 ILCS 5/10-22.36from Ch. 122, par. 10-22.36
14    105 ILCS 5/10-22.39
15    105 ILCS 5/14-7.02from Ch. 122, par. 14-7.02
16    105 ILCS 5/14-8.02from Ch. 122, par. 14-8.02
17    105 ILCS 5/18-8.15
18    105 ILCS 5/19-6from Ch. 122, par. 19-6
19    105 ILCS 5/21B-30
20    105 ILCS 5/21B-50
21    105 ILCS 5/21B-70
22    105 ILCS 5/22-30
23    105 ILCS 5/22-95
24    105 ILCS 5/22-97
25    105 ILCS 5/22-98
26    105 ILCS 5/22-99

 

 

HB4844 Engrossed- 2196 -LRB103 39009 AMC 69146 b

1    105 ILCS 5/24-2
2    105 ILCS 5/24-12
3    105 ILCS 5/24A-5from Ch. 122, par. 24A-5
4    105 ILCS 5/26A-40
5    105 ILCS 5/27-23.1from Ch. 122, par. 27-23.1
6    105 ILCS 5/27A-3
7    105 ILCS 5/27A-5
8    105 ILCS 5/27A-6
9    105 ILCS 5/27A-7
10    105 ILCS 5/27A-11.5
11    105 ILCS 5/34-18.82
12    105 ILCS 5/34-18.83
13    105 ILCS 5/34-18.84
14    105 ILCS 5/34-84from Ch. 122, par. 34-84
15    105 ILCS 105/10afrom Ch. 122, par. 1410a
16    105 ILCS 110/3
17    105 ILCS 128/50
18    105 ILCS 128/55
19    110 ILCS 305/115
20    110 ILCS 330/8h
21    110 ILCS 330/8i
22    110 ILCS 935/3.09
23    110 ILCS 947/65.100
24    110 ILCS 947/67
25    115 ILCS 5/2from Ch. 48, par. 1702
26    210 ILCS 3/35.2

 

 

HB4844 Engrossed- 2197 -LRB103 39009 AMC 69146 b

1    210 ILCS 40/10.3
2    210 ILCS 40/10.4
3    210 ILCS 50/3.55
4    210 ILCS 50/3.116
5    210 ILCS 85/10.10
6    210 ILCS 85/11.9
7    210 ILCS 89/15
8    210 ILCS 170/46
9    215 ILCS 5/356z.61
10    215 ILCS 5/356z.63
11    215 ILCS 5/356z.64
12    215 ILCS 5/356z.65
13    215 ILCS 5/356z.66
14    215 ILCS 5/356z.67
15    215 ILCS 5/356z.68
16    215 ILCS 5/356z.69
17    215 ILCS 5/356z.70
18    215 ILCS 5/370c.1
19    215 ILCS 124/25
20    215 ILCS 125/5-3from Ch. 111 1/2, par. 1411.2
21    215 ILCS 130/3006from Ch. 73, par. 1503-6
22    215 ILCS 130/4003from Ch. 73, par. 1504-3
23    215 ILCS 165/10from Ch. 32, par. 604
24    220 ILCS 5/8-205from Ch. 111 2/3, par. 8-205
25    220 ILCS 5/9-222.1A
26    220 ILCS 5/9-229

 

 

HB4844 Engrossed- 2198 -LRB103 39009 AMC 69146 b

1    225 ILCS 10/5.1from Ch. 23, par. 2215.1
2    225 ILCS 10/7.2from Ch. 23, par. 2217.2
3    225 ILCS 10/18from Ch. 23, par. 2228
4    225 ILCS 25/4
5    225 ILCS 25/17
6    225 ILCS 46/25
7    225 ILCS 56/95
8    225 ILCS 64/100
9    225 ILCS 95/7.5
10    225 ILCS 115/25.2from Ch. 111, par. 7025.2
11    225 ILCS 130/75
12    225 ILCS 230/1011
13    225 ILCS 320/13.1
14    225 ILCS 735/2from Ch. 111, par. 702
15    230 ILCS 5/30from Ch. 8, par. 37-30
16    230 ILCS 5/31from Ch. 8, par. 37-31
17    235 ILCS 5/5-3from Ch. 43, par. 118
18    305 ILCS 5/5-4.2
19    305 ILCS 5/5-5
20    305 ILCS 5/5-5.01a
21    305 ILCS 5/5-5.05
22    305 ILCS 5/5-5.2
23    305 ILCS 5/5-16.8
24    305 ILCS 5/5-47
25    305 ILCS 5/5-50
26    305 ILCS 5/5-51

 

 

HB4844 Engrossed- 2199 -LRB103 39009 AMC 69146 b

1    305 ILCS 5/5A-12.7
2    305 ILCS 5/6-9from Ch. 23, par. 6-9
3    305 ILCS 5/6-12from Ch. 23, par. 6-12
4    305 ILCS 5/12-4.57
5    305 ILCS 5/12-4.58
6    325 ILCS 2/10
7    325 ILCS 2/30
8    325 ILCS 2/35
9    325 ILCS 5/4.5
10    325 ILCS 5/7.4
11    325 ILCS 40/6from Ch. 23, par. 2256
12    325 ILCS 85/95-10
13    405 ILCS 20/3efrom Ch. 91 1/2, par. 303e
14    410 ILCS 45/8.1from Ch. 111 1/2, par. 1308.1
15    410 ILCS 82/35
16    410 ILCS 517/5
17    410 ILCS 535/25
18    410 ILCS 535/25.6
19    410 ILCS 535/25.7
20    410 ILCS 650/8from Ch. 56 1/2, par. 74
21    410 ILCS 705/15-150
22    410 ILCS 705/15-170
23    415 ILCS 5/17.12
24    415 ILCS 5/22.15
25    415 ILCS 5/31from Ch. 111 1/2, par. 1031
26    415 ILCS 5/58.5

 

 

HB4844 Engrossed- 2200 -LRB103 39009 AMC 69146 b

1    415 ILCS 5/58.6
2    415 ILCS 5/58.7
3    415 ILCS 60/24.1from Ch. 5, par. 824.1
4    415 ILCS 120/40
5    420 ILCS 40/6from Ch. 111 1/2, par. 210-6
6    430 ILCS 65/10from Ch. 38, par. 83-10
7    430 ILCS 125/10
8    520 ILCS 5/2.36from Ch. 61, par. 2.36
9    520 ILCS 5/2.37from Ch. 61, par. 2.37
10    520 ILCS 5/3.5from Ch. 61, par. 3.5
11    605 ILCS 5/6-901from Ch. 121, par. 6-901
12    625 ILCS 5/2-119from Ch. 95 1/2, par. 2-119
13    625 ILCS 5/3-699.14
14    625 ILCS 5/6-103from Ch. 95 1/2, par. 6-103
15    625 ILCS 5/6-106.1
16    625 ILCS 5/6-118
17    625 ILCS 5/6-508.5
18    625 ILCS 5/7-315from Ch. 95 1/2, par. 7-315
19    625 ILCS 5/11-208.6
20    625 ILCS 5/11-305from Ch. 95 1/2, par. 11-305
21    630 ILCS 5/19
22    705 ILCS 105/27.1b
23    705 ILCS 405/1-8
24    705 ILCS 405/2-3from Ch. 37, par. 802-3
25    705 ILCS 405/2-6from Ch. 37, par. 802-6
26    705 ILCS 405/2-9from Ch. 37, par. 802-9

 

 

HB4844 Engrossed- 2201 -LRB103 39009 AMC 69146 b

1    705 ILCS 405/2-10from Ch. 37, par. 802-10
2    705 ILCS 405/2-20from Ch. 37, par. 802-20
3    705 ILCS 405/2-28
4    705 ILCS 405/3-5from Ch. 37, par. 803-5
5    705 ILCS 405/3-6from Ch. 37, par. 803-6
6    705 ILCS 405/3-16from Ch. 37, par. 803-16
7    705 ILCS 405/3-17from Ch. 37, par. 803-17
8    705 ILCS 405/3-19from Ch. 37, par. 803-19
9    705 ILCS 405/3-21from Ch. 37, par. 803-21
10    705 ILCS 405/3-24from Ch. 37, par. 803-24
11    705 ILCS 405/3-33.5
12    705 ILCS 405/4-8from Ch. 37, par. 804-8
13    705 ILCS 405/4-9from Ch. 37, par. 804-9
14    705 ILCS 405/4-14from Ch. 37, par. 804-14
15    705 ILCS 405/4-16from Ch. 37, par. 804-16
16    705 ILCS 405/4-18from Ch. 37, par. 804-18
17    705 ILCS 405/4-21from Ch. 37, par. 804-21
18    705 ILCS 405/5-105
19    705 ILCS 405/5-120
20    705 ILCS 405/5-401.6
21    705 ILCS 405/5-410
22    705 ILCS 405/5-525
23    705 ILCS 405/5-601
24    705 ILCS 405/5-610
25    705 ILCS 405/5-615
26    705 ILCS 405/5-625

 

 

HB4844 Engrossed- 2202 -LRB103 39009 AMC 69146 b

1    705 ILCS 405/5-705
2    705 ILCS 405/5-710
3    705 ILCS 405/5-715
4    705 ILCS 405/5-810
5    705 ILCS 405/5-915
6    705 ILCS 405/6-7from Ch. 37, par. 806-7
7    705 ILCS 405/6-9from Ch. 37, par. 806-9
8    705 ILCS 405/6-10from Ch. 37, par. 806-10
9    720 ILCS 5/9-1from Ch. 38, par. 9-1
10    720 ILCS 5/24-1.9
11    720 ILCS 5/24-1.10
12    720 ILCS 5/24-5.1
13    730 ILCS 5/3-2-13
14    730 ILCS 5/3-2.7-5
15    730 ILCS 5/3-2.7-10
16    730 ILCS 5/3-2.7-20
17    730 ILCS 5/3-2.7-25
18    730 ILCS 5/3-2.7-30
19    730 ILCS 5/3-2.7-35
20    730 ILCS 5/3-2.7-40
21    730 ILCS 5/3-2.7-50
22    730 ILCS 5/3-2.7-55
23    730 ILCS 5/3-5-1
24    730 ILCS 5/3-6-3
25    730 ILCS 5/3-8-10from Ch. 38, par. 1003-8-10
26    730 ILCS 5/5-4-1from Ch. 38, par. 1005-4-1

 

 

HB4844 Engrossed- 2203 -LRB103 39009 AMC 69146 b

1    730 ILCS 5/5-4-3from Ch. 38, par. 1005-4-3
2    730 ILCS 5/5-4.5-105
3    730 ILCS 5/5-6-3from Ch. 38, par. 1005-6-3
4    730 ILCS 5/5-9-1.4from Ch. 38, par. 1005-9-1.4
5    730 ILCS 5/5-9-1.9
6    730 ILCS 148/35
7    730 ILCS 150/6
8    730 ILCS 154/30
9    730 ILCS 215/10
10    735 ILCS 5/21-101from Ch. 110, par. 21-101
11    735 ILCS 5/21-102from Ch. 110, par. 21-102
12    735 ILCS 5/21-102.5
13    735 ILCS 5/21-103
14    735 ILCS 30/25-5-105
15    735 ILCS 30/25-5-107
16    740 ILCS 175/6from Ch. 127, par. 4106
17    745 ILCS 49/42
18    750 ILCS 30/2from Ch. 40, par. 2202
19    765 ILCS 1085/15
20    765 ILCS 1085/25
21    765 ILCS 1085/35
22    775 ILCS 5/8-101
23    805 ILCS 5/1.80from Ch. 32, par. 1.80
24    805 ILCS 105/103.05from Ch. 32, par. 103.05
25    815 ILCS 505/2BBBB
26    815 ILCS 505/2CCCC

 

 

HB4844 Engrossed- 2204 -LRB103 39009 AMC 69146 b

1    815 ILCS 505/2DDDD
2    820 ILCS 105/12
3    820 ILCS 112/30
4    820 ILCS 130/2
5    820 ILCS 175/45
6    820 ILCS 192/15
7    820 ILCS 205/17from Ch. 48, par. 31.17
8    820 ILCS 205/17.3from Ch. 48, par. 31.17-3
9    820 ILCS 315/2from Ch. 48, par. 282